HomeMy WebLinkAbout2014-384 1 RESOLUTION NO. 2014-384
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT
4 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT
5 SERVICES.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the City Manager is hereby authorized to execute Amendment
9 Number One to the Contract Employment Agreement Between the City of San Bernardino and
10 Brian Turnbull for CDBG Project Management Services, attached hereto as Exhibit "A" and
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incorporated herein by this reference as though set forth fully at length.
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13 SECTION 2. The Director of Finance, or his/her designee, is hereby authorized to
14 issue a second Purchase Order for Brian Turnbull in the amount of$24,999.00.
15 SECTION 3. The authorization to execute the above-referenced Amendment and issue
16 the above-referenced Purchase Order is rescinded if not executed or issued within sixty (60)
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days of the passage of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT
2 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
3 BRIAN TURNBULL FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT
SERVICES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
7 the 3rd day of November, 2014,by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
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BARRIOS X
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VALDIVIA X
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13 SHORETT X
14 NICKEL X
15 JOHNSON X
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MULV IHILL X
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18 `e( Hanna, ' y Clerk
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The foregoing Resolution is hereby approved this d of Nove e�, 2014.
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21 2
22 R. CAREY AVIS, Mayor
City of San/
23 Approved as to form:
GARY D. SAENZ, City Attorney
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26 By:
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2014-384
EXHIBIT A
AMENDMENT NUMBER ONE TO THE CONTRACT EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR CDBG PROJECT MANAGEMENT SERVICES
This Amendment Number One (the "First Amendment") is entered into this 3rd day of
November , 20144 , BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Brian Turnbull, an individual, (the "CONTRACT EMPLOYEE") (individually CITY or
CONTRACT EMPLOYEE may be referred to as a "PARTY" and collectively CITY and
CONTRACT EMPLOYEE may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, on July 28, 2014 the CITY and CONTRACT EMPLOYEE entered into that
certain Agreement titled "CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND BRIAN TURNBULL FOR PROJECT MANAGEMENT
SERVICES RELATED TO THE COMPLETION OF VARIOUS COMMUNITY
DEVELOPMENT BLOCK GRANT (`CDBG') PROJECTS" (the "Agreement") for PROJECT
MANAGEMENT SERVICES; and,
WHEREAS, CITY and CONTRACT EMPLOYEE desire to amend the Agreement for
PROJECT MANAGEMENT SERVICES and desire to amend their rights, duties, and liabilities
in connection with their performance thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Section 1. Services Provided, lines 8 -15 "Scope of Services" shall be amended to read as
follows:
"Scope of Services. For the remuneration stipulated, TURNBULL shall provide the
professional services described below and in the attached Exhibit"A" Scope of Services.
TURNBULL shall assist the CITY in managing the completion of projects listed in the
City's 2014-2015 Housing and Urban Development Action Plan, including project
management of Park Improvement Projects, Library Improvement Project and other
related public facility improvements. TURNBULL will provide targeted project
management services of CDBG funded projects and Capital Improvement Projects as
needed."
AMENDMENT NUMBER ONE TO THE CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR CDBG PROJECT MANAGEMENT SERVICES
Page I of 2
2014-384
i
EXHIBIT A
2. Section 2. Compensation, lines 18 — 24 "Compensation" shall be amended to read as
follows:
"Compensation. CITY hereby agrees to pay TURNBULL an hourly rate of$35.00, not to
exceed $49,800.00 during Fiscal Year 2014-2015 without prior City Council approval.
Other than this compensation, TURNBULL shall not be entitled to any other
compensation, leave accruals, retirement or any other benefits of regular employees
employed by the CITY. Time sheets recording hours spent and work performed shall be
submitted in accordance with the policies as those apply to the CITY."
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2014 BRIAN TURNBULL
By:
Brian Turnbull
Dated , 2014 CITY OF SAN BERNARDINO
By:
Allen Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By.
AMENDMENT NUMBER ONE TO THE CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR CDBG PROJECT MANAGEMENT SERVICES
Page 2 of 2
2014-384
1 CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR PROJECT MANAGEMENT SERVICES RELATED TO THE COMPLETION OF
2 VARIOUS COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROJECTS
3
4 THIS AGREEMENT is made and entered into this 28th day of July, by and between the
5 CITY OF SAN BERNARDINO ("CITY") and BRIAN TURNBULL, an individual ("TURNBULL") with
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specialized education and work experience in the area of Housing and Community
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8 Development.
9 WHEREAS, the CITY is responsible for and has been sanctioned as a result of failing to
10 sufficient management oversight of the City's Community Development Block Grant (CDBG,
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Home Investment Partnership Program (HOME), Neighborhood Stabilization Program (NSP) an
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Emergency Solutions Grant (ESG) program; and
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14 WHEREAS, the primary concern is the steady expenditure of funds from all of the
15 aforementioned funding sources, which requires the proper completion and tracking o
16 program activities; and
17 WHEREAS, the City Manager, in an effort to maintain this critical funding, has
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determined that targeted project management is necessary to ensure program deliverables;
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20 and
21 WHEREAS,TURNBULL possesses the necessary knowledge, skills and abilities to perform
22 the needed project management as a result of his 25 years of experience directing and
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managing various community development programs, including serving as Assistant Director o
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the County of San Bernardino's CDBG program.
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26 Brian Turnbull,CDBG Project Management Contrac
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2014-384
1 CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR PROJECT MANAGEMENT SERVICES RELATED TO THE COMPLETION OF
2 VARIOUS COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROJECTS
3
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
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5 parties hereto agree as follows:
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7 1. SERVICES PROVIDED.
8 Scope of Services. For the remuneration stipulated, TURNBULL shall provide the
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professional services described below and in the attached Exhibit "A"Scope of Services:
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11 TURNBULL shall assist the CITY in managing the completion of projects listed in the
12 City's 2014-2015 Housing and Urban Development Action Plan, including project management
13 of Park Improvement Projects, Library Improvement Project and other related public facilit
14 improvements. In addition, TURNBULL will provide targeted project management services o
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CDBG funded projects as needed to meet program deliverables.
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17 Standards of Performance. TURNBULL shall perform all services required pursuant to
18 this Agreement to the satisfaction of the City Manager or his designee. For purposes of this
19 contract, services required to satisfy this agreement will be evaluated by the Director and/or
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Deputy Director of Housing. TURNBULL shall perform all services described in this Agreement
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in a manner consistent with the standards of care, diligence and skill ordinarily exercised b
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23 professionals in similar fields and circumstances in accordance with sound professional
24 practices.
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26 Brian Turnbull,CDBG Project Management Contract
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2014-384
1 CONTRA&EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR PROJECT MANAGEMENT SERVICES RELATED TO THE COMPLETION OF
2 VARIOUS COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROJECTS
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4 Non-discrimination. In performing this Agreement, TURNBULL shall not engage in
5 discrimination in employment of persons because of their race, religion, color, national origin
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ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
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8 s � tetation, except as permitted pursuant to Section 12940 of the Government Code.
9 Delegation and Assignment. This is a personal services contract, and the duties set fort
10 herein,shall not 6e delegated or assigned to any person or entity without prior written consent
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o#;the CITY
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ConDicts of Interest. During the term of this Agreement, TURNBULL, shall at all times
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M tain a duty of loyalty and fisluciary duty to the CITY and shall not accept payment from, or
15 employment with, any person or entity which will constitute a conflict of interest with the
16 seVes-performed for CITY.
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COMPENSATION.
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Compensation. CITY hereby agrees to pay TURNBULL an hourly rate of $35.00, not to
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20 exceed $24,999 during Fiscal Year 2014-2015 without prior City Council approval. Other than
21 this compensation, TURNBULL shall not be entitled to any compensation, leave accruals
22 retirement or other benefits of regular employees employed by the CITY.Time sheets recording
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hours spent and work performed shall be submitted in accordance with the policies as those
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apply to the CITY.
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26 Brian Turnbull,CDBG Project Management Contract
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2014-384
1 CONTRACT EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BRIAN TURNBULL FOR PROJECT MANAGEMENT SERVICES RELATED TO THE COMPLETION OF
2 VARIOUS COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROJECTS
3
4 Additional Services. TURNBULL shall not receive compensation for any services provide
5 outside the scope of services specified in this Agreement unless the CITY, prior to TURNBULL
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performing the additional services, approves such additional services in writing. It is specifically
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understood that oral requests and/or approvals of such additional services or additional
9 compensation shall be barred and are unenforceable.
10 3. TERM AND NOTIFICATION.
11 Term. This Agreement shall commence on the Effective Date and continue until the
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funds are exhausted or June 30, 2015, whichever occurs first, unless the Agreement is
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14 previously terminated as provided for herein.
15 Termination. CITY or TURNBULL may terminate the services, with or without cause a
16 any time, upon written notification by either party. In the event of termination, TURNBULL
17 shall be paid the balance of hours worked and services rendered to the date of termination.
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Nothing in the Agreement shall be construed as creating any vested right in such appointmen
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20 or in employment with the CITY.
21 Documents. In the event of termination of this Agreement, all documents prepared by
22 TURNBULL in her performance of this Agreement including, but not limited to, finished of
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unfinished work assignments, shall be delivered to the CITY within ten (10) days of delivery o
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termination notice to TURNBULL, at no cost to the CITY.
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2014-384
1 4. GENERAL PROVISIONS.
2 Entire Agreement. This Agreement constitutes the entire Agreement between pantie
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with respect to any matter reference herein and supersedes any and all other prior writings an
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5 oral negotiations. This Agreement may only be modified in writing, and signed by the parties in
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6 interest at the time of such modification. The terms of the Agreement shall prevail over an
7 inconsistent provision in any other contract document appurtenant hereto, including exhibits to
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this Agreement.
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Notices. Any notices, documents, correspondence or other communications concerning
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11 this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail
12 and shall be addressed as set forth below. Such communication shall be deemed served o
13 delivered: a)at the time of delivery if such communication Is sent by personal delivery; b)at the
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time of transmission is such communication is sent by facsimile; and c) 48 hours after the
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deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent
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17 through regular U.S. Mail.
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19 IF TO TURNBULL: IF TO CITY:
20 BRIAN TURNBULL City Manager
goo City of San Bernardino
21 300 North D Street
*2v{fQno�� C14� �i l San Bernardino, CA 92418
22 Telephone (909) 384-5122
23 Fax(909) 384-5138
24 Attorneys' Fees. In the event that litigation is brought by any party in connection with
25 this Agreement, the prevailing party shall be entitled to recover from the opposing party all
26 Brian Turnbull,CDBG Project Management Contract
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2014-384
1 costs and expenses, including reasonable attorneys'fees, incurred by the prevailing party In the
2 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms
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conditions, or provisions hereof. The costs, salary and expenses of the City Attorney an
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5 members of his office in enforcing this contract on behalf of the CITY shall be considered a #
g "attorneys'fees"for the purposes of this Agreement.
7 Governing Law. This Agreement shall be governed by and construed under the laws o
8 the State of California without giving effect to that body of lays pertaining to conflict of laws. In
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the event of any legal action to enforce or interpret this Agreement, the parties hereto agree
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11 that the sole and exclusive venue shall be a court of competent jurisdiction in San Bernardin
12 County,California.
13 Assignment. TURNBULL shall not voluntarily or by operation of law assign, transfer,
14 sublet or encumber all or any part of TURNBULL's interest in this Agreement without CITY'
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prior written consent. Any attempted assignment,transfer,subletting or encumbrance shall be
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17 void and shall constitute a breach of this Agreement and cause for termination of this
18 Agreement. Regardless of CITY'S consent, no subletting or assignment shall release TURNBUL
19 of TURNBULUS obligation to perform all other obligations to be performed by TURNBUL
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hereunder for the term of this Agreement.
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Headings. Paragraphs and subparagraphs headings contained in this Agreement are
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23 included solely for convenience and are not intended to modify, explain or to be a full or
24 accurate description of the content thereof and shall not in any way affect the meaning or
25 interpretation of this Agreement.
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2014-384
1 Amendments. Only a writing executed by all parties hereto, or their respective
2 successors and assigns,may amend this Agreement.
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Waiver. The delay or failure of either party at any time to require performance or
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5 compliance by the other of any of its obligation or agreements shall in no way be deemed
6 waiver of those rights to require performance or compliance. No waiver of any provision of this
7 Agreement shall be effective unless in writing and signed by a duly authorized representative o
8 the party against whom enforcement if a waiver is sought. The waiver of any right or remed
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with respect to any occurrence or event shall not be deemed a waiver of any right or remed
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11 with respect to any other occurrence or event, nor shall any waiver constitute a continuing
12 waiver.
13 Severability. If any provision of this Agreement is determined by a court of competent
14 jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect
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the validity or enforceability of the remaining terms and provision hereof or of the offending
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17 provision in any other circumstances, and the remaining provisions of this Agreement shat
18 remain in full force and effect.
19 Counterparts. This Agreement may be executed in one or more counterparts, each of
20 which shall be deemed an original. All counterparts shall be construed together and shall
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constitute one agreement.
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23 Corporate Authority. The persons executing this Agreement on behalf of the parties
24 hereto warrant that they are duly authorized to execute this Agreement on behalf of said
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2014--384
1 parties and that by doing so the parties hereto are formally bound to the provisions of this
2 Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute
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5 by and through their respective authorized officers, as of the date first written.
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7 CITY OF SAN BERNARDINO, BRIAN TURNBULL
8 A municipal corporation
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10 a _
11 Allen P er,City Manager BRIAN TURNBULL
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2014-384
1
EXHIBIT A
2 SCOPE OF SERVICES
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4 The items to be included in the Scope of Services are indicated below. These items are
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examples of the type of work that may be completed as a result of.this contract:
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6 1. Consultant will provide technical assistance for the administration and implementation
of the City's projects and activities. l
7 a. Prepare CDBG documents including contracts, agreements and amendments as
8 needed.
b. Prepare and publish public hearing notices for citizen input on the allocation of
9 annual funds and/or any changes in the CDBG allocation of funds.
c. Prepare reports and resolutions for City Council review and approval of CDBG
to projects and activities including any required public hearing notices, as needed.
11 d. Prepare quarterly memorandums to City which provides an update on CDBG
funded program expenditures, progress, and accomplishments.
12 e. Prepare and submit Annual Program Planning Summaries indicating the projects
and budgets for the CDBG Program to the Community Development
13 f. Monitor construction activities and review change orders on the job site and/or
14 with the Public Works Manager or his designee,to ensure consistency with CDBG
project scope of work(Agreement to implement) as approved by the Community
15 Development Department.
2. Consultant will prepare various administrative documents for projects including project
16 descriptions and budgets with input from City staff and will incorporate any revisions as
17 may be required by City Council.
a. Prepare and process amendments for on-going projects.
1 g b. Prepare and publish public hearing notices for substantial changes in project
description and/or funding levels.
19 3. Consultant will prepare CDBG Funding Requests for each project and/or coordinate the
20 preparation and submittal with City Finance staff.
a. Review payment requests and Invoices for CDBG services,supplies and
21 equipment, if necessary.
b. Prepare and submit and/or oversee the preparation and submission of CDBG
22 c. Funding Requests to the County each month.
23 d. Monitor the drawdown of CDBG funds in order to comply with the CDC/HUD
performance goals.
24 4. Consultant will coordinate with staff and gather all necessary files and documentation
for program monitoring and audit preparation.
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2014-384
1 a. Develop and maintain all necessary documentation for CDBG monitoring and
2 annual City Audit.
b. Assist County and Federal CDBG monitors during program performance reviews,
3 and City auditors during City Audit.
S. Consultant will act as City's liaison and representative to the Community Development
4 Commission.
5 a. Coordinate program monitoring visits and audits.
b. Prepare responses to CDC correspondence and monitoring findings.
6 c. Submit inquiries for clarifications and determinations on behalf of the City.
d. Attend mandatory meeting,complete mandatory trainings, and attend Cities
7 Quarterly Meetings on behalf of the City.
8 6. Consultant will ensure compliance with all applicable Federal,State and local laws and
policies.
g a. Keep updated copies of CDBG regulations and handbooks at City Hall.
b. Circulate CDBG information bulletins to City staff.
10 c. Attend County and HUD seminars on program and regulatory changes.
11 7. Consultants will provide Davis-Bacon monitoring and contract compliance for CDBG-
funded construction projects.
12 a. Review construction contracts and bid specifications for compliance with Federal
requirements to ensure that all appropriate forms are included in bid package.
13 b. Submit construction bid document to LACDC prior to advertisement of bids.
14 c. Verify contractor and subcontractor eligibility.
d. Participate in preconstruction conferences as requested by the City.
15 e. Prepare and submit documents and reports required by the U.S. Department of
Labor(DOL) and U.S. Department of Housing and Urban (HUD)for construction
16 projects.
17 f. Report any wage modifications,or other changes in requirements as they are
issued.
18 g. Review Weekly Certified Payroll Reports and coordinate or conduct the worker
job site interviews to ensure compliance with prevailing wage requirements.
19 h. Prepare and maintain labor and contract compliance files for CDC and HUD
20 monitoring.
i. Review all construction contract files prior to project close-out.
21 j. Prepare any labor violation reports and coordinate and process resolutions for
any labor violations.
22 8. Consultants will provide Section 3 monitoring and compliance for CDBG-funded
23 construction projects,when applicable.
a. Review construction contracts bid specifications to ensure that all Section 3
24 compliance forms are included in bid package.
b. b. Provide technical assistance to City staff regarding the objectives and
25 requirements of Section 3.
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2014-384
1 c. Review documentation of actions taken to comply with Section 3.
2 d. Prepare annual Economic Opportunities for Low-and Very-Low-income
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2014-384
Brian C. Turnbull.
800 East Highland Avenue
Redlands,CA 92874
909)754-8679
Education: California State University,San Bernardino
Masters Public Administration, 1984
California State University,San Bernardino
Bachelor Degree/History, 1980
Work Experience;
Analyst: County of San Bernardino Department of Economic and Community Developmen
1984- 1989
Responsible for implementation of CDBG Public Service and Construction projects
Section Chief: County of San Bernardino Department of Economic and Community Development
1990-1997
Supervised staff of nine in the implementation of county CDBG Funded Construction
Projects
Special Projects Coordinator: First Supervisorial District County of San Bernardino
1997-2000
Responsible for implementation of county construction projects in the county of San
Bernardino First Supervisorial district
Deputy Director of Housing: County of San Bernardino Department of Economic and Community
Development 2000-2003
Responsible for implementation of Housing Projects and Expenditure of Home Funds
Assistant Director: County of San Bernardino Department of Economic and Community
Development 2003—2007
Responsible for overall administration of San Bernardino County Department of
Economic and Community Development
Project Manager: City of San Bernardino RDA
2008—2012
Responsible for Implementation of RDA Project within the City of San Bernardino
2014-384
1 parties and that by doing so the parties hereto are formally bound to the provisions of this
2 Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute
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5 by and through their respective authorized officers, as of the date first written.
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7 CITY OF SAN BERNARDINO, BRIAN TURNBULL
8 A municipal corporation
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11 Allen P er, City Manager BRIAN TURNBULL
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2014-384
Brian C. Turnbull
800 East Highland Avenue
Redlands,CA 92874
909)7"-3679
Education: California State University,San Bernardino
Masters Public Administration, 1984
California State University, San Bernardino
Bachelor Degree/History, 1980
Work Experience:
Analyst: County of San Bernardino Department of Economic and Community Developmen
1981-1989
Responsible for implementation of CDBG Public Service and Construction projects
Section Chief: County of San Bernardino Department of Economic and Community Development
1990- 1997
Supervised staff of nine in the implementation of county CDBG Funded Construction
Projects
Special Projects Coordinator: First Supervisorial District County of San Bernardino
1997-2000
Responsible for implementation of county construction projects in the county of San
Bernardino First Supervisorial district
Deputy Director of Housing: County of San Bernardino Department of Economic and Community
Development 2000-2005
Responsible for implementation of Housing Projects and Expenditure of Home Funds
Assistant Director: County of San Bernardino Department of Economic and Community
Development 2003 —2007
Responsible for overall administration of San Bernardino County Department of
Economic and Community Development
Project Manager: City of San Bernardino RDA
2008-2012
Responsible for Implementation of RDA Project within the City of San Bernardino