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Home My WebLink About26-City Clerk '~Ift OF SAN BERNARD~O - REQU~T FOR COUNCIL AC....ON From: Shauna Clark, City Clerk Subject: Agreement wi th International Technology Corporation to pro- vide solid waste assessment testing - Correction of clerical error Dept: Ci ty Clerk Date: December l4, 1987 Synopsis of Previous Council action: ll/l6/87 - Mayor and Council adopted agreement with ITC for solid waste assessment testing Recommended motion: That further reading of the resolution be waived and said resolution adopted. . / ;/'.;;;~;;/ //) ''',. ~ . Signature Contact person: Supporting data attached: Staff report, agreement FUNDING REOUIREMENTS: Amount: Shauna Clark Phone: 5109 resolution, Ward: $40,000 Source: l27 4ll 53150 (prev~ously authorized by Mayor ana counc~L) Finance: Council Notes: 75_0?62 AaFmn;:l Itpm Nn 0l(P CICi OF SAN BERNARDOo - REQUOT FOR COUNCIL AC~ON STAFF REPORT On November l6, 1987, the Mayor and Council adopted Resolution No. 87 4l0. Resolution 87 410 was attached to an agreement for pro- fessional services with International Technology Corporation (ITC) to provide a solid waste assessment test at the Waterman landfill. This agreement had been continued from a previous meeting and un- fortunately, was attached to the wrong resolution when it was brought back before the Mayor and Council on November l6, 1987. The attached resolution will correct this clerical error by re- pealing the incorrect resolution and re-adopting the agreement with the proper resolution. Nothing in the agreement itself has changed. Both the new resolution and the old agreement are attached for your information. 75-0264 c - ......., ........, ) '0-' 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INTERNATIONAL TECHNOLOGY 3 CORPORATION TO PROVIDE A SOLID WASTE ASSESSMENT TEST (SWAT), AND REPEALING RESOLUTION NO. 87-4l0. 4 5 6 7 8 9 10 11 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 International Technology Corporation to provide a Solid Waste Assessment Test (SWAT), a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length, and repealing Resolution 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. 87-410. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on day of , 1987, by the following the vote, to wit: Counc il Membe r s AYES: NAYS: ABSENT: City Clerk lO/l9/87 1 I",.~ ....".... '"...,I 1 The foregoing resolution is hereby approved this _~_,_, day , 1987. 2 of 3 4 5 Approved as to form and legal content: 6 I 7 "l.h...... / ;>./,..p..4" City Attorney 8 9 10 11 12 13 14 ,;\ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 lO1l9/87 Mayor of the City of San Bernardino 2 - - c ,"., ., - ,- AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this ____ day of , 1987, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter called "City", and IT CORPORATION, a California Corporation, hereinafter called "ITC". WITNESSETH WHEREAS, the City desires to have solid waste assessment tests performed in the area commonly known as the Waterman Landfill, and WHEREAS, in order to obtain such tests, it is necessary to retain the professional services of a qualified assessor and consulting firm, and WHEREAS, ITC covenants that it is qualified to provide said professional seryices for the conduct of such tests, and WHEREAS, San Bernardino City Council has elected to engage the services of ITC upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: l. GENERAL. ITC shall perform those services specified in "Proposal and Work Plan Solid Waste Assessment Test Waterman Landfill, San Bernardino, California", a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference and made a part hereof as though it were fully set forth herein. Performance of the work specified in said Proposal is made an obligation of ITC under this Agreement, subject to any changes made subsequently upon the mutual written agreement of the parties hereto. 1 C' /...'" "-' '-' 2. TERM. This Agreement shall haye a term of l80 days commencing on the effective date hereof. Such term may be extended by mutual written contract of the parties. 3. COMPENSATION Compensation to ITC for the total services to be rendered pursuant to this Agreement shall not exceed Forty thousand and no/lOO Dollars ($40,000.00) divided between tasks as follows: I Drilling and Monitoring Well Installation $20,000.00 II Monitoring Well Deyelopment & Sampling 6,000.00 III Laboratory Analysis 8,000.00 IV Data Analysis & Report Preparation 6,000.00 $40,000.00 These amounts shall be paid upon completion of each task specified in Exhibit "B". 4. EXTRA SERVICES No extra services shall be rendered by ITC under this Agreement unless such extra services shall be authorized, in writing, by City. Authorized extra services shall be invoiced on the terms as agreed at the time of any agreement to perform extra services. 5. PAYMENT BY CITY The billings for all services rendered pursuant to this Agreement shall be submitted by ITC to City and shall be paid by City within twenty (20) days after receipt of same. 6. SUPERVISION OF SERVICES The Director of Public Services, or his designee, shall be City's agent with respect to obtaining lTC's compliance 2 ~ ~/ ~~ hereunder. No payment for any services rendered under this agreement shall be made without prior approval of the Director of Public Services or his designee. 7. ASSURANCE OF COMPLIANCE WITH CIV.IL RIGHTS LAWS ITC hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, and designated representatives. In addition, Engineer shall not exclude from participation in, deny the benefits of or sUbject to discrimination under this Agreement any employee or applicant for employment on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 or religion except that any exemption from such prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 1964 or Title VIII of April ll, 1968, as amended, shall also apply. 8. TERMINATION OF AGREEMENT City shall have the right to terminate this Agreement upon giYing a lO-day written notice of such termination to ITC. In the event of such termination, the Director of Public Services or his designee, based upon work accomplished by ITC prior to notice of such termination, shall determine the amount of fees to be paid to ITC for such services. A finding by the Director of Public Services or his designee which is approved by the San 3 c ......, '" ",,' Bernardino City Council shall be final as to the amount of such fee. ITC hereby covenants and agrees that upon termination of this agreement for any reason, ITC will preserve and make immediately available to City, or its designated representative, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue in a reasonably prompt manner. Any subsequent use of such incomplete documents shall be at the sole risk of the City and the City agrees to hold harmless and indemnify ITC from any claims, losses, costs, including attorney's fees, and liability arising out of such use. 9. INDEPENDENT CONTRACTOR ITC shall act as an independent contractor in the performance of the seryices provided for in this Agreement and shall furnish such services in lTC's own manner and method and in no respect to be considered an agent or employee of City. lO. NON-ASSIGIDIENT This Agreement is not assignable either in whole or in part by ITC without the written consent of City. ll. HOLD HARMLESS ITC hereby agrees to and shall hold City, its elective and appointive boards, officers, agents 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 lTC's negligent acts, errors or omissions under this Agreement. ITC agrees to and shall defend City and its 4 -- . I"",; - ,j elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused by reason of any of the aforesaid negligent acts, errors or omissions. l2. NOTICES Official notices relative to the services provided under this Agreement shall be in writing addressed to the following: IT Corporation City IT Corporation l746l Derian Avenue, Ste. 190 Iryine, CA 92714 Mr. Manuel Moreno Director of Public Services 300 No. "D" Street San Bernardino, CA 92418 l3. AMENDMENT. This agreement may be amended only upon the express prior written consent of both parties to any such .amendment. l4. SUBCONTRACTORS. ITC shall be responsible for the work of any of its subcontractors under this agreement as if such subcontractors were agents or employees of ITC. l5. INSURANCE. ITC shall maintain and shall require that any of its subcontractors hereunder shall maintain worker's compensation insurance in such types and amounts as are required by the Workers Compensation laws of the State of California. ITC shall present evidence of such insurance to the Director of Public Seryices before commencing any work under the agreement. l6. ENTIRE AGREEMENT This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersede 5 - '- - - - - . c..,: ~.~ '-' '-' '" all negotiations and prior writing in respect to the subject matter hereof. In the eyent of conflict between the terms, conditions or provisions of this Agreement, and any such document or instrument, the terms and conditions of this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respectiye officer duly authorized in that behalf. CITY OF SAN BERNARDINO ATTEST: By Mayor City Clerk IT CORPORATION By Title Approved as to form and legal content: '\ , . 1 4~ ? /I&,~ / / .. City Attorney c/ 6