The URL can be used to link to this page

Home My WebLink About13065 , ~ . It ! r ' (-' ,nt', l (y) '",'! () !eI " j:3 RESOLUTION NO. /.f 0 ~f A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND ROLLING START, INC., RELATING TO THE CONDUCTING OF A SURVEY OF PROGRAMS AND SERVICE NEEDS OF INDIVIDUALS WITH DISABILITIES. 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 authorized and directed to execute on behalf of said City an agreement with Rolling Start, Inc., for the purpose of conducting a survey of program and service needs of individuals with disabilities. A copy of said agreement is attached hereto, \ marked Exhibit "A" and referred to and made a part hereof 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 A- r{~;) meeting thereof, held by the following vote, to wit: the City of San Bernardino at ~'/Jtu.~~ on the /...:!."rI! day of .iZJg I~..JA>> ,1977 , AYES: Councilmen ~ A'$~/~:; ~;~ /t;:;'~A'-:" x?/h/7/ ~~~~Ld/ ~-/~ ~./N'4 ,/..~__/ /~/ NAYS: ABSENT : The foregoing of d'J?.K/.rM resolution is ~#,'d, ~ City Cl hereby approved this ~~~ day , 1977. /" Cl -..,".",' ! '1 ~ , ,..."".,', . rnardino o .' ' ." o DRAFT o AGREEMENT (SURVEY-OF DiSABLED-NEEDS) ,U AGREEMENT is made and entered into this ,;;//} -nt day of A'I ) , 1977, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "City", and ROLLING START, a non profit corporation, hereinafter called "Consultant". WIT N E SSE T H: WHEREAS, City is developing a multi-service center for individuals with disabilities; and WHEREAS, there is a need to identify specific program and service requirements of various groups of individuals with disabilities; and WHEREAS, Consultant is experienced regarding the needs of individuals with disabilities; NOW, THEREFORE, it is agreed as follows: 1. PHASE I - Consultant shall: (a) Confer with the City management in order to establish the project schedule, and shall coordinate necessary activities in order to accom- plish the survey provided for herein. (b) Confer with local agencies providing assistance to the disabled regarding conduct of the project. 2. PHASE II - Consultant shall: (a) Survey through the use of a specific survey instrument and personal contact a random sample of all individuals with disabilities living in San Bernardino Census Tracts 41 through 65, Tracts 72 through 74 and Tract 101. Persons surveyed will be individuals with disabilities as defined in the United States Government Rehabilitation Act of 1973. (b) Recommend to City specific program and service needs of individuals with disabilities. (c) Prepare and deliver to City ten (10) copies of a written report including adequate, appropriate, and necessary data or geographic repre- sentations. (d) Consultant warrants and represents that it will complete all Phase II work within 120 days from the date of execution of this agreement. 3. COMPENSATION FOR CONSULTANT'S SERVICES: (a) Consultant and City agree that the total compensation for all Phase I and Phase II work shall not exceed the sum of $6,000.00. . . . o o (b) Payment by City shall be based on the following schedule: $1,500.00 within ten days of execution of this agreement. $1,500.00 upon completion of the random sample survey. $3,000.00 upon completion and presentation of the final report specified in paragraph 2 (c) above. 4. CITY RESPONSIBILITIES: (a) City shall designate to the consultants, in writing, the representative(s) (member of the City of San Bernardino Management) authorized to act for it pursuant to this agreement. (b) City shall assist the Consultant in arranging necessary meetings for the conduct of services proposed herein. 5. CONSULTANT'S PROFESSIONAL STATUS: Consultant accepts the relationship of trust and confidence to be established between it and City. Consultant covenants with City that it will exercise its best professional skill and judgment in furthering the interest of City. Consultant shall be at all times herein an independent contractor and not an employee or agent of City. 6. ASSIGNABILITY: The experience, skill and expertise of Consultant is of the essence of this agreement. Consultant shall not assign (whether by assignment or novation) this agreement or delegate its duties here- under in whole or in part or any right or interest hereunder 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 constitute cause for termination. 7. INTEREST OF CONSULTANT: Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this agreement. Consultant further covenants that in the performance of this agreement no person having any such interest shall be employed. 8. FINDINGS CONFIDENTIAL: Any reports, information, data, etc., given to or prepared or assembled by Consultant under this agreement which City requests to be kept as confidential shall not be made available to any individual or organization by Consultant without the prior written approval of City. 9. PUBLICATION, REPRODUCTION AND USE OF MATERIAl: No material produced in whole or in part under this agreement shall be subject to copyright - 2 - o o in the United States or in any other country. The final report furnished by Consultant to City shall become the sole property of City and City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. 10. TERMINATION OF AGREEMENT FOR CAUSE: If for any cause Consultant shall fail to fulfill in a timely and proper manner its obligations under this agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this agreement, City shall thereupon have the right to terminate this agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event all finished and unfinished documents, data, studies, surveys, drawings and reports or other material pre- pared by Consultant under this agreement shall, at the option of City, become its property and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, Consultant shall not be relieved of liability to City for damage sustained by City by virtue of any breach of this agreement by Consultant, and City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. This agreement may not be terminated if the failure to perform arises from unforeseeable cause beyond the control and without the fault or negligence of Consultant. 11. TERMINATION FOR CONVENIENCE OF CITY: City may terminate this agreement at any time by giving written notice to Consultant of such termina- tion and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. In such event, all finished and un- finished documents and other materials as described in paragraph 10 above shall, at the option of City, become its property. If the agreement is terminated by City as provided herein, Consultant will be entitled to be paid all compensation for work performed to the date of termination, including all reimburseable expenses and related costs. If termination is due to the fault of persons other - 3 - ", .', o o than Consultant, Consultant will be entitled to be paid all compensation for work performed to the date of termination, including all reimburseable expenses and related costs. Should this agreement be terminated due to fault of Con- sultant, paragraph 10 hereof relative to termination shall be applicable. 12. CHANGES: Should City require changes in the scope of the services of Consultant to be performed hereunder, such changes including any corresponding increase or decrease in the amount of Consultant's compensation which shall be mutually agreed upon by and between City and Consultant, shall be incorporated in this agreement only by written amendments hereto. 13. CONSULTANT TO HOLD HARMLESS: Consultant hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, 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 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. TIME OF ESSENCE: Time is of the essence with respect to Consu1- . tant's performance under this agreement. 15. NOTICES: All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 Rolling Start, Inc. 2979 North "I" Street San Bernardino, CA 92405 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first hereinabove written. ATTEST: C3;:';':-$)'~ City Clerk " Appro~J t,")fff~ 0 , F(~l/o//~ ROLLING START, INC. By 1~~ ,~~ !"l", _ Q~_Of