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HomeMy WebLinkAbout1987-172 1 RESOLUTION NO. 87-172 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NATIONAL ENERGY MANAGEMENT 3 INSTITUTE RELATING TO PROVIDING GEOTHERMAL FEASIBILITY AND DESIGN SURVEY OF THE CITY'S CENTRAL GARAGE FACILITY AND DOMESTIC HOT 4 WATER SYSTEM AT CITY HALL. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Chairman of the City of San Berna c1511() 8 Energy Conservation Commi.ttee is hereby authorized and dirEctEcl 9 to execute, on behalf of said City, an agreement with National 10 Energy Management Institute relating to providing Geothermal 11 Feasibility and Design Survey of the City's Central Garage 12 Facility and Domestic Hot Water System at City Hall, which 13 agreement is attached hereto, marked Exhibit "A" and incorporated 14 herein by reference as fully as though set forth at length. 15 Section 2. The agreement shall not take effect until 16 fully signed and executed by both parties. The City shall not be 17 obligated hereunder unless and until the agreement is fully 18 executed and no oral agreement relating thereto shall be implied 19 or authorized 20 I HEREBY CERTIFY that the foregoing resolution was duly 21 adopted by the Mayor and Common Council of the City of San 22 Bernardino at a meeting thereof, held on reQ"111i1r 23 the day of , 1987, by the 1st ,Jllnp. 24 followj.ng vote, to wit: 25 26 27 28 5/21/87 1 1 2 3 4 5 6 7 8 The foregoing resolution is hereby approved this ..z)1 C:/ day AYES: COllnr. i 1 MAmhAr~ Estrc:ldn RR i 11 y, Flo.r.e.s_,. M.a.udJ3~.e.:y..., Minnr Pnpp-T.llo1arn Mil~er NAYS: Nnnp ABSENT: Nnnp ~~~.~ ./ City Clerk 9 of .11lnp , 1987. / ./ -- ! /-, /.! \:-. ~:::~.. /7 ~.#'. .)//. / _ /' / / ..... 11" / / J/ . </ ,.. ..<.../~ I, ;:? fi.A..V:;t ~"./ f /. ,-'G "--f~? M~yor of . e City of San Bernardino 10 11 12 Approved as to form: ,,". ......".,;$v<:~/ //?,I 1-&1 All ,/<:,,,,,":~,,/'./,lt,../,r~lfJ; v ,'.'w 15 Ci ty Attorney 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 5/21/87 2 1 2 3 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGRE~MENT is made and entered into this i i 9~/L day of !lt~~ , 1987, by and between the CITY OF 4 .,"..t.".,,,..........' SAN BERNARDI~9' a municipal corporation, hereinafter called 5 "City", and NATIONAL ENERGY MANAGEMENT INSTITUTE, hereinafter 6 7 8 9 called "Provider". WITNESSETH WHEREAS, City desires to provide for a geothermal feasibility and design survey of the City's Central Garage 10 facility and Domestic Hot Water System at City Hall; 11 12 WHEREAS, in order to obtain such survey it is necessary to retain the professional services of a qualified provider of said 13 14 15 professional services; and WHEREAS, Provider is qualified to provide said professional services for the proper conduct of such survey; and 16 17 WHEREAS, the Mayor and Common Council of the City of San Bernardino have elected to engage the services of Provider upon 18 the terms and conditions as hereinafter set forth. 19 20 21 22 NOW, THEREFORE, it is mutually agreed as follows: 1. GENERAL Provider shall perform those services specified in "Scope of Services", a copy of which is attached hereto as Exhibit Band 23 incorporated herein by reference and made a part hereof as though 24 fully set forth at this point. 25 26 Performance of the work specified in said proposal is made an obligation of Provider under this Agreement; subject to any 27 changes made subsequently with the mutual agreement of the 28 5/21/87 1 1 arties hereto. No such changes shall become binding or 2 compensable by City unless and until approved by the Chairman of 3 the City of San Bernardino Energy Conservation Committee, 4 hereinafter "Chairman", or a designated representative, in 5 riting. 6 2. COMPENSATION 7 Compensation to Provider for the total services to be 8 rendered pursuant to this Agreement shall be Three Thousand 9 ollars ($3,000.00). 10 3. EXTRA SERVICES 11 No extra services shall be compensated by City under this 12 greement unless and until such extra services have been 13 authorized, in writing, by Chairman, or his designee. Authorized 14 extra services shall be invoiced in an amount based on Provider's 15 cost of changes and as approved by Chairman. 16 4. PAYMENT BY CITY 17 The billing for all services rendered pursuant to this 18 Agreement shall be submitted by Provider to City and shall be 19 paid by City within thirty (30) days after acceptance of the 20 survey report by the Chairman. 21 5. RIGHT OF INSPECTION 22 The Chairman, or his designee, shall have the right of 23 general review of all work performed by Provider and shall be 24 City's agent with respect to obtaining provider's compliance 25 hereunder. No payment for any services rendered under this 26 agreement shall be made without prior written approval of the 27 Chairman, or his designee. The Chairman specifically is not 28 5/21/87 2 1 hereby authorized to supervise in any manner the operation of 2 Provider. 3 6. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS 4 Provider hereby certifies that it will not discriminate 5 against any employee or applicant for employment because of race, 6 color, religion, sex, marital status or national origin. 7 Provider agrees to take affirmative action to ensure that 8 applicants are employed and employees are treated during 9 employment without regard to their race, color, religion, sex, 10 marital status or national origin. Such action shall include, 11 but not be limited to the following: employment, upgrading; 12 demotion or transfer; recruitment or recruitment advertisingj and 13 designated representatives. In addition, Provider shall not 14 exclude from participation in, deny the benefits of or subject to 15 discrimination under this Agreement any employee or applicant for 16 employment on the basis of age under the Age Discrimination A Act 17 of 1975 or with respect to an otherwise qualified handicapped 18 individual as provided in Section 504 of the Rehabilitation Act 19 of 1973 or religion except that any exemption from such 20 prohibition against discrimination on the basis of religion as 21 provided in the Civil Rights Act of 1964 or Title VIII of April 22 11, 1968, as amended, shall also apply. 23 7. TERMINATION OF AGREEMENT 24 City shall have the right to terminate this Agreement for 25 cause, upon ten days' written notice of such termination to 26 Provider, setting forth the grounds for such termination. 27 Grounds shall include but shall not be limited to breach of any 28 3 5/21/87 1 of the conditions contained in the agreement or within the scope 2 of services, or impossibility of performance. In the event of 3 such termination, the Chairman, or his designee, shall determine 4 the amount of fees to be paid to Provider for uncompensated 5 services performed by Provider prior to the date of termination. 6 Such findings by the Chairman, or his designee, as approved by 7 the Mayor and Common Council of the City of San Bernardino shall 8 be final and conclusive as to the amount of such fee for 9 uncompensated services. Provider shall not receive any other 10 payment. 11 8. INDEPENDENT CONTRACTOR 12 Provider shall act as an independent contractor in the 13 performance of the services provided for in this Agreement. 14 They shall furnish such services in Provider's own manner and 15 method and shall not be considered an agent or employee of City. 16 9. NON-ASSIGNMENT 17 This Agreement is not assignable either in whole or in part 18 by Provider without the written consent of City. Any other 19 purported assignments of this agreement are hereby rendered void 20 and of no effect. 21 10. INDEMNIFICATION 22 Provider hereby agrees to and shall hold City, its elective 23 and appointive boards, officers, agents and employees harmless 24 from any liability for damage or claims for damage for personal 25 injury including death as well as from claims for property 26 damage which may arise from Provider's acts, errors or omissions 27 under this Agreement. 28 Provider agrees to and shall defend City 5/21/87 4 1 and its elective and appointive boards, officers, agents and 2 employees from any suits or actions at law or in equity for 3 damages caused by reason of any of the aforesaid acts, errors or 4 omissions. Insurance shall be in accordance with Item H under 5 "Services by Provider" in Exhibit B Scope of Services, attached 6 hereto. Provider, at Provider's sole cost and expense shall 7 provide and maintain Workers' Compensation Insurance coverage 8 with the statutory limits of liability as set forth by the laws 9 of the State of California. The policy shall be endorsed to 10 waive the rights of subrogation against the City. 11 11. This Agreement contains all agreements of the parties 12 with respect to any matter mentioned herein. No prior agreement 13 or understanding pertaining to any such matters shall be 14 effective. This Agreement shall be modified in writing only, 15 signed by the parties in interest at the time of the 16 modification. 17 12. NOTICES. 18 Official notices relative to the services provided under 19 this Agreement shall be in writing addressed to the following: 20 21 22 23 Provider City National Energy Management Inst. 5777 Madison Ave., Ste 580 Sacramento, CA 95841 Energy Conservation Committee 300 North D Street San Bernardino, CA 92418 Attn: Wayne Overstreet, Chairma IN WITNESS WHEREOF, the parties hereto have caused this 24 Agreement to be executed on the date first above written by their 25 respective officers duly authorized in that behalf. 26 27 28 5/21/87 5 ~ 1 Dated: ~g7 2 3 4 5 6 ch;f1 7 Dated: 8 I / 9 NATION~ ENE MANA~~INSTITUTE 10 By . C 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 5/:21/87 6.