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HomeMy WebLinkAbout1979-093 1 Iii II II " H RESOLUTION NO. 7 '7- 93 "l't 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RODOLFO R. TERRAZAS RELATING TO 3 CONSULTING SERVICES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 an Agreement with Rodolfo R. Terrazas relating to consulting 9 services for the Community Development Block Grant Program, a 10 copy of which is attached hereto, marked Exhibit "A" and incor- 11 porated herein by reference as fully as though set forth at 12 length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San Bernardino at aV7V,Ij f/'1n.J ,1"f""t:1~ _ meeting thereof, held on the d(/A day of ~~ ,1979, by the following vote, to wit: 15 16 17 18 Councilmen ~~k ~ ~ m.Jh.d." ~ ;;f=~~, ;'''i' ?~ fl/ ~A ) ~/;Hj' ), We-/ L'.n ~//""N/ ~Ab ~~ C1ty Clerk The foregoing resolution is hereby approved t . day AYES: 19 20 NAYS: 21 ABSENT: 22 23 24 25 of fkm'7 , 1979. 26 27 28 APprov~q...~s to form: ( ~'~~<-e2)' City Attorney ,CITY CLC:R,\S CFFiCC: ,',';) 'I (. '''7'' ~~ CD u 0 ~::L ~ Uy.....""'..~UU-'...... .....",. .,.,~,_,..........DfPurr. - AGREEt~ENT This Agreement is made and entered into this 1979, by and between Rodolfo R. Terrazas I day of !1 1i!C {-II hereinafter referred to as "Consultant" and the City of San Bernardino, hereinafter referred to as City. \~ITNESSETH : WHEREAS, the City is engaged in the development and implementation of a Community Development Block Grant Program financially assisted through a grant from .the Department of Housing and Urban Development (Title I of the Urban Housing and Community Development Act of 1977); and WHEREAS, the City desires to retain the services of the Consultant to render certain technical and professional services for the Community Development Block Grant program, as hereinafter set forth; NOW, THEREFORE, the parties do mutually agree as follows: 1. The City agrees to engage the services of the Consultant and the Consultant agrees to perform the services as set forth in this agreement. 2. Scope of Services: The Consultant shall perform the following tasks as related to the Community Development Commercial Revitalization Plan in support of the City's Community Development Block Grant Program: A. Contact owners of commercial property to explain revitalization program. B. Obtain information and statistics to qualify owners financially. C. Oversee completion of engineering and structural inspections. D. Determine necessary repairs to bring building to current codes. E. Design in conjunction with owner interior usages. F. Write specifications for rehabilitation. Exhibit "A" \ G. Satisfy all Federal government guidelines for commercial building contracts. H. Issue invitations to bid and review bids when received. I. Assure contracts awarded in compliance with Community Development Block Grant guidelines. J. Assure jobs are completed as specified and bid. 3. Data to be furnished to the Consultant: All information data and reports, existing and available to the City as related to the performance of the scope of services shall be furnished to the Consultant without charge. 4. Time Performance: The services of the Consultant are to commence as soon as practicable after the execution of this agreement and shall be undertaken and completed in such sequence as to insure their expeditious completion in the light of the total program, but in any event all the services required shall be completed on or before February 28, 1980. 5. Compensation: The City agrees to pay the Consultant the total sum of $15,600 for said services rendered, contingent upon tasks completion approved by the City and said sum shall be deemed to include reimbursement for any and all expenses and costs incurred by the Consultant in performing its tasks and services. 6. Method of Payment: Compensation for services rendered hereunder shall be made provided that the Consultant shall submit a detailed progress report each two weeks along with a statement or invoice in the form and manner approved by the City Administrator of the City. In no event shall payment for services rendered under this agreement exceed the sum total of Fifteen Thousand Six Hundred Dollars ($15,600). 7. Termination of Agreement: If the Consultant shall fail for any reason to fulfill in a timely and proper manner his obligations under this agreement or if the Consultant shall violate any of the covenants, conditions, or provisions of this agreement, the City shall thereupon have the right to terminate this agreement by giving at least thirty (30) calendar days' written notice to the Consultant of such termination and specifying the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant under this agreement shall, at the option of the City, become its property and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the foregoing provisions, the Consultant shall not be relieved of the liability to the City for damages sustained by the City by virtue of any breach of the agreement by the Consultant and the City may withhold any payments to the Consultant for the purpose of set-off until such time as the exact amount of damages due the City from the Consultant is determined. 8. Changes: The City may, from time to time, request changes in the scope of the services of the Consultant to be performed hereunder. Such changes including any increase or decrease in the amount of the Consultant's compensation which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this agreement. 9. Equal Employment Opportunity: Consultant covenants that it shall not provide or maintain segregated facilities and shall not discriminate against any employee, or any applicant for employment, because of race, color, religion, sex, age, physical handicap or national origin. 10. Release of News Information. No news releases, including photographs, public announcements or confirmation of same, or any part of the subject matter of this . agreement or any phase of any program hereunder shall be made without prior written approval of the City. 11. No Benefit to Arise to Federal Employee. No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. " 12. No Benefit to Arise to Local Employee. No member, officer, or employee of the City, or their designees or agents, no member of the governing body of the City, and no other public official Who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. 13. Hold Harmless. Consultant hereby agrees to, and shall hold City and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Consultant's operations under this agreement, whether such operations be by consultant or by anyone or more persons directly or indirectly employed by or acting as agent for Consultant. Consultant agrees to, and shall defend City and its elective and appointive boards, commissions, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. 14. Representations. The parties hereto mentioned enter into this agreement in consideration of the mutual recitals and other parts of this agreement. 15. Services to be Provided by the City: The City shall furnish office space for effective liaison between the Consultant and the City and clerical assistance to the Consultant as the City, in its sole discretion, shall determine to be necessary. 16. Miscellaneous Expenses. Except as may otherwise be provided for herein, consultant shall be fully and completely responsible for all expenses involved in his performance under the terms and provisions of this agreement, including any travel and living expenses or any other expenses incurred by his employees and/or agents. 17. Quality of Work. Consultant further agrees that the performance of work and services pursuant to the requirements of this agreement shall conform to high professional standards. The findings will be obtained and the recommendation will be prepared in . accordance with generally accepted planning principles and practices. 18. Place of Acceptance and Delivery. Acceptance and delivery of all reports and services shall be made at Community Development Site Office, 1287 West 5th Street, San Bernardino, California, or other mutually agreed upon locations. 19. Contract Administration. A. The City's Contract Administrator for this agreement is the City's Director of Community Development, Mayor's Office, City of San 'Bernardino. The City may by written notification, change the Contract Administrator or Technical Representative. B. No request, notice, authorization, direction or order re- ceived by consultant or issued thereby, whether pursuant to a section or clause of this agreement, to a provision of any document incorporated into this agreement by reference, or otherwise, shall be binding upon either consultant or the City, unless issued or confirmed in writing by the City's Contract Administrator named herein or by his duly authorized representa- tive. The Contract Administrator shall not be authorized to change any of the terms and conditions of this agreement. Designations of authorized representatives shall be in writing and signed by the Contract Administra- tor. A copy of each such designation, and of each modification or can- cellation thereof, shall be furnished to Consultant. C. The City's Contract Administrator or authorized representative shall be the only person authorized to accept reports from Consultant. 20. Technical Representative. The City's Technical Representative under this agreement is Jim Pace, Rehabilitation Coordinator, Community Development Office, Mayor's Office, City of San Bernardino. The Technical Representative shall represent the Contract Administrator in the technical phases of the work; however, such representative shall not be authorized to ~ change any of the terms and conditions of this agreement. 21. Amendment. This agreement may be amended or modified only by written agreements signed by both parties and failure on the part of either party to enforce any provision of this agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any surety from its obligations under this agreement. 22. Confidential Relationship. All dealings of the parties under this agreement shall be confidential, and any report, data, or communication received, prepared, or assembled by the Consultant under this agreement which the City requests to be kept as confidential shall not be revealed, disseminated, or made available by the Consultant to any persons or organization without the prior written consent of the City. 23. Unilateral Termination. This agreement may be terminated by either party by giving thirty (30) days' advance written notice to the other party, and this agreement shall terminate forthwith thirty (30) days follow- ing the date said written notice is given. In the event this agreement is terminated for any reason whatsoever, Consultant shall receive compensation on a pro rata basis for that portion of the month for which he held him- self available and performed as a consultant prior to termination. 24. Relationship of Parties. It is understood that the contractual relationship of the Consultant to the City is that of independent contractor. City shall not exercise control of the means or manner by which Consultant conducts his activities hereunder. Consultant, as an independent con- tractor, shall obtain at his own expense any and all required business licenses and permits. Consultant is aware of the fact that as an independent contractor he is not covered by the provisions of the Public Employees' Retirement Law and is not covered by City's Workers' Compensation Insurance. J 25. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: Director of Community Development City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Rodolfo R. Terrazas 15618 Ceres Street Fontana, CA 92335 26. Non-Assignability. This agreement shall not be assigned by Consultant without the prior written consent of City. 27. Time of Essence. Time is of the essence herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. CITY OF SAN BERNARDINO ATTEST: BYcP../~;~~ onsul t t I, I ~~I1/~.b ~ity Clerk ad",;;) C~ty