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HomeMy WebLinkAboutCDC/1999-43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 III RESOLUTION NO. CDC 1999-43 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF DAVID TURCH AND ASSOCIATES 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. BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Executive Director of the Economic Development Agency of the City of San Bernardino is hereby authorized and directed to execute on behalf of said Agency an Agreement to jointly fund the consulting services of David Turch and Associates 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. 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 The authorization to execute the above referenced agreement IS rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 19 III 20 I II 21 III 22 III 23 III 24 25 26 III III 27 III 28 CDe 1999-43 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION OF COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF DAVID TURCH AND ASSOCIATES 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. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a joint meeting thereof, held on the 16th day of December, 1999, by the following vote, to~ Commission: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x 12 MCGINNIS x 13 14 x SCHNETZ x SUAREZ 15 ANDERSON 16 x MILLER x 17 18 19 20 1999. 21 22 23 24 25 By: 26 27 28 rJ[)j){iJLfJL,J1Jt:.CuIJO \ nD.lJJJ!h City Clerk ~a The foregoing resolution is hereby approved this I In- __ day of December ith alles, Chairperson unity Development Commission of ity of San Bernardino CDC 1999-43 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 6th day of December , 1999, by and between the City of San Bernardino ("City"), and 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"). RECITALS 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 City has retained the firm of David Turch and Associates. 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 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 the other Parties. 2. COMPENSATION AND METHOD OF PAYMENT. Compensation to David Turch and Associates 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: Payment shall be CDC 1999-43 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 made at the rate of Three Thousand Seven Hundred Fifty Dollars ($3,750) per month, and reimbursement shall be made to the City by the remaining Parties, in arrears. The maximum amount to be paid by any Party shall not exceed Fifteen Thousand Dollars, plus one-third of all out-of-pocket expenses and costs, as described in this paragraph. David Turch and Associates shall be reimbursed for out-of-pocket expenses and costs, including travel between the city of San Bernardino and Washington, D.C., incurred on San Bernardino's behalf, up to a maximum of $2,500 annually. David Turch and Associates shall bill San Bernardino monthly for such expenses. The City of San Bernardino shall be responsible for payment of invoices upon receipt, and shall be reimbursed one-third from the remaining Parties in arrears. When specific project assignments are given by the Mayor of the City of San Bernardino, the City Administrator, 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 the Consultant, payment shall be wholly the responsibility of the Party making said assignments. 3. NOTICES. Notices given pursuant to this Agreement shall be in writing 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 the Water Department General Manager City of San Bernardino Municipal Water Department P. O. Box 710 San Bernardino, CA 92402 2 CDC 1999-43 1 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES FOR DAVID CHURCH AND ASSOCIATES 2 3 4 5 6 7 8 9 10 11 12 13 14 To the Community Development Commission: Agency Administrator Economic Development Agency City of San Bernardino 201 North E Street, 3rd Floor San Bernardino, CA 92401 Nothing in this paragraph shall be construed to prevent the giving of notice by personal servIce. IN WITNESS WHEREOF the Parties have executed this Agreement on the day and date first shown above. ATTEST: By_xjfYJ{bflJYfdMii)e~ City Clerk 15 16 ATTEST: 17 By: 18 (b~ CITY OF SAN BERNARDINO BOARD OF WATER COMMISSIONERS By: L~~. Warren Cocke, President 19 20 21 L Stacey Aldstadt Secretary .- ::T~ ~~ 22 ... Ann Harris Assistant Secretary 23 24 APPROVED AS TO FORM AND 25 LEGAL CONTENT: 26 By: 27 28 ~ James F. Penman City Attorney 3