HomeMy WebLinkAbout1994-045
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94-45
RESOLUTION NO
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT TO JOINTLY FUND CONSULTING SERVICES 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 AND SIMON AND COMPANY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
8 execute on behalf of said City an Agreement to jointly fund
9 consulting services by and between the City of San Bernardino, the
10 Water commissioners of the City of San Bernardino and the Community
11 Development Commission of the city of San Bernardino and Simon
12 and Company.
13 SECTION 2. The authorization to execute the above referenced
14 agreement is rescinded if the parties to the agreement fail to
15 execute it within sixty (60) days of the passage of this
16 resolutions.
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the city of San
19 Bernardino at a reqular
meeting thereof, held on the 7th
day
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of March 1994, by the following vote, to wit:
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94-45
RESOLU~ION AUTHORIZING JOINTLY FUNDED CONSULTING SERVICES
WITH WATER COMMISSIONERS AND COMMUNITY DEVELOPMENT COMMISSION.
AYES NAYS ABSTAIN
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2 councilmembers
3 NEGRETE
4 CURLIN
5 HERNANDEZ
6 OBERHELMAN
7 DEVLIN
8 POPE-LUDLAM
9 MILLER
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ABSENT
(i! "-~Iv...L.' r..'J_,,- /-!L-..
~ ci ty Clerk
The foregoing resolution is hereby approved this ~-\-\'\ day of
March , 1994.
Approved as to form
and legal content:
JAMES F. PENMAN
City A~torney 0
BY'J__- 7 v~
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-- 7:;:';V\, ,) It{ (~"
, Tom Minor, Mayor
City of San Bernardino
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Res 94~45
Original
AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
This Agreement is entered into this ns -\-'tv day
of ~",,~,-:yo.. , 1994, by and between the City of San
Bernardino C: "Ci ty" ), 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"),
R E C I TAL S
This Agreement is made with reference to the fOllowing:
1. The parties have determined 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 Water Department has retained the firm of Simon and
Company, Inc.
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 five years commencing on the date first above shown, and
terminating five years 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 any year of
the term, to the other parties.
2. COMPENSATION AND METHOD OF PAYMENT. Water Department
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DAB/js [Jointly.Agr]
January 24. 1994
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Res. 94-45
1 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
2 has agreed to pay Consultant an annual retainer fee in the sum of
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$20,000.00 for services.
In addition, the Consultant is to be
4 reimbursed for out-of-pocket expenses and costs, including travel
5 between the City of San Bernardino and Washington, D. C., long
6 distance telephone calls, express courier fees, and postage. The
7 Water Department shall be responsible for payment of invoices upon
8 receipt, and shall be reimbursed one-third from the remaining
Parties in arrears. The maximum amount to be paid by any Party
shall not exceed Six Thousand Six Hundred Sixty Six Dollars and
Sixty Seven Cents ($6,666.67), per year, plus 1/3 of all out-of-
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pocket expenses and costs as described in this paragraph.
When specific project assignments are given by the Mayor of
the City of San Bernardino, the Agency Administrator of the City
of San Bernardino, the General Manager of the Water Department or
the Executive Director of the Redevelopment Agency, which go
beyond the scope of the regular services of Consultant, payment
shall be wholly the responsibility of the Party making said
assignments.
3. Notices given pursuant to this Agreement shall be in
wri ting and deposited with the United States Postal Service
postage prepaid and addressed as follows:
To the City
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
To Water Department:
General Manager
Water Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
DAB/js [Jointly.Agr]
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January 24. 1994
Res 94-45
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AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
To the Community
Development Commission:
Agency Administrator
Economic Development Agency
of the City of San Bernardino
300 North "D" Street
San Bernardino, CA 93401
5 Nothing in this paragraph shall be construed to prevent the
6 giving of notice by personal service.
7 IN WITNESS WHEREOF the parties have executed this Agreement
8 on the day and date first above shown.
9 CITY OF SAN BERNARDINO
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--~.- \ J (
By: / en.v,- /UGu~~
Tom Minor, Mayor
KAI 1 0 1994,
ATTEST:
/~t~jLc2~ CCiL"'P,--
Ci tY'-Clerk "
Approved as to Form
and Legal Content:
JAMES F. PENMAN,
Ci tY~]AttorneY
! i?
By: Ja/)~ 7 fVv'V'>~
o
BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
_/~4$~d/!;
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Secret t Qo;:t:W
DAB/js [Jointly.AgrI
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January 24. 1994
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Res 94.-45
AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
SAN BERNARDINO
By=-7~;;.~~,,)Vu~~
Tom Minor, Chairman
A~'
Secr ~~
DAB/js [Jointly.Agr]
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January 24. 1994