HomeMy WebLinkAbout10- City Administrator CITY OF SAN BERN, ADINO - REQUEST F,.,R COUNCIL ACTION
From: SHAUNA CLARK Subject: Agreement with Water Commissioners,
City Administrator Community Development Commission
Dept: to fund 1/3 consulting services
with Simon and Co.
Date: February 14 , 1994
Synopsis of Previous Council action:
10/9/91 -- Resolution #91-425 authorized jointly funded consulting
agreement with Simon and Co. with Board of Water Commissioners
and Community Development Commission.
Recommended motion:
Adopt rr elution.
Signature
Contact person: Shauna Clark Phone: 5122
Supporting data attached: ve s Ward:
FUNDING REQUIREMENTS: Amount: $6 ,666 _ 67 per year for five years.
Source: (Acct. No.) 001-101-53150
Acct. Description) Professional/Contractual
� ,� __,,// / Finance: c
Council Notes: ;fn' Qd� i�r, 9� 9�1e .lOt le -P � ' �o.l 67 Ai�-- V n'e- QyL r��
001-101-s31sn
75.0262 Agenda Item No. 149
CITY OF SAN BERN! MINO - REQUEST FL A COUNCIL ACTION
STAFF REPORT
Since 1990, the City has jointly funded an agreement with the
Community Development Commission and the Board of Water
Commissioners for consulting services with the firm of Simon and
Company to provide federal legislative representation.
In October 1991, Resolution 91-425 provided an amendment to the
agreement to continue the services for 2 years. That amendment
expired June 30, 1993 .
The presently proposed agreement will extend the term of the
contract for a five year period so that it need not be reviewed
every year with the right to terminate in writing thirty (30) days
before the end of any year of the term.
It is recommended that the resolution be adopted.
1 RESOLUTION NO
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
3 OF AN AGREEMENT TO JOINTLY FUND CONSULTING SERVICES BY AND BETWEEN
THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE
4 CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AND SIMON AND COMPANY.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor is hereby authorized and directed to
8 execute on behalf of said City an Agreement to jointly fund
9 consulting services by and between the City of San Bernardino, the
10 Water Commissioners of the City of San Bernardino and the Community
11 Development Commission of the City of San Bernardino and Simon
12 and Company.
13 SECTION 2. The authorization to execute the above referenced
14 agreement is rescinded if the parties to the agreement fail to
15 execute it within sixty (60) days of the passage of this
16 resolutions.
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a meeting thereof, held on the day
20 of , 1994, by the following vote, to wit:
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RESOLUTION AUTHORIZING JOINTLY FUNDED CONgULTING SERVICES
WITH WATER CO ISSIONERS AND COMMUNITY D1. ;LOPMENT COMMISSION.
1
2 Councilmembers AYES NAYS ABSTAIN ABSENT
3 NEGRETE
4 CURLIN
5 HERNANDEZ
6 OBERHELMAN
7 DEVLIN
8 POPE-LUDLAM
9 MILLER
10
11 City Clerk
12
The foregoing resolution is hereby approved this day of
13 , 1994 .
14
Tom Minor, Mayor
15 City of San Bernardino
16 Approved as to form
and legal content:
17
JAMES F. PENMAN
18 City A torney
19 By:
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-2-
1 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
2 This Agreement is entered into this day
3 of , 1994, by and between the City of San
4 Bernardino ( "City" ), the Board of Water Commissioners of the City
5 of San Bernardino ( "Water Department" ) , and the Community
6 Development Commission of the City of San Bernardino ( "EDA" ) ,
7 R E C I T A L S
8 This Agreement is made with reference to the following:
9 1. The parties have determined that it is advantageous to
10 and in the best interest of the Parties to engage a professional
11 consultant for representation in Washington, D.C. , for the
12 purposes of pursuing the obtaining of individual Federal grants;
13 for monitoring and interpreting Federal statutes and regulations
14 affecting the Parties; and to serve as advocate for the Parties in
15 connection with all relevant Federal activities.
16 2. Pursuant to an informal understanding between the
17 parties the Water Department has retained the firm of Simon and
18 Company, Inc.
19 3. The Parties desire to share in the costs of said
20 Consultant.
21 NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS:
22 1. TERM OF CONTRACT. This Contract shall be for a period
23 of five years commencing on the date first above shown, and
24 terminating five years thereafter, unless otherwise extended by
25 both parties. This Contract may be terminated by any party giving
26 thirty (30) days written notice prior to the end of any year of
27 the term, to the other parties.
28 2. COMPENSATION AND METHOD OF PAYMENT. Water Department
DAB/js [Jointly.Agr) 1 January 24. 1994
I AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
2 has agreed to pay Consultant an annual retainer fee in the sum of
3 $20,000.00 for services. In addition, the Consultant is to be
4 reimbursed for out-of-pocket expenses and costs, including travel
5 between the City of San Bernardino and Washington, D.C. , long
6 distance telephone calls, express courier fees, and postage. The
7 Water Department shall be responsible for payment of invoices upon
8 receipt, and shall be reimbursed one-third from the remaining
9 Parties in arrears. The maximum amount to be paid by any Party
10 shall not exceed Six Thousand Six Hundred Sixty Six Dollars and
11 Sixty Seven Cents ($6, 666.67), per year, plus 1/3 of all out-of-
12 pocket expenses and costs as described in this paragraph.
13 When specific project assignments are given by the Mayor of
14 the City of San Bernardino, the Agency Administrator of the City
15 of San Bernardino, the General Manager of the Water Department or
16 the Executive Director of the Redevelopment Agency, which go
17 beyond the scope of the regular services of Consultant, payment
18 shall be wholly the responsibility of the Party making said
19 assignments.
20 3. Notices given pursuant to this Agreement shall be in
21 writing and deposited with the United States Postal Service
22 postage prepaid and addressed as follows:
23 To the City City Administrator
City of San Bernardino
24 300 North "D" Street
San Bernardino, CA 92418
25 To Water Department: General Manager
26 Water Department
City of San Bernardino
27 300 North "D" Street
San Bernardino, CA 92418
28
DAB/Js [Jointly.Agr] 2 January 24, 1994
j AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
2 To the Community Agency Administrator
Development Commission: Economic Development Agency
3 of the City of San Bernardino
300 North "D" Street
4 San Bernardino, CA 93401
5 Nothing in this paragraph shall be construed to prevent the
6 giving of notice by personal service.
7 IN WITNESS WHEREOF the parties have executed this Agreement
8 on the day and date first above shown.
9 CITY OF SAN BERNARDINO
10
11 BY:
Tom Minor, Mayor
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13 ATTEST:
14
15 City Clerk
16 Approved as to Form
and Legal Content:
i7 JAMES F. PENMAN,
i8 City Attorney
19 By
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21 BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
22
23 By:
24 ATTEST:
25
26 Secretary
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DAB/ja [Jointly.Agr] 3 January 24, 1994
1 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
2 COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
3 SAN BERNARDINO
4
By:
5 Tom Minor, Chairman
6 ATTEST:
7
Secretary
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Approved as to Form
9 and L e g a 1 Co t t
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Agency Co sel
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DAB/ja [Jointly.Agr] 4 January 24, 1994
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
TO: Shauna Clark, City Administrator
Timothy Steinhaus, Economic Development Agency
Administrator
Bernard Kersey, Water Department General Manager
FROM: Dennis A. Barlow, Sr. Asst. City Attorney
DATE: January 24, 1994
RE: Washington, D.C. Consultant Agreement
The previous one year agreement to jointly fund a Washington, D.C.
Consultant has expired so we have drafted a new agreement. So that
this agreement need not come up every year for review, we have put
a 5 year term with the right to terminate in writing thirty (30)
days before the end of any year of the term.
DE NIS A. ARLOW
DAB/js [Jointly.Mem]