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CITY OF SAN IN!R""QlNO - REQUEST ~R COUNCIL ACTION
4i: H
From:
Gordon R. Johnsou C"'- ..t)~\!l. Off. Subject: Resolution of the City of San
l'.t v. _. Bernardino authorizing the execution of
Personnel _ \ij1 -I(} ~\ '3: 31 an agreement with Filarsky and Watt for
~~. consulting services related labor
March 7, 1989 relations matters
Dept:
Dete:
Synopsis of Previous Council ection:
None
Recommended motion:
Adopt resolution.
~;P C2L-
. Sign6e
Contect person:
Phone:
Supporting deta etteched:
Werd:
FUNDING REQUIREMENTS:
Amount:
So\irce :
Flnence:
Council Notes:
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~ITY' OF SAN _RN"'DINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
At the direction of the Common Council, on January 18, 1989,
Mayor Wilcox gave the firm of Richards, Watson & Gershon
formal notice that their agreement to provide labor relations
consulting services to the City would be terminated effective
30 days later. At its January 26, 1989, meeting, the Council
Personnel Committee requested that staff prepare and mail out
an RFP to locate a new Chief Negotiator. At its February 23,
1989, meeting, the Personnel Committee reviewed the sub-
missions of the 8 firms who responded to the RFP.. The
Committee selected 5 of these firms for interviews which were
held on March 2. The firms interviewed include:
"
1. Atkinson, Andelson, Loya, Rudd and Romo
2. Best, Best & Kreiger
3. Breon, O'Donnel & Miller
4. Filarsky & Watt
5. Liebert, Cassidy & Frierson
The interview panel included Councilmen Tom Minor and Jack
Reilly, Phil Arvizo, Jim Robbins, Denice Brue and Gordon
Johnson. The panel recommends that steve Filarsky of
Filarsky and Watt be appointed Chief Negotiator for this
year's negotiations with AFSCME. Background checks have been
conducted of some client cities Mr. Filarsky works with.
In your packets is a copy of the RFP, Mr.
proposal, and a resolution which would authorize
execute an agreement with Filarsky and Watt.
Filarsky's
the Mayor to
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3/8/89
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CITY OF SAN BERNARDINO
REQUEST FOR PROPOSAL
For Chief Negotiating Services
INTRODUCTION
The City of San Bernardino is seeking a consultant to serve as
Chief Negotiator for this year's negotiations with the POlice, Fire
and General bargaining units. The General Unit has approximately
550 members, Fire Safety has 160, Police Safety has 240.
The Police MOU expired on 12/1/88 and
6/30/89. The Firefighters are working
adopted in December, 1988.
The City will not discriminate with regard to race, religious
creed, color, national origin, ancestry, physical handicap, marital
status, sex or age in the award of contracts.
the General Unit MOU expires
under a Council Resolution
I. SCOPE OF SERVICES
Consultant shall
with negotiations
units:
provide the following services in connection
with the Fire, General and Police bargaining
A. Serve as chief negotiator.
B. Representation at meet-and-confer planning and strategy
sessions.
C. Analysis and costing of employee. organization proposals.
D. Drafting of City proposals and maintenance of complete
records on all negotiations with each bargaining unit,
including notes for each meet and confer session,
proposals and counterproposals submitted by each side,
plus draft and final MOU language. Such records will be
confidential and will be available only to the Consultant
and to the City's Mayor, City Administrator, Director of
Personnel, or such other persons as he/she may designate.
E. Representation at impasse proceedings.
F. Advice regarding the implementation of strike planning
strategies.
(continued)
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Request for Proposal
-- Chief Negotiator
Page 2
G. Advice concerning grievances.
H.
Ensure the availability of a
contact source to respond to
Personnel Department staff
negotiations. (Specify the
contact in your proposal).
Chief Negotiator as a
questions from the City
relating to status of
name of the principal
II. PROPOSAL REQUIREMENTS
A. Criteria for Proposal Acceptance
All responses to this Request for Proposal become the exclusive
property of the City of San Bernardino. Upon receipt of said
proposals, the City may select the Consultant from among those
submitting proposals. After the Consultant has been selected by
the City, the City will negotiate a contract for submission to
the Common Council for their consideration and approval. If a
satisfactory contract cannot be negotiated, the City may, at its
own discretion, begin contract negotiations with the remaining
best qualified Consultant as determined by the City.
The contract for the provision of the above described
negotiating services will be awarded only to a responsible
Consultant. The following criteria will be used in evaluating
the suitability of a Consultant:
1.
Adequacy and availability
cal, and support staff
contract or the ability
required.
of
for
to
professional, techni-
performance of the
obtain such staff as
2. Expertise, prior experience, and professional and
technical skills in the field of public sector
labor relations with special emphasis given to
experience working for California cities and
negotiating with Fire, Police and General Employee
unions/associations.
3. Adequacy of the Consultant's financial resources,
organization, and administrative ability to carry
out the provisions of the contract.
4. Reasonableness of cost as compared with the level
of services to be provided.
5. Consultant must be an equal opportunity employer.
(continued)
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Request for Proposal
-- Chief Negotiator
Page 3
6. Consultant represents that it has, or will secure
at its own expe~se, all personnel required to
perform the serv1ces called for under this
agreement. Consultant shall at all times be and
remain an independent contractor, and such
personnel as may be employed by Consultant shall
not be employees or agents of the City for any
purpose.
7. services of Consultant are to commence as soon as
practicable after the execution of this agreement,
and shall continue until such time as memoranda of
understanding have been executed by the Common
Council for the Fire, General and Police bargaining
units.
8. 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.
B. Contents of Proposal
The submitted
information in
1, 2, and 3.
proposal shall contain the following
addition to information required on pages
1. An overall introduction to the proposal, including a
statement of the Consultant's understanding of the
services.
2. List of all California cities where Consultant has
served as Chief Negotiator for Management including
dates of service, bargaining units negotiated with,
and the name and phone number of a management contact
person for each city.
3. Identification of all professionals on staff and other
personnel who would be involved in providing services
to the city, with a description of their
qualifications, and responsibilities related to this
RFP.
(continued)
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Request for Proposal
-- Chief Negotiator
Page 4
4.
Costs for
bargaining
and Police
providing requested
unit basis, for each
units.
services on a per
of the Fire, General
5.
The following
agreement and
the Contract
City: (Specify
proposal. )
clauses pertaining to a hold harmless
insurance coverage will be contained in
which the Consultant executes with the
that you have or agree to same in your
a. HOLD HARMLESS: Consultant shall assume the defense
of, indemnify and hold harmless the City from all
claims, expenses, damages, and liability of every
nature, directly or indirectly arising from, or
alleged to have arisen from any operation, act or
omission of the Consultant or employees.
b. WORKERS' COMPENSATION: Consultant's employees
shall be covered by workers' compensation insurance
in an amount and form to meet all applicable
requirements of the Labor Code of the State of
California and which specifically covers all
persons providing services on behalf of contractor
and all risks to such persons under this agreement.
6. THE FOLLOWING PROVISION MUST BE A PART OF YOUR BID
"Pursuant to the Request for Proposals, conditions on
the following pages, and subject to all provisions of
the Charter and Ordinances of the City of San
Bernardino, the undersigned hereby proposes to furnish
to the City of San Bernardino, complete at the prices
stated herein, the items or services hereinafter
mentioned; and the undersigned further warrants that
this bid is genuine and that the Consultant has not in
any manner sought by collusion to secure to
himself/herself any advantage over other
Consultants."
7. In submitting this proposal, the Consultant agrees
that he/she will enter into a written contract and
furnish the completed work in the time specified, and
in strict conformity with the City of San Bernardino
specifications therefor, for the prices quoted.
8.
Submission of Proposal:
be signed with the firm
by a corporation must
Signature--all quotations must
name as indicated. A proposal
be signed by a duly authorized
(continued)
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Request for Proposal
-- Chief Negotiator
Page 5
;
officer, employee or agent.
9. Limitations
a. All records described above shall
property of the City of San Bernardino
be used or reproduced in any form
explicit permission of the City.
b. This request for proposal does not commit the City
of San Bernardino to award a contract, to pay any
costs incurred in the preparation of a proposal to
this request or to procure or contract for
services. The City of San Bernardino reserves the
right to accept or reject any or all proposals
received as a result of this request, to negotiate
with qualified Consultants, or to cancel in part or
in its entirety the request for proposal. The Mayor
may require the Consultant selected to participate
in negotiations concerning contract price or the
nature and extent of technical services to be
provided. The results of such negotiations shall
be incorporated into the con tract between the City
of San Bernardino and the Consultant.
be the sole
and may not
without the
1/31/89
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FILARSKY & WATT
STEVE A. 1"1 LARSKY
$I'fARON A. WATT
ATTOPtNII!:YS AT LAW
3eOSill ELM AVENUE
HA.NJIATTAN BEACH. CALIFORNIA 90286
(2131 545.7825
L.OS ANGELES OFFICE
2See OVERLAND AVENUE
7TH FLOOR
L.OS ANGELES, CA aOOe4
(2131 20Z-0ell
February 7, 1989
Mr. Gordon R. Johnson
Personnel Director
City of San Bernardino
.300 North "D" Street
San Bernardino 92418-0001
Dear Gordon:
As a follow up to your letter of February 3, 1989, we are
submitting a proposal to serve as labor relations counsel for
the City of San Bernardino.
1. It is our understanding that the scope of services is to be
as follows:
A. Serve as chief negotiator
B. Representation at meet-and-confer planning and strategy
sessions.
C. Analysis and costing of employee organization proposals.
D. Drafting of City proposals and maintenance of complete
records on all negotiations with each bargaining unit,
including notes for each meet and confer session,
proposals and counterproposals submitted by each side,
plus draft and final MOU language. Such records will be
confidential and will be available only to the
Consultant and to the City's Mayor, City Administrator,
Director of Personnel, or such other persons as he/she
may designate.
E. Representation at impasse proceedings.
F. Advice regarding the implementation of strike planning
strategies.
G. Advice concerning grievances.
H. Ensure the availability of a Chief Negotiator as a
contact source to respond to questions from the City
Personnel Department staff relating to status of
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a
negotiations.
office.
I will be the principal contact from our
2. A list of cities where I have served as chief negotiator is
appended as Attachment No.1.
3. I would personally perform the required work. My
qualifications are set forth in the attached firm resume,
Attachment No.2.
4. All services are provided at the hourly rate of $110.00 per
hour.
5. We agree to enter a written agreement with the City
containing the following language:
a. HOLD HARMLESS: Consultant shall assume the defense of,
indemnify and hold harmless the City from all claims,
expenses, damages, and liability of every nature,
directly or indirectly arising from, or alleged to have
arisen from any operation, act or omission of the
Consultant or employees.
b. WORKERS' COMPENSATION: Consultant's employees shall be
covered by workers' compensation insurance in an amount
and form to meet all applicable requirements of the
Labor Code of the State of California and which
specifically covers all persons providing services on
behalf of contractor and all risks to such persons under
this agreement.
6. Pursuant to the Request for Proposals, and subject to all
provisions of the Charter and Ordinances of the City of San
Bernardino, the undersigned hereby proposes to furnish to
the City of San Bernardino, complete at the prices stated
herein, the items or services hereinafter mentioned; and the
undersigned further warrants that this bid is genuine and
that the consultant has not in an manner sought by collusion
to secure to himself/herself any advantage over other
consultants.
7. I agree to enter into a written contract and furnish the
completed work in the time specified, and in strict
conformity with the City of San Bernardino specifications
therefor, for the prices quoted.
8. Filarsky & Watt is an equal opportunity employer.
9. Filarsky & Watt represents that it has all personnel
required to perform the services called for under this
agreement. Filarsky & Watt shall at all times be and remain
an independent contractor, and such personnel as may be
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employed by Filarsky and Watt shall not be employees or
agents of the City for any purpose.
10. Filarsky & Watt agrees not to 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.
If you have any further questions, please do not hesitate to
call.
Sincerely,
/~rj,~//
Steve A. Filarsky
Attachments
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Attachment "A" - List of Cities
Baldwin Park
1981 to present
POlice, Misc.
Ralph Webb, City Manager
(818) 960-4011
Buena Park
1986 to present
POlice, Fire, Misc.
Kevin O'Rourke, City Manager
(714) 521-9900
Colton
1986 to present
Police, Fire, Misc., Mgmt., Electrical, Police Mgmt.
Frank Benest, City Manager
(714) 370-5051
Hermosa Beach
1987 to present
Police
Bob Blackwood, Personnel Director
(213) 318-0202
Monterey Park
1984 to present
Police, Fire, Misc.
Connie Wiggins, Personnel Director
(818) 307-1345
Palos Verdes Estates
1988 to present
Police
Gordon Siebert, City Manager
(213) 378-0383
Rialto
1986
Police, Police Mgmt., Misc., Mgmt.
Gracie Harmon, Personnel Director
(714) 820-2540
Stanton
1982 - 1986
Police Fire
Kevin O'Rourke (now in Buena Park)
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South Bay Public Reqional Communications Authority
1987 to Present
Teamsters, Misc., Mgmt.
Bob Benson, Executive Director
(213) 973-1802
Tustin
1988 to Present
Police, Misc.
Bill Huston, City Manager
(714) 544-8890
Vernon
1984 to present
Police
Bruce Malkenhorst, City Administrator
(213) 583-8811
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FILARSKY Be WATT
STEVE A. F'ILAASI<V
SMARON A. WATT
ATTORNEYS AT LAW
360a ELM AVENUl!:
MANHATl'AN BBACH. CALIFORNIA 9028e
(2131 S.S~7e25
LOS "'NGELES O"".CE
asse OVERLAND AVENUE
7'" I"L.OOR
LOS ANGELES, CA ~ooe4
f2131 .il02-0elll
PRACTICE OF THE FIRM:
Filarsky & Watt specializes in representing public sector
employers statewide in all matters pertaining to employer-
employee relations.
NEGOTIATIONS EXPERTISE:
Mr. Filarsky has served as a chief management-spokesperson in
collective bargaining negotiations with law enforcement, fire
protection, transit, teacher, and miscellaneous public employee
bargaining units. He has represented the following clients in
negotiations:
City of Baldwin Park
City of Buena Park
City of Colton
City of Fullerton
City of Hemet
City of Hermosa Beach
City of Montebello
City of Monterey Park
City of Palos Verdes Estates
City of Rialto
City of Stanton
City of Signal Hill
South Bay Public Regional Communications Authority
City of Tustin
City of Vernon
William S. Hart Union High School District
The agreements negotiated on behalf of these and other
employers, depending on the particular philosophy and
circumstances of a given agency, have run the gamut from brief
understandings limited to benefit items to comprehensive
labor-type agreements that define substantially all terms of
employment, and through management rights and "zipper" types of
clauses, provided protection to management's ability to manage
the agency.
In addition to conducting negotiations and impasse resolutions
for public employers, Mr. Filarsky continually works with cities
and counties and other public agencies that employ staff
personnel to do their own negotiations. This arrangement has
involved all aspects of consultation and related services,
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including writing initial bargaining proposals, providing
training and advice concerning negotiating strategies, and
giving general advice when particular problems arise.
LEGAL PROCEEDINGS:
Mr. Filarsky has represented public employers in administrative
hearings before City Councils, Civil Service Commissions,
Personnel Commissions, Arbitrators, Equal Employment Opportunity
Commission, Fair Employment Practices and Housing Commission,
Public Employment Relations Board, and the Unemployment
Insurance Appeals Board. He has represented public employers in
Superior Court and Court of Appeal proceedings. Examples of
such representations, in addition to many of the agencies listed
earlier, include:
City of Azusa
City of Bell
City of Bell Gardens
City of Brea
City of Burbank
City of Downey
City of Manhattan Beach
City of Ontario
City of Pismo Beach
City of San Jacinto
City of Torrance
Twin Cities Police Department
STRIKES:
Mr. Filarsky has developed and implemented strike planning
strategies and assisted in strike-related activities for both
private and pUblic sector strikes.
CODE/ORDINANCE DRAFTING:
Mr. Filarsky has prepared personnel ordinances, rules and
regulations, and employer-employee resolutions for several
municipal clients including:
City of Claremont
City of Cudahy
City of Fullerton
City of Garden Grove
City of Glendora
City of Hemet
City of Lynwood
City of San Clemente
City of Santa Paula
City of Signal Hill
City of Stanton
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TRAINING:
Mr. Filarsky has conducted workshops for employee discipline,
performance evaluation, grievance handling, and negotiations for
the League of California Cities, California Public Employer
Labor Relations Association and many individual clients,
. including:
City of Azusa
City of Baldwin Park
City of Burbank
City of Carlsbad
City of Claremont
City of Colton
City of Downey
City of Fullerton
City of Hanford
City of Hemet
City of Hermosa Beach
City of Laguna Beach
City of Manhattan Beach
City of Norwalk
City and County of San Francisco
City of San Juan Capistrano
City of Signal Hill
City of Stanton
City of Torrance
William S. Hart Union High School District
OPERATIONAL PHILOSOPHY:
* Mr. Filarsky works with and for the agency and
the designated staff and legislative body. His jOb is to
provide professional information and advice to assist the agency
in determining its policy goals and objectives, which then
become his goals and objectives.
* Mr. Filarsky believes in carefully organizing
for the meet and confer process, with goals and objectives kept
well in mind. The negotiating process, as he believes, consists
of definable stages, from preparatory activities to the
preliminary bargaining phases, the hard bargaining phases, and
finally to agreement, impasse procedure or work action. Each .
stage of the process requires an organized approach in order to
maximize the chances of attaining bargaining objectives.
* Mr. Filarsky's philosophy is not one of "Union
Busting," but rather one of using a professional approach that
seeks to achieve and maintain professional relationships,
notwithstanding the adversarial nature of the process.
* Mr. Filarsky calls to the attention of his
clients that in return for agreeing to competitive benefit
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adjustments, it is reasonable for them to seek to contractually
protect and maximize their management discretion to set
standards of service and retain the prerogative to direct,
assign and stimulate employees to meet them.
* Mr. Filarsky sees the conclusion of negotiations
,as the beginning for establishing a constructive
employer-employee organization-employee relations structure
which requires management training and ongoing involvement with
agency management on his part.
MR. FILARSKY'S BACKGROUND:
Steve Filarsky is a magna cum laude graduate of Loyola
University, Los Angeles, with a Bachelor of Arts in Political
SCience/public Administration. He received his Juris Doctor,
with honors, from Loyola University School of Law, Los Angeles.
Prior to becoming an attorney, Mr. Filarsky served as a manager
in municipal labor relations and personnel administration with
the Cities of Garden Grove and Manhattan Beach. Mr. Filarsky
worked as an attorney with the law firm of Paterson & Taggart
and was one of five attorneys who split off to form Liebert,
Cassidy and Frierson. In January, 1982, Mr. Filarsky started
his own practice specializing in public sector employer-employee
relations. In March, 1986, Mr. Filarsky and Sharon Watt formed
the partnership of Filarsky & Watt.
MS. WATT'S BACKGROUND:
Sharon Watt received Bachelors of Science and Masters of Science
degrees from the University of Southern California and a Juris
Doctor degree from Loyola University School of Law in Los
Angeles.
Ms. Watt has had extensive experience in the area of Personnel
and Education Law. She has been an Assistant Principal,
Principal and Assistant Superintendent for Personnel for school
districts in Southern California. She worked as an attorney
with the law firm of Paterson & Taggart and, with Mr. Filarsky,
was one of the founding attorneys of Liebert, Cassidy &
Frierson. Before forming Filarsky & Watt, she was associated
with the firm of Pettit and Martin. In that capacity she
trained over 1900 administrators in file building and evaluation
for successful discipline.
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3/9/89
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FILARSKY & WATT FOR CONSULTING
SERVICES RELATING TO LABOR RELATIONS MATTERS.
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 Filarsky & Watt for consulting services
relating to labor relations matters, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though 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 a
day of
meeting thereof, held on the
, 1989, by the following vote to
wit:
AYES:
Council Members
NAYS:
ABSENT:
city Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
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Resolution Authorizing the Execution of
Filarsky & Watt for Consulting Services
Relations Matters, Cont'd
Approved as to form
and legal content:
Agreement between
Relating to Labor
EVLYN WILCOX
City of San Bernardino
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2
AGREEMENT
3
(Negotiations Consultant)
THIS AGREEMENT is made and entered into this
day of
4
5 , 1989, by and between the CITY OF SAN BERNARDINO, a
6 municipal corporation, hereinafter referred to as "City", and
7 FILARSKY & WATT, ATTORNEYS AT LAW, hereinafter referred to as
.8 "Consultant".
9 1. Recitals.
A.
Consultant represents that it possesses all
11 professional qualifications necessary to render the services to
12 the City set forth herein, and City enters into this agreement in
13 reliance upon Consultant's express representations in regard
14 thereto.
15
B.
Ci ty desires to retain Consultant to perform certain
16 labor relations services.
17
2.
Scope of Services. Consultant shall provide the following
18 services in connection with negotiations with the General
19 Bargaining Units:
20
21
A. Serving as chief negotiator.
22 strategy sessions.
B. Representation at meet-and-confer planning and
23
C.
Analysis and costing of employee organization
24 proposals.
25
D. Drafting of City proposals and maintenance of complete
26 records on all negotiations with each bargaining unit, including
27 notes for each meet and confer session, proposals and
28
1
DCR:mw
March 9. 1989
10
11
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1
2 counterproposals submitted by each side, plus draft and final MOU
3
language.
Such records will be confidential and wi1l be
4 available only to the Consultant and to the City's Mayor, City
5 Administrator, Director of Personnel, or such other persons as
6 he/she may designate.
7
8
E. Representation at impasse proceedings.
F. Advice regarding the implementation of strike planning
9 strategies.
G. Advice concerning grievances.
H. Ensure the availability of a chief negotiator as a
12 contact source to respond to questions from the City Personnei
13 Department staff relating to status of negotiations, said
14 negotiator to be STEVE A. FILARSKY.
15
3.
Personnel.
Consultant represents that it has, or will
16 secure at its own expense, all personnel required to perform the'
17 services by Consultant called for under this agreement.
18 Consultant shall at all times be and remain an independent
19 contractor, and such personnel as may be employed by Consultant
20 shall not be employees or agents of City for any purpose.
21
4.
Professional to Provide Services. Work required hereunder
22 shall be personally performed by STEVE A. FILARSKY.
23
5.
Equal Opportunity Employer. Consultant represents that it
24 is an equal opportunity employer and that it does not and shall
25 not discriminate against any employee or applicant for
26 employment because of race, age, religious creed, color, sex,
27 sexual preference, national origin, ancestry, physical handicap
28
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2 or marital status.
3
6.
Time of Performance.
Services of Consultant are to
4 commence as soon as practicable after the execution of this
5 agreement, and shall continue until such time as memoranda of
6 understanding have been executed by the Mayor and Common Council
7
and the Bargaining Unit.
Consultant shall furnish work in the
8 time specified by City, and in strict conformity with the City's
9 specifications therefor.
10 7. Compensation. City shall pay to Consultant a total sum of
11 ONE-HUNDRED-TEN AND NO/100 DOLLARS ($110.00) per hour for
12 negotiator time for all services provided under this agreement
13
and for travel time in one direction only.
There shall be no
14 other compensation payable to Consultant hereunder, and
15 Consultant shall be solely responsible for paying the expenses
16 for all services rendered to the City pursuant to this agreement.
17 Payment or payments to Consultant shall be made at such time or
18 times and in such periodic amounts as determined by the City
19 Administrator.
20
8.
Assignability.
The experience, skill and expertise of
21 Consultant is of the essence of this agreement. Consultant shall
22 not assign (whether by assignment or novation) this agreement or
23 delegate the duties or any right or interest hereunder in whole
24
or in part without the prior written consent of City.
Any
25 assignment or attempt to assign this agreement without such prior
26 written consent or by operation of law shall be void and shall
27 constitute cause for termination.
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10
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2 9. Termination. City may terminate this agreement at any time
3 by giving written notice to Consultant of such termination and
4 specifying the effective date thereof at least thirty (30) days
5
before the effective date of such termination.
In such event,
6 all finished and unfinished documents and other materials shall,
7 at the option of City, become its property. If the agreement is
8 terminated by City, Consultant will be entitled to be paid all
9 compensation for work performed to the date of termination.
10. Amendments.
Should City require changes in the scope of
11 the services of Consul tant to be performed hereunder, such
12 changes shall be incorporated in this agreement only by written
13 amendments hereto.
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11. Notices.
All notices herein required shall be in writing
15 and delivered in person or sent by certified mail, postage
16 prepaid, addressed as follows:
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19
City
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
Filarsky & Watt
Attorpeys at Law
3609 Elm Avenue
Manhattan Beach, CA. 90266
Consultant
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12. Hold Harmless.
Consultant shall assume the defense of,
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22
indemnify and hold harmless the City from all claims, expenses,
damages, and liability of every nature, directly or indirectly
arising from, or alleged to have arisen from any operation, act
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24
25
or omission of the Consultant or employees.
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27
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13. Workers' Compensation.
Consultant's employees shall be
covered by workers' compensation insurance in an amount and form
to meet all applicable requirements of the Labor Code of the
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March 9, 1989
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. 16
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2 State of California and which specifically covers all persons
3 providing services on behalf of contractor and all risks to such
4 persons under this agreement.
5
14. Entire Agreement.
This Agreement and any documents or
6 instruments attached hereto or referred to herein constitute the
7 entire agreement of the parties, integrate all material terms and
8 conditions and supersede all negotiations and prior writings in
9 respect to the subject matter hereof. In the event of conflict
10 between the terms, conditions or provisions of this Agreement,
11 and any such document or instrument, the terms and conditions of
12 this Agreement shall prevail.
13 IN WITNESS WHEREOF, the parties hereto have executed this
14 agreement on the day and year first above written.
CITY OF SAN BERNARDINO
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By:
EVLYN WILCOX, Mayor
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FILARSKY & WATT
By:
Partner
Approved as to form
23 and legal content:
24 JAMES F. PENMAN
City Attorney
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March 9, 1989