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HomeMy WebLinkAbout2012-014 RESOLUTION NO. 2012- a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO APPROVING A PROFESSIONAL SERVICES AGREEMENT 3 BY AND BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES, INC., TO COMPLETE THE CITY'S SUST AINABILITY 4 MASTER PLAN. 5 6 7 American Recovery and Reinvestment Act (ARRA) of2009; and 8 9 10 11 12 13 14 WHEREAS, on February 17, 2009, President Barack Obama signed into law the WHEREAS, one of the programs receiving funding from ARRA is the Energy Efficiency & Conservation Block Grant (EECBG) Program to fund projects that reduce energy use and fossil fuel emissions and improve energy efficiency; and WHEREAS, the EECBG Program received $3.2 billion in nationwide funding, and of that, the City of San Bernardino received a direct allocation of $1,954,000; and WHEREAS, the City of San Bernardino utilized $250,000 of the allocated funds to 15 hire AECOM Technical Services, Inc., to create the Energy Efficiency & Conservation 16 17 18 19 Strategy and Sustainability Master Plan, and of the funding allocated, $43,124 remains to complete the Sustainability Master Plan; and WHEREAS, the City of San Bernardino entered into the Professional Services 20 Agreement with AECOM from November 2,2009, through November 1,2011; and 21 22 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 25 WHEREAS, the City of San Bernardino desires to continue the terms of this Agreement until November 1,2012, to complete the Sustainability Master Plan. SECTION 1. The City Manager of the City of City San Bernardino is hereby 26 authorized and directed to execute on behalf of the City, a Professional Services Agreement 27 28 by and between the City of San Bernardino and AECOM Technical Services, Inc. A copy of .."~.""""~-",...;~_.""._.",,,,I..-""'''", 2012- 14 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND AECOM 2 TECHNICAL SERVICES, INC., TO COMPLETE THE CITY'S SUSTAINABILITY 3 MASTER PLAN. 4 5 6 7 8 9 10 11 12 III 13 III 14 III 15 III 16 17 18 III 19 III 20 III 21 III 22 III 23 24 25 III 26 III 27 III 28 the Professional Services Agreement is attached as Exhibi~ "A" and incorporated herein by reference. SECTION 2. The authorization to execute the above referenced Agreement is rescinded if it is not executed by both parties within ninety (90) days of the passage of this Resolution. III III III 2012-14 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND AECOM 2 TECHNICAL SERVICES, INC., TO COMPLETE THE CITY'S SUST AINABILITY 3 MASTER PLAN. 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 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint regular meeting thereof, held on the 23rdday of January , 2012, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x - JENKINS x BRINKER x SHORETT x KELLEY x JOHNSON x - MCCAMMACK x a~ b. ~ Rachel G. Clark, CMC, City Clerk The foregoing resolution is hereby approved this ~~ ~ day of January ,2012. ~ City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney 2012-14 PROFESSIONAL SERVICES AGREEMENT This Agreement, is entered into this 23 day of January, 2012, by and between AECOM Technical Services, Inc. ("CONSULT ANT") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: stipulated, San Bernardino hereby engages the CONSULT ANT to provide those services as set for in Exhibit "C", which is attached hereto and incorporated herein by this reference. Compensation and Expenses. a. For the services of completing a Sustainability Master Plan, the CITY shall pay. the CONSULTANT an amount not to exceed $43,124. b. In no case shall the total cost of the services delineated above exceed $43,124. No other expenditures made by CONSULTANT shall be reimbursed by CITY. III III III 2012-14 PROFESSIONAL SERVICES AGREEMENT 3. Terms. 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 Insurance. While not restricting nor limiting the foregoing, during the term of this Agreement, CONSULT ANT shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the 2012-14 PROFESSIONAL SERVICES AGREEMENT 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 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 30 days' notice prior to any change or termination of policy. 6. Non-Discrimination. In the performance of this Agreement and in the hiring and recruitment of employees, CONSULT ANT 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 conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. Independent Contractor. CONSULT ANT shall perform work tasks provided by this Agreement, but for all intents and purposes, CONSULTANT shall be an independent contractor and not an agent or employee of the CITY. CONSULTANT shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. Business Ree:istration Certification and Other Requirements. CONSULT ANT warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONSULT ANT to practice its business or profession. 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 2012-14 PROFESSIONAL SERVICES AGREEMENT 9. Notices. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: City Manager's Office 300 North "D" Street, 6th Floor San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE CONSULT ANT: Claire Bonham-Carter AECOM 515 South Flower Street, 9th Floor Los Angeles, CA 90071 10. Attornev's 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. 27 28 III 2012-14 PROFESSIONAL SERVICES AGREEMENT 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 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, Eastern Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. Governing Law. This Agreement shall be governed by the laws of the State of California. 14. Successors and Assie:ns. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. Headine:s. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provIsIons. 16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. Remedies: Waiver. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without _.__.~ 2012-14 PROFESSIONAL SERVICES AGREEMENT (with AECOM ,T@~l;mieif;!,l Services, Inc.) wavier of any other remedies. The failure of either party to act in the event of a breach of this 1 2 Agreement by the other shall not be deemed a waiver of such breach or a waiver of future 3 breaches, unless such waiver shall be in writing and signed by the party against whom 4 enforcement is sought. 5 6 7 18. Entire Agreement: Modification. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject 8 9 10 11 12 13 14 15 16 manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth b1elow. Dated: :2-/ _3 , 2012 I ~: ~~e:~"" 19 Title: //ice r~~J- 20 21 22 23 24 25 26 27 28 Dated J/~s , ,2012 -.It s~o Form:..,? 'r~ Jame . Penman, City Attorney ~ '-I.F~~ ~..,t'~ ~~.~~ j/;~/h~~ ~~~ ~. jJ :J.t. 1(2-'1/0_ -It." u.; ~/,w.:d4Ea;)J'n T~5'~o'r)u.~.