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HomeMy WebLinkAbout2014-384 1 RESOLUTION NO. 2014-384 2 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 11 incorporated herein by this reference as though set forth fully at length. 12 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 The authorization to execute the above-referenced Amendment and issue 16 the above-referenced Purchase Order is rescinded if not executed or issued within sixty (60) 17 days of the passage of this Resolution. 18 /// 19 /// 20 21 22 23 24 /// 25 26 27 28 1 1 RESOLUTION OF THE MAYOR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. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 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 10 BARRIOS X 11 VALDIVIA X 12 13 SHORETT X 14 NICKEL X 15 JOHNSON X 16 17 MULV IHILL X 7 — 18 `e( Hanna, ' y Clerk 19 �� The foregoing Resolution is hereby approved this d of Nove e�, 2014. 20 0 21 2 22 R. CAREY AVIS, Mayor City of San/ 23 Approved as to form: GARY D. SAENZ, City Attorney 24 25 26 By: 27 28 2 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 6 specialized education and work experience in the area of Housing and Community 7 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, 11 Home Investment Partnership Program (HOME), Neighborhood Stabilization Program (NSP) an 12 Emergency Solutions Grant (ESG) program; and 13 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 18 determined that targeted project management is necessary to ensure program deliverables; 19 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 23 managing various community development programs, including serving as Assistant Director o 24 the County of San Bernardino's CDBG program. 25 26 Brian Turnbull,CDBG Project Management Contrac Page 27 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 4 5 parties hereto agree as follows: 6 7 1. SERVICES PROVIDED. 8 Scope of Services. For the remuneration stipulated, TURNBULL shall provide the 9 professional services described below and in the attached Exhibit "A"Scope of Services: 10 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 15 CDBG funded projects as needed to meet program deliverables. 16 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 20 Deputy Director of Housing. TURNBULL shall perform all services described in this Agreement 21 in a manner consistent with the standards of care, diligence and skill ordinarily exercised b 22 23 professionals in similar fields and circumstances in accordance with sound professional 24 practices. 25 26 Brian Turnbull,CDBG Project Management Contract Page 27 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 3 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 6 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or 7 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 : 11 o#;the CITY 12 ConDicts of Interest. During the term of this Agreement, TURNBULL, shall at all times 13 14 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. 17 COMPENSATION. 18 Compensation. CITY hereby agrees to pay TURNBULL an hourly rate of $35.00, not to 19 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 23 hours spent and work performed shall be submitted in accordance with the policies as those 24 apply to the CITY. 25 26 Brian Turnbull,CDBG Project Management Contract Page 27 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 6 performing the additional services, approves such additional services in writing. It is specifically 7 s 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 12 funds are exhausted or June 30, 2015, whichever occurs first, unless the Agreement is 13 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. 18 Nothing in the Agreement shall be construed as creating any vested right in such appointmen 19 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 23 unfinished work assignments, shall be delivered to the CITY within ten (10) days of delivery o 24 termination notice to TURNBULL, at no cost to the CITY. 25 26 Brian Turnbull,CDBG Project Management Contrac Page 27 2014-384 1 4. GENERAL PROVISIONS. 2 Entire Agreement. This Agreement constitutes the entire Agreement between pantie 3 with respect to any matter reference herein and supersedes any and all other prior writings an 4 5 oral negotiations. This Agreement may only be modified in writing, and signed by the parties in 1 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 8 this Agreement. 9 Notices. Any notices, documents, correspondence or other communications concerning 10 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 14 time of transmission is such communication is sent by facsimile; and c) 48 hours after the 15 deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent 16 17 through regular U.S. Mail. 18 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 Page 27 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 3 conditions, or provisions hereof. The costs, salary and expenses of the City Attorney an 4 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 9 the event of any legal action to enforce or interpret this Agreement, the parties hereto agree 10 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' 15 prior written consent. Any attempted assignment,transfer,subletting or encumbrance shall be 16 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 20 hereunder for the term of this Agreement. 21 Headings. Paragraphs and subparagraphs headings contained in this Agreement are 22 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. I 26 Brian Turnbull,CDBG Project Management Contract Page 27 2014-384 1 Amendments. Only a writing executed by all parties hereto, or their respective 2 successors and assigns,may amend this Agreement. 3 Waiver. The delay or failure of either party at any time to require performance or 4 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 9 with respect to any occurrence or event shall not be deemed a waiver of any right or remed 10 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 15 the validity or enforceability of the remaining terms and provision hereof or of the offending 16 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 21 constitute one agreement. 22 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 25 26 Brian Turnbull,CDBG Project Management Contras Page 27 2014--384 1 parties and that by doing so the parties hereto are formally bound to the provisions of this 2 Agreement. 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute 4 5 by and through their respective authorized officers, as of the date first written. 6 7 CITY OF SAN BERNARDINO, BRIAN TURNBULL 8 A municipal corporation 9 10 a _ 11 Allen P er,City Manager BRIAN TURNBULL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Brian Turnbull,CDBG Project Management Contrac Page 27 2014-384 1 EXHIBIT A 2 SCOPE OF SERVICES 3 4 The items to be included in the Scope of Services are indicated below. These items are 5 examples of the type of work that may be completed as a result of.this contract: y 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. 25 26 Brian Turnbull,CDBG Project Management Contrac Page 27 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. 26 Brian Turnbull,CDBG Project Management Contrac Page 1 27 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 3 4 5 6 7 i 8 i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Brian Turnbull,CDBG Project Management Contract 27 Page 1 I 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. 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute 4 5 by and through their respective authorized officers, as of the date first written. 6 7 CITY OF SAN BERNARDINO, BRIAN TURNBULL 8 A municipal corporation 9 10 ro 11 Allen P er, City Manager BRIAN TURNBULL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Brian Turnbull,CDBG Project Management Contract Page 27 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