HomeMy WebLinkAbout1999-311
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(See Companion Reso. 1999-310 and CDC/1999-43)
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RESOLUTION NO. 1999-311
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.
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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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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 a r..gnl"r meeting thereof, held on the
6th day of December ,1999, by the following vote, to wit:
Council Members: AYES
ESTRADA x
-
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ x
ANDERSON x
MILLER x
NAYS
ABSTAIN ABSENT
.s42IJd)tOJYYf.1~J)a;) /Qg;gb
City Clerk (:;
The foregoing resolution is hereby approved this ,9' I7^-- day of December ,
1999.
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Jud' h Valles, Mayor
Cit of San Bernardino
Approved as to
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JAMES F. PENMAN,
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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 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 ofDTA 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 oflegislation, reports, hearing testimony and/or relevant regulatory activities
that will impact its programs and operations. DTA 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.
DTA will obtain the written and prior consent of San Bernardino in the event that DTA
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
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to, all reporting requirements imposed by law. All services provided by DTA 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 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 the end
of the term, to other Parties.
3. COMPENSATION.
a. Ordinary:
Compensation from San Bernardino to DTA 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:
a. For services delineated above, San Bernardino shall pay DT A $45,000 for the
term of the Agreement, payable in twelve (12) monthly installments of$3,750.
The fee for services will cover all basic expenses incurred in Washington D.C.
by the DTA on behalf of San Bernardino.
b. Upon prior written approval ofthe Mayor or his/her designee, San Bernardino
shall reimburse the DTA for such pre-approved travel expenses incurred in
attending meetings outside the Washington D.C. area.
c. San Bernardino will be billed on a monthly basis for out-of-pocket expenses and
costs incurred by DTA on its behalf, up to $2,500 annually, in the course of
providing services to San Bernardino pursuant to this Agreement. No other
expenditures made by DT A shall be reimbursed by San Bernardino without the
prior written approval of the Mayor or her designee. DT A agrees to bill San
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Bernardino monthly for such expenses, such billing to be mailed on or before
the fifth day of each calendar month.
4. CONFIDENTIALITY AND CONFLICT
DTA 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.
5. FAILURE TO ENFORCE
The failure of DTA 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.
6. INDEMNIFICATION
DTA 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 DTA, 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
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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.
7. 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 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.
8. NONDISCRIMINATION
In the performance of this Agreement, and in the hiring and recruitment of employees,
DTA shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap,
ethnic background or country of origin.
9. NO EMPLOYMENT
San Bernardino shall perform work tasks provided by this Agreement but for all intents
and purposes, DTA shall be an independent contractor and not an agent or employee of San
Bernardino.
10. 'ENTIRE AGREEMENT
This agreement supersedes any and all other agreements, either oral or in writing
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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.
II. NOTICES
Any notice to be given pursuant to this Agreement shall be deposited with the United
Postal Service, postage prepaid and addressed as follows:
City Administrator's Office
300 North D Street
San Bernardino, CA 92418
Facsimile (909) 384-5138
TO THE CITY:
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David Turch and Associates
517 2nd Street, Northeast
Washington, D.C., 20002
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1999-311
1 PROFESSIONAL CONSULTING AGREEMENT WITH DAVID TURCH AND
ASSOCIATES
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IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and
year set forth herein:
CONSULTANT
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Date
BERNARDINO
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ATTEST:
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Rachel Clar,k, City C.lerk" (J~p 'd;,,,
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Approved as to form and content:
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(7i~
es Penman, City Attorney
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