HomeMy WebLinkAbout1990-359
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RESOLUTION NO.~-~-y
RESOLUTION OF THE CITY OF SAN
THE EXECUTION OF AN AGREEMENT
ASSOCIATES TO DEVELOP A STANDARD
MANUAL FOR THE PLANNING AND BUILDING
BERNARDINO AUTHORIZING
WITH SMITHSON/DILLON
OPERATING PROCEDURES
SERVICES DEPARTMENT.
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 smithson/Dillon
Associates to develop a Standard Operating Procedures
Manual for the Department
of
Planning and Building
Services, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully
as though 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above-referenced agreement is rescinded if the parties to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.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino
C)o(lc day of
meeting thereof, held on the
1990, by the following vote, to
wit:
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RESOLUTION AUTHORIZING AN AGREEMENT WITH SMITHSON/DILLON
ASSOCIATES RE: STANDARD OPERATING PROCEDURES MANUAL FOR
PLANNING AND BUILDING SERVICES DEPARTMENT
(J{<d~ ~C~'~1~
City Clerk~~-
The foregoing resolution is hereby approved this
/.3./11 day of r ' 1990. //7 / ] .~ /
,..t:.. /. /)/.~///,
. ,/1;::-::>//./'" .-~t-'<-<:~{
~or Pro Tern / .
Clty of San Bernardlno
Approved as to form
and legal content:
James F. Penman,
city Attorney
.^
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By: Jht"1nv-7
(J
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AGREEMENT
(standard Operating Procedures Manual
Planning and Building Services)
ILJ -?.;-
,c2'; day of ({//jt'~H
,/
THIS AGREEMENT is made this
1990, between the CITY OF SAN BERNARDINO,
hereinafter
referred to as "City", and SMITHSON/DILLON
ASSOCIATES,
hereinafter referred to as "Consultant".
city and Consultant agree as follows:
1.
Oualifications.
Consultant represents that
it possesses all professional qualifications necessary to
render the services to the City as set forth herein, and City
enters into this Agreement in reliance upon Consultant's
express representations in regard thereto.
2.
Emplovment
City hereby
of Consultant.
employs Consultant and Consultant agrees
to develop a
Standard Operating Procedures Manual for the City'S Planning
and Building Services Department as described in Exhibit I, a
copy of a letter dated July 16, 1990, from Consultant to the
City Administrator, attached and incorporated herein by
reference.
3.
Personnel.
Consultant represents that it
21 has, or will secure at its own expense, all personnel
22 required to perform the services by Consultant called for
23 under this agreement. Consultant shall at all times be and
24 remain an independent contractor, and such personnel as may
25 be employed by Consultant shall not be employed as agents of
26 City for any purpose.
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AGREEMENT WITH SMITHSON/DILLON ASSOCIATES REGARDING STANDARD
OPERATING PROCEDURES MANUAL - PLANNING AND BUILDING SERVICES
4.
Time
Consultant shall
of
Performance.
complete the Standard Operating Procedures Manual for the
Department of Planning and Building Services within sixty
(60) days following the execution of this agreement.
5.
Compensation.
city shall pay to consultant
a sum not to exceed Nine Thousand Dollars (9,000.00) which
shall be paid to Consultant in accordance with Paragraph 6 of
this agreement.
6.
provision for PaYment.
Payment to CONSULTANT
for services provided under this agreement shall be at the
rate of FIVE HUNDRED DOLLARS ($500.00) per day and in no
event shall exceed
NINE
THOUSAND DOLLARS ($9,000.00).
CONSULTANT shall maintain and file every two (2) weeks with
the Department a record of hours expended on assigned
projects and the Department shall submit a claim or request
for payment to the Finance Department every two (2) weeks.
CONSULTANT shall devote all hours necessary
to insure
adequate performance hereunder.
CONSULTANT shall assume and
pay all out-of pocket expenses and costs of performing
services under this agreement and CITY shall not be liable
for such costs and expenses.
7.
Warranties
Consultant
of
Consultant.
specifically warrants and represents its skills and expertise
to be adequate and competent for the completion of the
assignment hereunder in a good and professional manner.
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AGREEMENT WITH SMITHSON/DILLON' ASSOCIATES REGARDING STANDARD
OPERATING PROCEDURES MANUAL - PLANNING AND BUILDING SERVICES
8.
Assiqnabilitv
The experience, skill and
expertise of Consultant is of the essence of this agreement.
Consultant shall not
assign (whether by assignment or
novation) this agreement or delegate the duties or any right
or interest hereunder in whole or in part without the prior
written consent of City. Any assignment or attempt to assign
this agreement without such prior written consent or by
operation of law shall be void and shall constitute cause for
termination.
9.
Findinqs
reports,
Confidential.
Any
information or data given to or prepared or assembled by
Consultant under this agreement shall not be made available
to any individual or organization by Consultant without the
prior written approval of City.
Any information to be
released shall be released only by the city, or by Consultant
after written approval of such release from City.
10.
Termination of Contract.
City or Consultant
may terminate this agreement for any reason at any time by
giving written notice of such termination and specifying the
effective date thereof at least five (5) days before the
effective date of such termination.
In that event, all
finished and unfinished documents, data, studies, surveys,
drawings and reports or other material prepared by Consultant
under this agreement shall, at the option of City, become its
property, and Consultant shall be entitled to receive just
and
equitable compensation
work
for any satisfactory
completed on such documents and other materials.
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AGREEMENT WITH SMITHSON/DILLON "ASSOCIATES REGARDING STANDARD
OPERATING PROCEDURES MANUAL - PLANNING AND BUILDING SERVICES
Notwithstanding the above, Consultant shall not be
relieved of liability to City for damages sustained by city
by virtue of any breach of this agreement by Consultant, and
city may withhold any payments to Consultant for the purpose
of set-off until such time as the exact amount of damages due
City from Consultant to City are determined.
11.
Amendment.
Should City require changes in
the scope of the services of Consultant to be performed
hereunder, such changes, including any corresponding increase
or decrease in the amount of Consultant's compensation which
shall be mutually agreed upon by City and Consultant, shall
be incorporated in this agreement only by written amendments
hereto.
12.
Hold Harmless.
Consultant shall indemnify,
defend and hold harmless city and its officers, employees and
agents from any claim, loss, cost, damage, demand, expense or
liability, including reasonable attorney's fees, to the
extent resulting from any intentional or negligent act or
omission of Consultant, its partners, agents, employees or
sublicenses relating to this agreement.
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AGREEMENT WITH SMITHSON/DILLON'ASSOCIATES REGARDING STANDARD
OPERATING PROCEDURES MANUAL - PLANNING AND BUILDING SERVICES
13.
Relationship to Parties
Consultant is
acting as an independent contractor, and not as an employee
of the city. In the performance of personal services
pursuant to the provisions of this Agreement, Consultant
shall not be supervised, directed, or under the control or
authority of any city officer or employee, except and to the
extent as may be expressly or implicitly required by the
terms and provisions of this Agreement. Any direction or
control so required under this Agreement shall be limited to
broad objectives or goals of the project or program to be
accomplished and not to the details and procedures to
accomplish such objectives and goals. Consultant shall not
be obligated to conform to the supervision or direction of
city officers or employees which are not authorized herein.
Changes or modifications of said objectives and goals may be
made by written recommendations of either party subject to
the concurrence of the other party in writing.
14.
Notices.
All notices herein required shall
be in writing and delivered in person or sent by certified
mail, postage prepaid, addressed as follows:
citv
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Consultant
Smithson/Dillon Associates
2377 Crenshaw Boulevard
suite #152
Torrance, CA 90501
15.
Time of the Essence.
Time is of the essence
with
performance under this
respect
to
Consultant's
agreement.
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AGREEMENT WITH SMITHSON/DILLON ASSOCIATES REGARDING STANDARD
OPERATING PROCEDURES MANUAL - PLANNING AND BUILDING SERVICES
16.
Anti-Discrimination.
Consultant certifies
and agrees that all persons employed by Consultant, its
affiliates, subsidiaries or holding companies are and will be
treated equally by Consultant without regard to or because of
race, religion, ancestry, national origin, or sex and in
compliance with State and Federal Anti-Discrimination laws.
Consultant further certifies and agrees that it will deal
with its Subcontractors, Bidders and Vendors without regard
to or because of race, religion, ancestry, national origin or
sex.
17.
Consultant to Abide bv Laws.
Consultant
is required to abide by all Federal, State and Local laws
applicable to the SCOPE OF WORK.
18.
Attornev's Fees.
In the event that an
action is filed by either party to enforce rights under this
agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees in addition to any other relief
granted by the court.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the date and year first hereinabove
written.
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AGREEMENT WITH SMITHSON/DILLON ASSOCIATES REGARDING STANDARD
OPERATING PROCEDURES MANUAL - PLANNING AND BUILDING SERVICES
ATTEST:
a"~~.~r
city Clerk
Smithson/Dillon Associates
By: A-7~/~~/7) ~}. ,h/-Un)
Title: ,4,/;//7170
Approved as to
form and legal content
James F. Penman,
city Attorney
By:
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