HomeMy WebLinkAbout2001-008
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See Companion Resolutions 2001-9, CDC/2001-3
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RESOLUTION NO. 2001-8
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
TO JOINTLY FUND THE CONSULTING SERVICES OF DAVID TURCH AND
ASSOCIATES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD
OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City an Agreement to jointly fund the consulting services
of David Turch and Associates by and between the City of San Bernardino, the Board of Water
Commissioners of the City of San Bernardino and the Community Development Commission
of the City of San Bernardino.
SECTION 2. The authorization to execute the above referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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2001-8
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO
JOINTLY FUND THE CONSULTING SERVICES OF DAVID TURCH AND
ASSOCIATES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD
OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO.
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21 2001.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
Joint
and Common Council of the City of San Bernardino at aRegular meeting thereof, held on the
8th day of January ,2001, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
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LIEN
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MCGINNIS
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SCHNETZ
SUAREZ
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ANDERSON
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MCCAMMACK
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(2L" L . tJ h. Cl-<<-,~
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The foregoing resolution is hereby approved this IOn-J . day of January ,
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Form and legal content:
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JAMES F. PENMAN,
City ttorney
By:
, II
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2001-8 I CDC/2001-3
AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
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This agreement is entercd into this io tH day of January, 2001, by and
betwcen thc City of San Bernardino ("City"), and the Board of Water Commissioners of the
City of San Bernardino ("Water Department"), and the Community Development Commission
of the City of San Bernardino ("EDA").
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RECITALS
This agreement is made with reference to the following:
1. The parties have detern1ined that it is advantageous to and in the best interest of the
Parties to engage a professional consultant for representation in Washington, D.C., for the
purposes of pursuing the obtaining of individual Federal grants; for monitoring and interpreting
Federal statutes and regulations affecting the Parties; and to serve as advocate for the Parties in
connection with all relevant Federal activities.
2. Pursuant to an informal understanding between the Parties, the City has retained the
firm of David Turch and Associates.
3. The Parties desire to share in the costs of said Consultant.
NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS:
1. TERM OF CONTRACT. This Contract shall be for a period of one year,
commcncing on the date first above shown, and terminating one year thereafter, unless
otherwise extended by both Parties. This Contract may be terminated by any Party giving
thirty (30) days written notice prior to thc cnd of the term, to the other Parties.
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,2001-8 I cDc/2001-3
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2. COMPENSATION AND METHOD OF PAYMENT.
Compensation to David Turch and Associates is agreed to be Forty-five Thousand Dollars
($45,000) per year. Such compensation shall be paid by the City according to the following
schedule: The first month's payment of Three Thousand Seven Hundred Fifty ($3,750) to
accompany this contract. Thereafter, payment shall be made at the rate of Three Thousand
Scven Hundred Fifty Dollars ($3,750) per month, and reimbursement shall be made to the City
by the remaining Parties, in arrears. The maximum amount to be paid by any Party shall not
exceed Filieen Thousand Dollars, plus one-third of all out-of-pocket expenses and costs, as
described in this paragraph. David Turch and Associates shall be reimbursed for out-of-pocket
expenses and costs, including travel between the City of San Bernardino and Washington,
D.C., long distance telephone calls, express courier fees and postage, incurred on San
Bernardino's behalf, up to a maximum of $2,500 annually. David Turch and Associates shall
bill San Bernardino monthly for such expenses. The City of San Bernardino shall be
responsible for payment of invoices upon receipt, and shall be reimbursed one-third from the
remaining Parties in arrears.
When specific project assignments are given by the Mayor ofthe City of San
Bernardino, the City Administrator, the General Manager of the Water Department or the
Executive Director of the Redevelopment Agency, which go beyond the scope of the regular
services ofthc Consultant (a copy of the Professional Consulting agreement setting forth the
regular services is attached hereto as Exhibit "A" and incorporated herein by this reference as if
set forth in its entirety) payment for out-of-pocket expenses and costs shall be wholly the
responsibility of the Party making said assignments.
,2001-8 I CI1C/2001-]
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Notices givcn pursuant to this Agrcement shall be in writing and deposited with
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To thc City
To thc Water Department
To the Community Development
Commission:
City Administrator
City of San Bernardino
300 North D. Street
San Bernardino, CA 92418
General Manager
City of San Bernardino
Municipal Water Department
P. O. Box 710
San Bernardino, CA 92402
Agency Administrator
Economic Development Agency
City of San Bernardino
201 North E Street, 3'd Floor
San Bernardino, CA 9240]
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service.
IN WITNESS WHEREOF the Parties have executed this Agreement on the day and
date first shown above.
ATTEST:
By: ~-<< )j. CL.'~L/
C, Clerk
ATTEST:
By:
Stacey R Aldstadt
Secretary
By: .. t! C. ~~
ftudith Valles. Mayor
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l:r-Y OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
By: ~{J/{/~ l<, (k~c,d-<--
Warren Cocke.
President
. 2001-8 I cDc/2001-3
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ATTEST: ._ ~
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By ~/ '. {~
Ann Harris
Assistant Secrctary
5 APPROVED AS TO FORM AND
LEGAL CONTENT:
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Jamcs F. Penman
City Attorncy
2001-9
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PROFESSIONAL CONSULTING AGREEMENT
This agreement is between the City of San Bernardino, California (San
Bernardino) and David Turch and Associates (DTA) of Washington, D.C. Hereinafter, the
term "parties" shall refer to both San Bernardino and DT A jointly. Whenever used in this
document, the word agreement means contract; further, the words "firm (a)" or "company (ies)"
mean any business entity, association, institution or government agency.
I. PURPOSE
San Bernardino hereby engages the services of DT A to advise, counsel and represent
San Bernardino with, principally, but not limited to its affairs with the Legislative and
Executive Branches of the Federal Government. DTA agrees to promote and represent the best
interests of San Bernardino by acting as a liaison between the City and members of Congress,
Congressional Committees and staff, the Executive Branch and other federal officials. In this
capacity, DTA will be responsible for, but is not limited to providing San Bernardino with a
federal legislative action agenda to be used as a basis for all federal funding requests;
identifying and pursuing federal funding programs for San Bernardino programs; and notifying
San Bernardino of legislation, reports, hearing testimony and/or relevant regulatory activities
that will impact its programs and operations. DT A further agrees to provide San Bernardino
regular reports, outlining the status of all current and future work to be performed on behalf of
the City.
DT A will obtain the written and prior consent of San Bernardino in the event that DT A
assigns or subcontracts any portion of its services it has agreed to provide San Bernardino as
outlined in this agreement. DTA also agrees to comply with any and all laws, statutes, and
regulations applicable to the services it will provide San Bernardino, including but not limited
EXHIBIT "An
2001-9
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to, all reporting requirements imposed by law. All services provided by DT A will be on a non-
exclusive basis.
2. TERM OF CONTRACT.
This Contract shall be for a period of one year, commencing on the date of execution,
and terminating one year thereafter, unless previously modified, amended, or cancelled by the
written mutual consent of the parties.
3. CANCELLATION
This contract may be terminated by either party in writing and delivered by first class
mail. Such cancellation shall take effect at the end of the last calendar day of the month
following the month when the notification of cancellation was received.
4. COMPENSATION
a. Ordinarv:
Compensation from San Bernardino to DTA is agreed to be Forty-five
Thousand Dollars ($45,000) per year. Such compensation shall be paid according to
the following schedule:
The first month's payment of Three Thousand Seven Hundred Fifty
($3,750) must accompany this contract signed by the parties.
Thereafter, San Bernardino agrees to pay DT A a monthly payment of
Three Thousand Seven Hundred Fifty Dollars ($3,750) without additional notice or
demand, on or before the fifteenth day of each calendar month beginning on or before
February 15,2001.
b. Expenses:
San Bernardino agrees to reimburse DT A for all ordinary and reasonable
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2001-9
expenses incurred on its behalf, up to $2,500 annually. DT A agrees to bill San
Bernardino monthly for such expenses, such billing to be mailed on or before the fifth
day of each calendar month. Such expense statements are agreed to be paid by San
Bernardino on or before the first day of the calendar month following such billing.
c. CANCELLATION:
Should this agreement be canceled at the option of San Bernardino, San
Bernardino agrees to pay a "drop fee" of 15% of the remaining value of the full year of
this contract. had this contract remained in full force and effect. San Bernardino further
agrees to pay all necessary and reasonable expenses directly associated with the
termination of this agreement or to fulfill commitments previously made on behalf of
San Bernardino pursuant to this agreement. DTA agrees to document all such expenses
incurred on San Bernardino's behalf prior to its obligation to pay.
CONFIDENTIALITY AND CONFLICT
DT A has an established policy regarding the confidentiality of their clients. This policy
extends to the information received regarding a specific project as well as information of a
more general nature concerning a client's activities. Therefore, DT A agrees as an extension of
the existing policy to hold confidential San Bernardino's affairs from the surrounding or
overlapping public jurisdictions as well as from other clients. DT A further agrees to treat any
and all information provided by San Bernardino for the purposes of this contract, as
confidential, unless otherwise directed by San Bernardino.
DT A also agrees, during the term of this contract, that it will not engage in San
Bernardino's political process or make political contributions to any current or potential City
Council members running for any elected City office within San Bernardino.
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2001-9
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DISPUTES
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This contract shall be construed in accordance with the laws of the State of California.
Notwithstanding the above, any controversy or claim arising out of or relating to this contract
or breach thereof, may. by mutual consent of the parties, be settled by arbitration in accordance
with the commercial rules of the American Arbitration Association, and judgement upon the
award be rendered by a court within the County of San Bernardino.
7. DEFAULT
In the event that San Bernardino defaults and referral is made to an attorney for
collection, DT A may terminate the contract by providing written notice of termination for
breach to San Bernardino, whereupon DT A shall have no further obligation to San Bernardino
notwithstanding any provision of this contract to the contrary. San Bernardino further agrees to
pay any and all of DT A's attorney fees and costs of litigation.
In the event that DT A breaches this contract, San Bernardino may terminate the contract
by providing written notice of termination for breach to DT A, whereupon San Bernardino shall
have no further obligation to DT A notwithstanding any provision of the contract to the
contrary. DT A further agrees to pay any and all of San Bernardino's attorney fees and costs of
litigation. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of City shall be considered as "attorney's fees" for the
purposes of this paragraph.
8. FAILURE TO ENFORCE
The failure of DT A or San Bernardino to insist upon strict performance of any of the
terms and conditions herein shall not be deemed a waiver of any rights or remedies that DT A or
San Bernardino may have and shall not be deemed a waiver of any subsequent breach or
default in the terms and conditions herein contained.
2001-9
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9. INDEMNIFICATION
DT A shall indemnify, defend, and hold harmless the City, its officers, employees and
agents (including. without limitation, reasonable costs of defense and reasonable attorneys'
fees) arising out of or related to City's performance of this agreement, except that such duty to
indemnify. defend and hold harmless shall not apply where injury to person or propcrty is
caused by City's willflIi misconduct or negligence. City shall indemnify, defend and hold
harmless DT A. its officers. employees and agents (including, without limitation, reasonable
costs of defense and reasonable attorney's fees) arising out of or related to Consultant's
performance of this Agreement. except that such duty to indemnify, defend and hold harmless
shall not apply where injury to person or property is caused by Consultant's willful misconduct
or negligence. The costs, salary and expenses of the City Attorney and members of his office
in enforcing this Agreement on behalf of City shall be considered as "attorney's fees" for the
purposes of this paragraph.
10. INSURANCE
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While not restricting or limiting the foregoing, during the term of this agreement,
Consultant shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
Worker's Compensation coverage, and shall file copies of said policies with the City's Risk
Manager prior to undertaking any work under this Agreement. City shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the City shall require the insurer to notify City of any change or
termination in the policy.
2001-9
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II. ENTIRE AGREEMENT
This agreement supersedes any and all other agreements, either oral or in writing
between the parties with respect to the subject matters herein. This contract may be modified
or amended at any time only by the mutual consent of the parties, and shall be effective only if
it is in writing and signed by all parties. Any modification or amendment to the contract shall
become a permanent part of this agreement. The agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall together constitute one
and the same instrument.
12. PROCLAMATION AND CERTIFICATION
The persons, or any of them, whose signatures are affixed to this document on behalf of
their companies do proclaim, certify and affirm that they have entered into this agreement
freely in accordance with the by-laws of their firm and that their signatures are genuine and that
they are authorized, directed and empowered by and on behalf of their firm, and in its name, to
execute this contract on such terms and conditions as are stated herein. The contract shall be
binding upon San Bernardino and DT A and their successors andlor assigns.
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2001-9
1 IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the
2 day and year set forth herein:
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CONSULTAN~ ~
Dav' TJurch rssociat~
ATTEST:
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.~~~tJ,-d'':1. ~\.-.k..
Rach Clark, City Clerk
l\ppro"'-'ed :;~s tl' fun::l :...md u)n!.~e.t.
-;2. ~
Date
Date
Date
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