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Home My WebLink About2014-075 1 RESOLUTION NO. 2014-75 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF 4 AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 5 BILL MATHIS TO FACILITATE THE CHARTER REFORM COMMITTEE. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. The City Manager is hereby authorized to execute an Agreement between 10 the City of San Bernardino and Bill Mathis to facilitate the Charter Reform Committee, 11 attached hereto as Exhibit"A" and incorporated herein. 12 /// 13 /// 14 /// 15 /// 16 III 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 1 2014-75 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 2 CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 3 BILL MATHIS TO FACILITATE THE CHARTER REFORM 4 COMMITTEE. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 joint regular Common Council of the City of San Bernardino at a meeting thereof, held on 8 the 7th day of April , 2014, by the following vote, to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ x 12 BARRIOS x 13 VALDIVIA X 14 SHORETT x 15 16 NICKEL x 17 JOHNSON x 18 MULVIHILL x 19 i _Z,AirdwAr 411_ 20 Georg-.nn Hanna, Ci y Clerk 21 The foregoing Resolution is hereby approved this day of April , 2014. 22 f' 23 OX,Ci,/ 24 R. Carey Dais, Mayor City of San Bernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 28 By: \.Q./ ._ % `c �.. 2 2014-75 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN 2 BERNARDINO AND MATHIS CONSULTING GROUP 3 THIS AGREEMENT is made and entered into this 7th day of April, 2014 ("Effective 4 Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and MATHIS 5 CONSULTING GROUP. 6 WITNESSETH: 7 WHEREAS, CITY has the need for the services of a Charter Reform Committee 8 Facilitator; and 9 WHEREAS, MATHIS CONSULTING GROUP asserts that it is competent, trained and 10 qualified currently to perform the duties of a Charter Reform Facilitator and 11 WHEREAS, the parties desire to enter into this Agreement to outline the duties and 12 responsibilities of the parties, 13 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 14 1. SCOPE OF SERVICES. As described in Exhibit A. 15 2. TERM. The term of this Agreement shall begin on April 7, 2014 and terminate on 16 December 30, 2014. 17 3. COMPENSATION AND EXPENSES. For the term of this Agreement, MATHIS 18 CONSULTING GROUP shall be compensated for its services as Facilitator for the Charter 19 Committee. In no event shall the total amount paid to MATHIS CONSULTING GROUP exceed 20 $30,000. 21 4. TERMINATION. Either party may terminate this agreement at any time. 22 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the 23 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or 24 in any way made between the parties or their agents are replaced and superseded by this 25 Agreement. 26 27 1 28 2014-75 1 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws 2 of the United States of America, the State of California, and all other applicable laws. 3 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws 4 of the State of California. 5 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party 6 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney 7 and members of his/her office in enforcing this contract on behalf of the CITY shall be considered 8 "attorney's fees" for the purposes of this paragraph. 9 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of 10 law, such provision shall be considered severable, and the remainder of this Agreement or any 11 provision hereof shall not be affected. 12 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not 13 constitute a waiver of the right to compel enforcement of the remaining provisions of this 14 Agreement. 15 11. AMENDMENT. This Agreement may only be amended by a written instrument 16 executed by the parties hereto, and may not be amended by oral agreement. 17 12. ASSIGNMENT. This Agreement shall not be assigned by MATHIS CONSULTING 18 GROUP, without prior written consent of the City. 19 /// 20 /// 21 /// 22 /// 23 /1/ 24 /// 25 /// 26 /// 27 2 28 2014-75 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN 2 BERNARDINO AND MATHIS CONSULTING GROUP 3 4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date 5 first above written. 6 Date: , 2014 MATHIS CONSULTING GROUP 7 8 By: 9 10 Date: , 2014 CITY OF SAN BERNARDINO 11 B 12 y: Allen J. Parker, City Manager 13 14 15 16 17 APPROVED AS TO FORM: Gary D. Saenz, City Attorney 18 19 = 4A D4 _A ‘• 20 21 22 23 24 25 26 27 3 28 2014-75 Exhibit"A" Proposed Scope of Services for Dr. Bill Mathis Scope of Work- To facilitate the activities of the Charter Review Committee: • To attend each of the Committee's meetings. • To assist the Committee in its review of the City Charter and its deliberations. • To provide a scribe for the meetings. • To provide minutes of the meetings within 48 hours. • To provide all necessary materials for the Committee. 1 2014-75 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN 2 BERNARDINO AND MATHIS CONSULTING GROUP 3 THIS AGREEMENT is made and entered into this 7th day of April, 2014 ("Effective 4 Date") by and between the CITY OF SAN BERNARDINO, a charter city("CITY") and MATHIS 5 CONSULTING GROUP. 6 WITNESSETH: 7 WHEREAS, CITY has the need for the services of a Charter Reform Committee 8 Facilitator; and 9 WHEREAS, MATHIS CONSULTING GROUP asserts that it is competent, trained and 10 qualified currently to perform the duties of a Charter Reform Facilitator and 11 WHEREAS, the parties desire to enter into this Agreement to outline the duties and 12 responsibilities of the parties, 13 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 14 1. SCOPE OF SERVICES. As described in Exhibit A. 15 2. TERM. The term of this Agreement shall begin on April 7, 2014 and terminate on 16 December 30, 2014. 17 3. COMPENSATION AND EXPENSES. For the term of this Agreement, MATHIS 18 CONSULTING GROUP shall be compensated for its services as Facilitator for the Charter 19 Committee. In no event shall the total amount paid to MATHIS CONSULTING GROUP exceed 20 $30,000. 21 4. TERMINATION. Either party may terminate this agreement at any time. 22 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the 23 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or 24 in any way made between the parties or their agents are replaced and superseded by this 25 Agreement. 26 27 1 28 2014-75 1 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws 2 of the United States of America, the State of California, and all other applicable laws. 3 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws 4 of the State of California. 5 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party 6 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney 7 and members of his/her office in enforcing this contract on behalf of the CITY shall be considered 8 "attorney's fees" for the purposes of this paragraph. 9 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of 10 law, such provision shall be considered severable, and the remainder of this Agreement or any 11 provision hereof shall not be affected. 12 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not 13 constitute a waiver of the right to compel enforcement of the remaining provisions of this 14 Agreement. 15 11. AMENDMENT. This Agreement may only be amended by a written instrument 16 executed by the parties hereto, and may not be amended by oral agreement. 17 12. ASSIGNMENT. This Agreement shall not be assigned by MATHIS CONSULTING 18 GROUP, without prior written consent of the City. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 2 28 2014-75 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN 2 BERNARDINO AND MATHIS CONSULTING GROUP 3 4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date 5 first above written. 6 Date: tn\4 , 2014 MATHIS CONSULTING GROUP 7 I 8 By: L...1.�.. 9 10 Date: 00 , 2014 CITY OF SAN BERNARDINO 11 12 By: len J. Parker, City Manager 13 14 15 16 17 APPROVED AS TO FORM: Gary D. Saenz, City Attorney 18 19 �. • 20 21 22 23 24 25 26 27 3 28 2014-75 Exhibit "A" Proposed Scope of Services for Dr. Bill Mathis Scope of Work - To facilitate the activities of the Charter Review Committee: • To attend each of the Committee's meetings. • To assist the Committee in its review of the City Charter and its deliberations. • To provide a scribe for the meetings. • To provide minutes of the meetings within 48 hours. • To provide all necessary materials for the Committee. 1