HomeMy WebLinkAbout2001-009
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See Companion Resolutions 2001-8, CDC/2001-3
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RESOLUTION NO. 2001-9
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH DAVID TURCH AND ASSOCIATES FOR FEDERAL
REPRESENT A TION SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City an Agreement with David Turch and Associates
regarding Federal Representation Services, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as though fully set forth at length.
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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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2001-9
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH DAVID TURCH AND ASSOCIATES FOR FEDERAL REPRESENTATION
SERVICES.
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:
9 Council Members:
NAYS
ABSTAIN ABSENT
AYES
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ESTRADA
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LIEN
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MCGINNIS
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SCHNETZ
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SUAREZ
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ANDERSON
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MCCAMMACK
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'~Clerk-
The foregoing resolution is hereby approved this
lOnt day of January
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Approved as to
25 Form and legal content:
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/iUt:h-
Ju4ith Valles, Mayor
city of San Bernardino
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JAMES F. PENMAN,
City A orney
By: /~
r
2001-9
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PROFESSIONAL CONSULTING AGREEMENT
This agreement is between the City :tf~l5lin "Bernilri:!lrid; California (San
Bernardino) and David Turch and Associates (DTA) d~1Wastring~~:mtEl.G. Hereinafter, the
term "parties" shall refer to both San Bernardino and DTA 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.
1. PURPOSE
San Bernardino hereby engages the services ofDT 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, DT A 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 andlor 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 "A"
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 DT A 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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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% ofthe 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.
5. 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. DTA 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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6. DISPUTES
This contract shall be construed in accordance with the laws ofthe 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 DTA 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 DTA's attorney fees and costs oflitigation.
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 DTA 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. F AlLURE 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.
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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 property is
caused by City's willful 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
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 tile 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.
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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 ai1irm that they have entered into this agreement
freely in accordance with the by-laws oftheir tirm 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
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the
day and year set forth herein:
CONSULTAN~ ~
Dav' urch rssociat~
F SAN BERNARDINO
LP'~
Valles. Mayor
ATTEST:
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Rach Clark. CIty Clerk
A.ppr0Yed ::~s tt' fOl'!.'.1 :.-md (:()nf;~e:"
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Date
I ~ 79-1
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