Loading...
HomeMy WebLinkAbout2007-484 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 RESOLUTION NO. 2007-484 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT SERVICES AGREEMENT WITH RAPHAEL RAWLS FOR OPERATION PHOENIX COMMUNITY LIAISON SERVICES BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Consultant Services Agreement between Raphael Rawls and the City of San Bernardino, which is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to extend the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III III 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT SERVICES AGREEMENT WITH RAPHAEL RAWLS FOR OPERATION PHOENIX COMMUNITY LIAISON SERVICES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regu1armeeting thereof, held on the ~b1ay of December , 2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x - BAXTER x BRINKER ---X-- DERRY ~ KELLEY x JOHNSON x - MCCAMMACK -X...- 15 16 17 18 19 20 21 22 23 : 72:~ 27 2007. cz~ !;;.Q~ City Clerk The foregoing resolution is hereby approved this l r~ day of December , atri J. Morris, Mayor 1 . of San Bernardino Approved as to form: City Attorney 2007-484 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 CONSULTANT SERVICE AGREEMENT This Consultant Service Agreement is entered into this 17th day of December 2007, by and between Raphael Rawls ("CONSULTANT") and the City of San Bernardino ("CITY") WITNESSETH: WHEREAS, the Mayor and Common Council have initiated an expansion of the Operation Phoenix program to include two (2) additional focus areas, for a total of three (3) areas throughout the City; and WHEREAS, it is in the best interest of the CITY to acquire the services of a Consultant to assist with community relations activities related to Operation Phoenix. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of CONSULTANT to provide those services as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of invoices, shall pay the CONSULTANT the amount of $5,200 per month. No other expenditures made by CONSULTANT shall be reimbursed by CITY. 3. TERM; SEVERABILITY. The term of this Agreement shall be for the period beginning on January 1. 2008 and terminating on June 30, 2008. This Agreement may be terminated at any time by thirty- (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended in writing. The duration of this Agreement may be extended by the written consent of the City Manager, subject to funds for this Agreement being appropriated by the Mayor and Common Council. III Page 1 of 5 2007-484 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 4. INDEMNITY. CITY agrees to indemnifY and hold harmless CONSULTANT. its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. CONSULTANT agrees to indemnifY and hold harmless the CITY, its officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting fro CONSULTANT's negligent acts or omissions arising from the CONSULTANT's performance 0 his obligations under the Agreement. In the event the CITY and/or the CONSULTANT is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or CONSULTANT shall indemnifY the other to the extent of its comparative fault. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, CONSULTANT shall maintain in effect policies of general liability and automobile liability insurance, in the amount of $1 million combined single limit, and statutory worker's compensation coverage if applicable, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or Page 2 of 5 2007-484 1 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 2 12940 of the California Government Code. 3 7. INDEPENDENT CONTRACTOR. 4 CONSULTANT shall perform work tasks provided by this Agreement, but for all intents 5 and purposes CONSULTANT shall be an independent contractor and not an agent or employee 6 of the CITY. CONSULTANT shall secure, at his expense, and be responsible for any and all 7 payment ofIncome Tax, Social Security, State Disability Insurance Compensation, 8 Unemployment Compensation, and other payroll deductions for CONSULTANT and his 9 officers, agents, and employees, and a City business license and any other necessary permits, if 10 any are required, in connection with the services to be performed hereunder. 11 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 12 CONSULTANT warrants that he possesses or shall obtain, and maintain a business 13 registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, 14 permits, qualifications, insurance and approval of whatever nature that are legally required of 15 CONSULTANT to practice his business or profession. 16 9. NOTICES. 17 Any notice to be given pursuant to this Agreement shall be deposited with the United 18 States Postal Service, postage prepaid and addressed as follows: 19 20 TO THE CITY: 21 22 23 24 25 TO THE CONSULTANT: 26 27 III Director of Operation Phoenix 201B North "E" Street San Bernardino, CA 92418 Telephone: (909) 384-5205 Facsimile (909) 384-5247 Raphael Rawls 1532 W. 16th St. San Bernardino, CA 92405 Telephone: (909) 659-1033 Page 3 of 5 2007-484 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 III III 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws ofthe State of California. 14. SUCCESSORS AND ASSIGNS. Page 4 of 5 2007-484 1 This Agreement shall be binding on and inure to the benefit of the parties to this 2 Agreement and their respective heirs, representatives, successors, and assigns. 3 15. 4 HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of 5 convenience only and shall not affect the construction or the interpretation of any of its 6 provIsIOns. 7 16. ENTIRE AGREEMENT; MODIFICATION. 8 This Agreement constitutes the entire agreement and the understanding between the 9 parties, and supercedes any prior agreements and understandings relating to the subject manner 10 of this Agreement. This Agreement may be modified or amended only by a written instrument 11 executed by all parties to this Agreement. 12 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date 13 set forth below. 14 15 Dated: .::J;r"v. /7 ,200} 16 17 18 Dated k /9 ,2007 19 20 21 Approved as to Form: 22 23 JAMES F. PENMAN, 24 City Attorney 25 26 B~~ 27 CONSULTANT BY:~~~~ Rawls 4~",~L.. Jt,e CTva.ARDINO By: r Ilson, City Manager Attest: RACHEL CLARK, City Clerk By:~/J.~ Page 5 of 5 2007-484 Exhibit A: Scope of Services - Community Outreach Liaison As Community Outreach Liaison, Consultant shall provide the following services to the City in the Operation Phoenix target areas. Services shall be provided under the direction of the Director of Operation Phoenix or his/her designee: · Organizes and administers community meetings and other events · Facilitates and assists in coordination of various programs in the target areas · Coordinate activities of citizen volunteer workers; enlists the support of community organizations for community projects · Act as Liaison among partner agencies of Operation Phoenix, neighborhood associations, and other community groups · Builds positive working relationships with schools, faith-based community organizations, and non-profit community organizations · Educates community stakeholders concerning the efforts of Operation Phoenix; speaks at community organizations · Works closely with City, County, Federal and State agencies to assist in the ,mitigation of neighborhood concerns · Perform other related duties as may be assigned by the Director of Operation Phoenix The Consultant shall provide a minimum of 45 hours per week of services to the City pursuant to this Agreement. Consultant shall provide a monthly report to the Director of Operation Phoenix or his/her designee summarizing the services provided pursuant to this Agreement.