HomeMy WebLinkAbout1986-478
I
I
I
11
RESOLUTION NO. 86-478
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
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MARSHALL W. JULIAN FOR CONSULTING
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 to execute for and on behalf of said City an
Agreement with Marshall W. Julian for consulting services, a copy
of which is attached hereto as Exhibit "A" and incorporated
herein by reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an i'ldjol1rnpn rp~111ar meeting thereof, held on the
day of
Nnvpmhpr
, 1986, by the following vote, to
18th
wit:
Council Members Estrada, Reillv. Marks. Ouip.l
Strickler
AYES:
Council Member Hernandez
NAYS:
Council Member Fri'lzjp.r
ABSENT:
~#'?/~d
/' City Clerk
The foregoing resolution is hereby approved this I~~ day
of
Novp.mhpr
, 1986.
Approved as to form:
~~~
t'i ty A torney
I'
I
,
I
I
I'
1 Ii
2 Ii
I
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
,~
CONTRACT FOR CONSULTANT SERVICES
THIS CONTRACT is entered into this
9e-i.- day of /;J,;~ ,
1986, by and between the CITY OF SAN BERNARDINO, a municipal
corporation (hereinafter "CITY") and MARSHALL W. JULIAN, an
individual (hereinafter "JULIAN"):
R E C I TAL S
------
This contract is made and entered into with respect to the
following:
1. CITY is currently engaged in a series of preliminary
meetings and inter-jurisdictional deliberations regarding a
proposed Waste-to-Energy project for the San Bernardino Valley
area designed to replace the traditional method of disposing of
refuse at landfill sites with a process utilizing said waste as
fuel to produce energy; and
2. CITY has determined that the magnitude of the potential
costs and operational considerations to the City is such that the
services of an experienced municipal analyst are necessary in
order that best interests of the CITY are adequately represented
in the planning stages and the CITY is informed on a timely basis
as to the progress and development of the project; and
3. CITY'S Public Services Department, which has responsibility
for the collection and disposal of refuse in addition to a variety
of other maintenance and Public Works operations, has emerged from
a divisional status to departmental and has undergone a number of
functional changes and realignments during the past few years;
and, in the interests of organizational efficiency and effective-
ness, a study and update of the structure and staffing of the
Department is considered essential; and
~
:
I ,
I,
1
2 ,
i!
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
4. The commitments and day-to-day obligations of the CITY are
such that the management staff time necessary to participate in
additional studies at this time is not available, and it has
been recommended that the CITY contract with a qualified indiv-
idual to perform the liaison duties involved with respect to
the Waste-to-Energy project and to also perform a management
study and update of the Public Services Department; and
5. JULIAN was formerly employed by the City of San Bernardino
for more than ten years as City Administrator and also has an
extensive municipal management service and consulting background
by reason of his work with other California Cities and therefore
is competent and well qualified to perform the consulting services
desired by the CITY.
NOW, THEREFORE, the parties do hereby agree as follows:
1. CLARIFICATION OF CONSULTANT STATUS. JULIAN shall begin
service as a Consultant for the City of San Bernardino effective
the
day of
, 1986. As Consultant, his duties
and responsibilities shall be generally those outlined under
SCOPE OF SERVICES, as set forth herein.
2. SCOPE OF SERVICES. JULIAN shall serve the CITY as a
Consultant in the two following areas:
A. Waste-to-Energy project. JULIAN shall attend, on behalf
of CITY, all regular and special meetings called by the County
and Cities of San Bernardino County relative to the Waste-to-Energy
Project; act for the CITY at said meetings, as appropriate, in
accordance with such policies and directions as may be set forth
by action of the Mayor and Common Council; research and review
-2-
1
I
I
I reports, documents and other material in order to be informed
I
'on the subject matter scheduled for discussion at meetings;
2
3
counsel with CITY personnel, Council Committees and the Mayor;
4
meet with County officials and the representatives of other
5
Cities; prepare periodic progress reports and recommendations
6
for action; and perform such other duties as may be required to
7
assure adequate representation for the CITY.
8
B. Management Study and Update - Public Services Department.
9
JULIAN shall perform an analysis of the organizational structure
10
component functions, major programs and activities, staffing
11
and procedures of the Public Services Department for the purposes
12
of relating current structure, procedures and personnel to changed
13
and changing problems and conditions; prepare recommendations on
14
the basis of said analysis; and submit a report to the Mayor and
15
Common Council.
16
3. TERM. This contract shall be for a period of ninety (90)
calendar days beginning on the~day of /~Aw/'.), 1986. The
parties recognize and agree that the services to be performed
17
18
19
hereunder will be on a monthly retainer basis, as regards the
20
Waste-to-Energy portion, and on an hours-worked basis with respect
21
to the Management Study and Update portion.
22
4. TERMINATION. This contract may be terminated at any time
23
by either party, upon seven (7) calendar days written notice.
24
5. COMPENSATION. JULIAN shall be entitled to compensation as
25
follows for the services indicated:
26
A. Waste-to-Energy project. JULIAN shall be entitled to
compensation of one hundred seventy-five dollars ($175.00) per
27
28
month for services rendered under this portion of the contract.
-3-
I
I
1
B. Management Study and Up-date. JULIAN shall be entitled
2
to compensation of twenty-five dollars ($25.00) per hour for ser-
I
Ivices rendered under this portion of the contract, not to exceed
3
4
one hundred fifty (150) hours per month.
5 6. METHOD OF BILLING AND PAYMENT. JULIAN shall submit to
6 the City Administrator within five (5) calendar days following
7 the close of each month, a billing for services rendered during
8 the preceding month. The billing advice submitted by JULIAN shall
designate the timing of payments, and it is understood and agreed
9
10
r
in
both parties that no interest shall accrue or be paid to JULIAN
11
the event he shall designate payment at a future date (s).
12 7. REIMBURSEMENT OF EXPENSES. No reimbursable expenses are
13
foreseen at this time. There may be occasions, however, when
14
the CITY shall reimburse JULIAN for all sums necessarily incurred
15
16
or paid by him as a result of his attendance at special meetings,
or while traveling out of the San Bernardino County on CITY
17
business under the direction of the Mayor and Common Council.
18
8. NOTICES. Notices under this contract shall be by personal
19
service or United States mail, postage prepaid, addressed as
20
follows:
21
22
CITY:
The Honorable Mayor and Common Council
City of San Bernardino
Attention: Mayor
300 North "D" Street
San Bernardino, CA 92418
23
24
25
JULIAN:
Marshall W. Julian
3150 Valencia Avenue
San Bernardino, CA 92404
26
27
9. PARTIAL INVALIDITY. If any provision in this contract is
28
held by a court of competent jurisdiction to be invalid, void or
-4-
"
I'
"
1
unenforceable, the remaining provisions shall nonetheless continue
2
in full force.
L
i!
3
4
EXECUTED at San Bernardino, California, on the '1>t'!:/v day of
5
,~..
, 1986.
6
CONSULTANT
7
8
~~~~~
M shall W..I ian
By
9
10
11
CITY OF SAN BERNARDINO
By ,fi"o~.)?~
12
ATTEST:
13
14
15
City Clerk
16
17
18
19
Approved as to form:
20
C~~y~
21
22
23
24
25
26
27
28
-5-