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HomeMy WebLinkAbout1990-377 1 RESOLUTION NO. 90-377 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT TO JOINTLY FUND CONSULTING SERVICES BY AND 3 BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY 4 DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 8 execute on behalf of said City the Agreement to Jointly Fund 9 Consulting Services by and between the City of San Bernardino, 10 the Board of Water Commissioners of the City of San Bernardino, 11 and the Community Development Commission of the City of San Bernardino. 12 SECTION 2. The authorization to execute the above- 13 14 referenced agreement is rescinded if the parties to the agreement 15 fail to execute it within sixty (60) days of the passage of this resolution. 16 17 I HEREBY CERTIFY that the foregoing resolution was duly 18 adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5th 19 20 day of September ,1990, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN 21 ESTRADA 22 REILLY 23 FLORES X 24 MAUDSLEY X 25 MINOR X 26 POPE-LUDLAM X 27 MILLER X 28 D /ses/Simon.res 1 A st 29, 1990 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENT TO JOINTLY FUND CONSULTING SERVICES BY AND 2 BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY 3 DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. 23 24 25 26 27 4 5 6 7 ,/) l \.A -t_ c k ~. ( , 1\ ' ~ J ,- ., t> - City Clerk 0 (U day The foregoing resolution is hereby 8 9 of September 10 11 12 Approved as to form and legal content: 13 14 JAMES F. PENMAN, City Attorney ~.) 15 16 17 18 19 20 21 22 28 D /ses/Simon.res A st 29, 1990 / // 2 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 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES This Agreement is entered into this 5th day of September , 1990, by and between the City of San Bernardino ("City"), the Board of Water Commissioners of the City of San Bernardino ("Water Department"), and the Communi ty Development Commission of the City of San Bernardino (" RDA" ) , 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 one year commencing on the first day July, 1989, and terminating on June 30, 1990, unless otherwise extended by both parties. 2. COMPENSATION AND METHOD OF PAYMENT. Water Department DAB/ses/Simon.agr 1 1 2 has agreed to pay Consultant an annual retainer fee in the sum of 3 $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 8 upon receipt, and shall be reimbursed one-third from the 9 remaining Parties in arrears. The maximum amount to be paid by 10 any Party shall not exceed Six Thousand Six Hundred Sixty Six 11 Dollars and Sixty Seven Cents ($6,666.67), plus 1/3 of all out- 12 of-pocket expenses and costs as described in this paragraph. 13 When specific project assignments are given by the 14 Mayor of the City of San Bernardino, the City Administrator of 15 the City of San Bernardino, the General Manager of the Water 16 Department or the Executive Director of the Redevelopment Agency, 17 which go beyond the scope of the regular services of Consultant, 18 payment shall be wholly the responsibility of the Party making 19 said assignments. 20 3. Notices given pursuant to this Agreement shall be in 21 writing and deposited with the United States Postal Service 23 22 postage prepaid and addressed as follows: 24 25 26 27 28 To the City: City Administrator City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 To Water Department: General Manager Water Department City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 DAB/ses/Simon.agr 2 1 2 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES 3 4 To the Community Development Commission: Executive Director The Redevelopment Agency of the City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 7 Nothing in this paragraph shall be construed to prevent the 5 6 8 giving of notice by personal service. 9 IN WITNESS WHEREOF the parties have executed this Agreement 10 on the day and date first above shown. 11 12 13 14 15 16 ATTEST: qd,-,- (. ,; !\''-'' '- Ci Y Clerk -l-'r.(I_V If Approved as to Form 17 and Legal Content: 19 18 JAMES F. PENMAN, City Attorney 20 21 22 23 ~~'-) 24 ATTEST,: 25 26 ecretary 27 28 DAB/ses/Simon.agr BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO By: : .' ,~i.Lfl "Lj/2/- -' 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES 3 4 Approved as to Form and Legal Content: 5 JAMES F. PENMAN, 6 City Attorney 7 ~-'RD' j COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO 8 9 ~~ By: J-o-s::7.\"-'-.l',t Ro rt-" f. Temple, Acting Executive Director Approved as to Form and Legal Content: BY:~./ ~ Agenc ounse1 DAB/ses/Simon.agr 4 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 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES This Agreement is entered into this 5th day of September , 1990, by and between the City of San Bernardino ("City"), the Board of Water Commissioners of the City of San Bernardino ("Water Department"), and the Community Development Commission of the City of San Bernardino ("RDA"), 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 one year commencing on the first day July, 1989, and terminating on June 30, 1990, unless otherwise extended by both parties. 2. COMPENSATION AND METHOD OF PAYMENT. Water Department DAB/ses/Simon.agr 1 1 2 has agreed to pay Consultant an annual retainer fee in the sum of 3 $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 8 upon receipt, and shall be reimbursed one-third from the 9 remaining Parties in arrears. The maximum amount to be paid by 10 any Party shall not exceed Six Thousand Six Hundred Sixty Six 11 Dollars and Sixty Seven Cents ($6,666.67), plus 1/3 of all out- 12 of-pocket expenses and costs as described in this paragraph. 13 When specific project assignments are given by the 14 Mayor of the City of San Bernardino, the City Administrator of 15 the City of San Bernardino, the General Manager of the Water 16 Department or the Executive Director of the Redevelopment Agency, 17 which go beyond the scope of the regular services of Consultant, 18 payment shall be wholly the responsibility of the Party making 19 said assignments. 20 3. Notices given pursuant to this Agreement shall be in 21 writing and deposited with the United States Postal Service 23 22 postage prepaid and addressed as follows: 24 25 26 27 28 To the City: City Administrator City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 To Water Department: General Manager Water Department City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 DAB/ses/Simon.agr 2 1 2 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES 3 4 To the Community Development Commission: Executive Director The Redevelopment Agency of the City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 7 Nothing in this paragraph shall be construed to prevent the 5 6 8 giving of notice by personal service. 9 IN WITNESS WHEREOF the parties have executed this Agreement 10 on the day and date first above shown. By: /' 11 CITY OF SAN BERNARD 12 13 ATTEST: 14 15 .<J . . c\d-;~g~r~ IV /\"Lt'.-.l."-.t"-V o 16 Approved as to Form 17 and Legal Content: 18 JAMES F. PENMAN, City Attorney 19 ~~/ 20 21 22 23 24 ATTEST: 25 26 27 28 DAB/ses/Simon.agr BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO , By: 'J}; "-1}.d/U/t XI t!~UA:LLLt/L-/' Pre dent 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES 3 4 Approved as to Form and Legal Content: 5 JAMES F. PENMAN, 6 City Attorney 7 B~~) COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO 8 9 By: ~~,,~~ Rob rt . Temp e, Acting Executive Director Approved as to Form and Legal Content: BY:~) .,/ Agency unsel - DAB/ses/Simon.agr 4