HomeMy WebLinkAbout05.F- City Manager RESOLUTION (ID #3059) DOC ID: 3059
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Allen Parker M/CC Meeting Date: 04/07/2014
Prepared by: Veronica Martinez, (909) 384-
5242
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement Between the City of San Bernardino and Bill Mathis of Mathis
Consulting Group for Goal Setting Workshop and Charter Reform Facilitation. (#3059)
Current Business Registration Certificate: Yes
Financial Impact:
Budgeted funds are available in account No. 001.090.0053.5502—General Government
Contractual Services for this contract amendment.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
March 17, 2014, Mayor and Common Council approved Resolution No. 2014-59 authorizing the
formation of a volunteer citizen-based charter committee and directing the City Manager to
initiate a request for qualification for Consultant Specializing in Charter Reform.
Background:
City Attorney Review:
Supporting Documents:
Agreement Facilitator(PDF)
Dr. Bill Mathis - Scope of Services (DOC)
Mathis Consulting Group (DOCX)
Updated: 4/3/2014 by Georgeann"Gigi"Hanna Packet Pg. 108
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1 RESOLUTION NO.
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
5 BILL MATHIS TO FACILITATE THE CHARTER REFORM
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7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS: t
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s SECTION 1. The City Manager is hereby authorized to execute an Agreement between r
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10 the City of San Bernardino and Bill Mathis to facilitate the Charter Reform Committee,
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11 attached hereto as Exhibit"A" and incorporated herein. a,
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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. o
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6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held on
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the day of , 2014, by the following vote, to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ L
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12 BARRIOS o
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15 SHORETT o
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20 Georgeann Hanna, City Clerk
21 The foregoing Resolution is hereby approved this day of ,2014.
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24 R. Carey Davis, Mayor a
City of San Bernardino
25 Approved as to form:
26 Gary D. Saenz, City Attorney
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Exhibit"A"
Proposed Scope of Services for Dr. Bill Mathis
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Scope of Work- To facilitate the activities of the Charter Review Committee: 0
• To attend each of the Committee's meetings. o
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• To assist the Committee in its review of the City Charter and its deliberations.
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• To provide a scribe for the meetings
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• To provide minutes of the meetings within 48 hours =,
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• To provide all necessary materials for the Committee. r
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1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
2 BERNARDINO AND MATHIS CONSULTING GROUP. a
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3 THIS AGREEMENT is made and entered into this 7th day of April, 2014 ("Effective 0
4 Date") by and between the CITY OF SAN BERNARDINO, a charter city("CITY") and MATHIS
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5 CONSULTING GROUP. o
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6 WITNESSETH:
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7 WHEREAS, CITY has the need for the services of a Charter Reform Committee
8 Facilitator; and
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9 WHEREAS, MATHIS CONSULTING GROUP asserts that it is competent, trained and aEi
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10 qualified currently to perform the duties of a Charter Reform Facilitator and Q
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11 WHEREAS, the parties desire to enter into this Agreement to outline the duties and 2
12 responsibilities of the parties,
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13 NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS: E
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14 1. SCOPE OF SERVICES. As described in Exhibit A.
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15 2. TERM. The term of this Agreement shall begin on April 7, 2014 and terminate on
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16 December 30, 2014.
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17 3. COMPENSATION AND EXPENSES. For the term of this Agreement, MATHIS M
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18 CONSULTING GROUP shall be compensated for its services as Facilitator for th Charter o
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19 Committee. In no event shall the total amount paid to MATHIS CONSULTING GROUP exceed
20 $30,000. N
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21 4. TERMINATION. Either party may terminate this agreement at anytime. v
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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 C
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24 in any way made between the parties or their agents are replaced and superseded by this
25 Agreement. a
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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
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3 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws 0
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4 of the State of California.
5 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party v
6 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney w
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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. 3
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9 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of E
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10 law, such provision shall be considered severable, and the remainder of this Agreement or any a
11 provision hereof shall not be affected.
12 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
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13 constitute a waiver of the right to compel enforcement of the remaining provisions of this o
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14 Agreement.
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15 11. AMENDMENT. This Agreement may only be amended by a written instrument
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16 executed by the parties hereto, and may not be amended by oral agreement.
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17 12. ASSIGNMENT. This Agreement shall not be assigned by MATHIS CONSULTING
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18 GROUP, without prior written consent of the City. o
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1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN
2 BERNARDINO AND MATHIS CONSULTING GROUP
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4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
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5 first above written. 0
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6 Date: , 2014 MATHIS CONSULTING GROUP r
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10 Date: 52014 CITY OF SAN BERNARDINO a
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12 By. Allen J. Parker, City Manager U-
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17 APPROVED AS TO FORM: M
Gary D. Saenz, City Attorney
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