Loading...
HomeMy WebLinkAbout2001-282 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . RESOLUTION NO. 2001-282 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR PROFESSIONAL TRANSPORTATION MODELING SERVICES WITH SRINIVASA S. BHAT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor is authorized to execute the Agreement for Professional Services with Srinivasa S. Bhat to provide professional transportation modeling services on an "as needed" basis (attached and incorporated herein as Exhibit "A"). A contract is entered into with said consultant for the actual costs incurred, not to exceed $24,000.00, but such agreement shall be effective only upon being fully executed by both parties. The Mayor is hereby authorized and directed to execute said agreement on behalf of the City. SECTION 2. This agreement and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of this resolution. III III - I - 2001-282 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION...AUTHORIZING THE AGREEMENT FOR PROFESSIONAL SERVICES WITH SRINIV ASA S. BHAT. MAYOR TO EXECUTE AN TRANSPORTATION MODELING I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 17th day of September ,2001, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MC GINNIS x SCHNETZ x SUAREZ x ANDERSON x MC CAMMACK ~ )~lNdm City Clerk The foregoing resolution is hereby approved this d / sr d~ September ,2001. 23 Approved as to form and legal content: 24 25 26 27 28 By:. 11/ - 2 - ., 2001-282 EXHIBIT A AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this 17th day of September, 2001, by and between Srinivasa S. Bhat ("Contractor") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has a need for professional transportation modeling services on an as needed basis and, B. WHEREAS, CONTRACTOR is competent and able to perform said transportation modeling services, and, C. NOW, THEREFORE, the parties hereto agree as follows: I. CONTRACTOR shall provide transportation modeling services to CITY in accordance with Attachment 1. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount not to exceed $24,000, in accordance with Attachment A. This Agreement may be canceled by two weeks written notice by either party. 3. CONTRACTOR shall provide the Director of Development Services with a weekly statement of hours worked in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of the statement. 4. The term of this agreement shall begin September 2001 and end July 2002, with total contract hours not to exceed 600 hours. 5. The transportation model and all work product from the transportation model shall remain the property ofthe City of San Bernardino. 6. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expenses (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR'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 or sole negligence. 2001-282 7. CONTRACTOR shall perform work tasks as directed by the Director of Development Services or his designee, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY and, as such, shall not be entitled to any benefits, including but not limited to, medical insurance, retirement and workers' compensation. 8. In the performance of this Agreement contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: To the City: James Funk Director of Development Services 300 North "D" Street San Bernardino, CA 92418 To the Contractor: Srinivasa S. Bhat 21 Silverwood Lane Pomona, CA 91766 Nothing in this paragraph shall be construed to prevent the glVlng of notices by personal service. 10. CONTRACTOR shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Contractor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty- (30) days written notice from the insurer to the City prior to cancellation of any insurance policy of the CONTRACTOR. A. Comorehensive General Liabilitv and Automobile Insurance - The Contractor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Compensation Insurance - The Contractor shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Contractor. 2 ,--- . . , 2001-282 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above shown. Date: vel-'J/ ~ } / . By:~~4- Srimvasa S. Bhat 21 Silverwood Lane Pomona, CA 91766 CITY OF SAN BERNARDINO ATTEST: rzMk1 U~ J; \if Rachel Clark, City Clerk l{J ~~~ CP{J~ And legal content: James F. Penman, City Attorne By: 3 , . " 2001-282 Attachment 1 SERVICES AGREEMENT For Srinivasa S. Bhat Scope of Services: The Consultant shall perform services including, but not limited to, the following activities: . Data Management ofthe City's East Valley Transportation Model (EVTM) . Network changes to EVTM . AM/PM Base Line (94) and future (2020) EVTM Forecasts . Select Link/Select Zone processes . Turning movement data input and extraction from EVTM . Preparation of summary and status EVTM reports in a timely manner . Consultant shall work under the direction of the City Traffic Engineer . Consultant shall not share or provide any EVTM data with any person or organization . Consultant shall not share or provide any EVTM data with any person or organization unless specifically directed by the City Traffic Engineer Compensation: . City shall compensate consultant for actual hours worked at a rate of $40.00 per hour and according to terms in this agreement.