HomeMy WebLinkAbout09- City Clerk CIT f OF SAN BERNARDh*O - REQUE.*T FOR COUNCIL AC'i ION
From: Shauna Clark, City Clerk Subject: Agreement with International
Technology Corporation to pro-
Dept: City Clerk vide solid waste assessment
testing - Correction of clerical
Date: December 14, 1987 error
Synopsis of Previous Council action:
11/16/87 - mayor and' Council adopted agreement with ITC for solid
waste assessment testing
Recommended motion:
That further reading of the resolution be waived and said resolution
adapted.
Signature
Contact person: Shauna Clark Phone: 5109
Supporting data attached: Staff report, resolution, Ward:
agreement
FUNDING REQUIREMENTS: Amount: $40 , 000 Source: 127 411 53150
previously authorize y Mayor and councli)
Finance:
Council Notes:
CT
1 OF SAN BERNARDI O - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On November 16 , 1987 , the Mayor and Council adopted Resolution No.
87 410 . Resolution 87 410 was attached to an agreement for pro-
fessional services with International Technology Corporation (ITC)
to provide a solid waste assessment test at the Waterman landfill.
This agreement had been continued from a previous meeting and un-
fortunately, was attached to the wrong resolution when it was
brought back before the Mayor and Council on November 16 , 1987 .
The attached resolution will correct this clerical error by re-
pealing the incorrect resolution and re-adopting the agreement with
the proper resolution. Nothing in the agreement itself has changed.
Both the new resolution and the old agreement are attached for your
information.
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH INTERNATIONAL TECHNOLOGY
3 CORPORATION TO PROVIDE A SOLID WASTE ASSESSMENT TEST (SWAT) , AND
REPEALING RESOLUTION NO. 87-410 .
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with International Technology Corporation to provide
9 a Solid Waste Assessment Test (SWAT) , a copy of which is attached
10 hereto , marked Exhibit "A" and incorporated herein by reference
11 as fully as though set forth at length , and repealing Resolution
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No . 87-410 .
13 I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
15 Bernardino at a meeting thereof , held on
16 the day of 1987 , by the following
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vote , to wit :
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AYES: Council Members
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NAYS:
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ABSENT:
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24 City Clerk
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10/19/87 1
1 The foregoing resolution is hereby approved this day
2 of 1987 .
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4 Mayor of the City of San Bernardino
5 Approved as to form
and legal content:
6
C jA�`y Attorney
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10/19/87 2
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a
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of
1987, by and between the CITY OF SAN BERNARDINO, a
Municipal Corporation, hereinafter called "City" , and IT
CORPORATION, a California Corporation, hereinafter called " ITC" .
WITNESSETH
WHEREAS, the City desires to have solid waste assessment
tests performed in the area commonly known as the Waterman
Landfill ; and
WHEREAS, in order to obtain such tests, it is necessary to
retain the professional services of a qualified assessor and
consulting firm; and
WHEREAS, ITC covenants that it is qualified to provide said
professional services for the conduct of such tests; and
WHEREAS, San Bernardino City Council has elected to engage
the services of ITC upon the terms and conditions as hereinafter
set forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. GENERAL.
ITC shall perform those services specified in "Proposal and
Work Plan Solid Waste Assessment Test Waterman Landfill, San
Bernardino, California" , a copy of which is attached hereto as
Exhibit "B" and incorporated herein by reference and made a part
hereof as though it were fully set forth herein.
Performance of the work specified in said Proposal is made
an obligation of ITC under this Agreement, subject to any changes
made subsequently upon the mutual written agreement of the
parties hereto.
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2. TERM. This Agreement shall have a term of 180 days
commencing on the effective date hereof. Such term may be
extended by mutual written contract of the parties .
3. COMPENSATION
Compensation to ITC for the total services to be rendered
pursuant to this Agreement shall not exceed Forty thousand and
no/100 Dollars ($40, 000 .00) divided between tasks as follows:
I Drilling and Monitoring Well Installation $20, 000 . 00
II Monitoring Well Development & Sampling 6, 000.00
III Laboratory Analysis 8, 000.00
IV Data Analysis & Report Preparation 6,000.00
$40, 000. 00
These amounts shall be paid upon completion of each task
specified in Exhibit "B" .
4 . EXTRA SERVICES
No extra services shall be rendered by ITC under this
Agreement unless such extra services shall be authorized, in
writing, by City. Authorized extra services shall be invoiced on
the terms as agreed at the time of any agreement to perform extra
services .
5. PAYMENT BY CITY
The billings for all services rendered pursuant to this
Agreement shall be submitted by ITC to City and shall be paid by
City within twenty (20) days after receipt of same.
6. SUPERVISION OF SERVICES
The Director of Public Services, or his designee, shall be
City' s agent with respect to obtaining ITC' s compliance
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hereunder . No payment for any services rendered under this
agreement shall be made without prior approval of the Director of
Public Services or his designee.
7 . ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS
ITC hereby certifies that it will not discriminate against
any employee or applicant for employment because of race, color,
religion, sex, marital status or national origin. Such action
shall include, but not be limited to, the following: employment;
upgrading, demotion or transfer ; recruitment or recruitment
advertising; and designated representatives . In addition,
Engineer shall not exclude from participation in, deny the
benefits of or subject to discrimination under this Agreement any
employee or applicant for employment on the basis of age under
the Age Discrimination Act of 1975 or with respect to an
otherwise qualified handicapped individual as provided in Section
504 of the Rehabilitation Act of 1973 or religion except that any
exemption from such prohibition against discrimination on the
basis of religion as provided in the Civil Rights Act of 1964 or
Title VIII of April 11, 1968, as amended, shall also apply.
8. TERMINATION OF AGREEMENT
City shall have the right to terminate this Agreement upon
giving a 10-day written notice of such termination to ITC. In
the event of such termination, the Director of Public Services or
his designee, based upon work accomplished by ITC prior to notice
of such termination, shall determine the amount of fees to be
paid to ITC for such services . A finding by the Director of
Public Services or his designee which is approved by the San
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Bernardino City Council shall be final as to the amount of such
fee. ITC hereby covenants and agrees that upon termination of
this agreement for any reason, ITC will preserve and make
immediately available to City, or its designated representative,
maps, notes, correspondence, or records related to work paid for
by the City and required for its timely completion, and to fully
cooperate with City so that the work to be accomplished under
this Agreement may continue in a reasonably prompt manner. Any
subsequent use of such incomplete documents shall be at the sole
risk of the City and the City agrees to hold harmless and
indemnify ITC from any claims, losses, costs, including
attorney' s fees, and liability arising out of such use.
9 . INDEPENDENT CONTRACTOR
ITC shall act as an independent contractor in the
performance of the services provided for in this Agreement and
shall furnish such services in ITC ' s own manner and method and in
no respect to be considered an agent or employee of City.
10 . NON-ASSIGNMENT
This Agreement is not assignable either in whole or in part
by ITC without the written consent of City.
11. HOLD HARMLESS
ITC hereby agrees to and shall hold City, its elective and
appointive boards, officers, agents and employees harmless from
any liability for damage or claims for damage for personal injury
including death as well as from claims for property damage which
may arise from ITC' s negligent acts, errors or omissions under
this Agreement. ITC agrees to and shall defend City and its
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elective and appointive boards, officers, agents and employees
from any suits or actions at law or in equity for damages caused
by reason of any of the aforesaid negligent acts, errors or
omissions .
12. NOTICES
Official notices relative to the services provided under
this Agreement shall be in writing addressed to the following:
IT Corporation Citv
IT Corporation Mr . Manuel Moreno
17461 Derian Avenue, Ste. 190 Director of Public
Irvine, CA 92714 Services
300 No. "D" Street
San Bernardino, CA
92418
13. AMENDMENT. This agreement may be amended only upon
the express prior written consent of both parties to any such
amendment.
14 . SUBCONTRACTORS. ITC shall be responsible for the work
of any of its subcontractors under this agreement as if such
subcontractors were agents or employees of ITC.
15. INSURANCE. ITC shall maintain and shall require that
any of its subcontractors hereunder shall maintain worker ' s
compensation insurance in such types and amounts as are required
by the workers Compensation laws of the State of California. ITC
shall present evidence of such insurance to the Director of
Public Services before commencing any work under the agreement.
16. ENTIRE AGREEMENT
This Agreement and any documents or instrument
attached hereto or referred to herein integrate all terms and
conditions mentioned herein or incidental hereto, and supersede
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all negotiations and prior writing in respect to the subject
matter hereof . In the event of conflict between the terms ,
conditions or provisions of this Agreement , and any such document
or instrument , the terms and conditions of this Agreement shall
prevail .
IN WITNESS WHEREOF , the parties hereto have caused this
Agreement to be executed on the date first above written by their
respective officer duly authorized in that behalf.
CITY OF SAN BERNARDINO
ATTEST:
By
City Clerk Mayor
IT CORPORATION
By
Title
Approved as to form
and legal content :
City Attorney
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