HomeMy WebLinkAbout30 City AdministratorCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Fk_ . Fred Wilson, City Administrator Subject: A Resolution authorizing a Services
Agreement with Public Enterprise Group for the
Dept: City Administrator's Office purpose of developing public - private partnerships
with private corporations and other entities and
Date: August 30, '1999 persons
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution, and authorize the Director of Finance to amend the Fiscal Year 1999 -2000 budget to
reflect an increase! of $26,000 to the City Administrator's Office budget (Account No. 001 - 101 - 5502), and an
increase of $50,000 in projected General Fund revenues.
Signature
Contact person: Fred Wilson /Lori Sassoon
Supporting data attached: Staff report; resolution
Phone: 5122
Ward: All
FUNDING REQUIREMENTS: Amount: $26,000, plus commissions; potential net new revenue of
$50,000 - $100,000 annually
Source: (Acct No) 001 - 101 -5502
(Acct Description) City Administrator's Office
Finance;
Council Notes:
Agenda Item No.
9/7/99
STAFF REPORT
Subject:
Service Agreement with The Public Enterprise Group to negotiate revenue - generating
partnership agreements between the City and private corporations.
Background:
In the last few years, public entities have begun to explore partnerships with corporations. These
partnerships typically provide revenue to the City, in return for certain marketing privileges
within the City's jurisdiction. In California, notable partnerships include:
• The City of Huntington Beach's partnership with Coca -Cola provides a guaranteed
$300,000 a year for ten years to the city. Huntington Beach also secured other non -
revenue benefits such as the renovation of one park per year; a mural program for
graffiti -prone areas; lockers installed at the beach for pubic use; and mobile vending
units that share revenues with local non - profit organizations.
• The City of Garden Grove's partnership with Pepsi will provide a guaranteed
$100,000 per year for the city over ten years. Other benefits provided include free
product for the city, and financial support for community events.
• The City of Sacramento's "Capital Spirit" program is seeking to establish
partnerships with beverage, credit card, motor fuel, office supply, and coffee
companies for sponsorships. It already has a sponsorship agreement with Pepsi that
provides more than $500,000 a year for the next ten years.
Proposed Agreement:
Staff has approached the Public Enterprise Group (Public Enterprise), the firm that acted as the
agent for the cities of Huntington Beach and Garden Grove in the above - listed partnership
agreements. The firm receives a fee (in sales terms, a "draw ") plus a commission on revenues
received as a result of partnerships negotiated on behalf of the city. The draws are credited
against the commissions due to the firm.
Because of Public Enterprise's successful track record, it is proposed that the City enter into an
agreement with the firm to secure partnerships with private entities. The consultant will
aggressively market this partnership opportunity to appropriate corporations, using their contacts
in the corporate community and following the marketing plan as prescribed in the Agreement. It
is anticipated that the City can expect the resulting partnership agreements to produce anywhere
from $50,000 - $100,000 annually for the General Fund.
In the past, the City has been approached by beverage companies for placement of vending
machines, and some City entities have vending contracts with such companies that provide a
commission on sales. The goal of this process, however, is the successful development of
comprehensive partnerships rather than simple sponsorship agreements. Sponsorships involve
the payment of a fee or in -kind service in return for brand exposure and sales rights. In
comparison, partnerships provide for a long term relationship between both entities and a
commitment to partner for the enhancement of a common goal. In the Huntington Beach
example, the partnership includes cash and the commitment to improve parks facilities through
promotional campaigns with local retail distributors. In addition to providing ongoing revenues,
the public benefits with tangible improvements to recreation facilities.
Agreement Provisions:
Under the terms of the proposed Agreement between the City and Public Enterprise, the
consultant will follow a phased process. A list of possible corporate partners will be developed
by the consultant and approved by the City Administrator. Working closely with City staff, a
package of partnership benefits will then be prepared that could be offered by the City to each
identified business. The package will include the types of advertising and placement the City
would accept, as well as other benefits. Again, this package will be approved by the City
Administrator.
Public Enterprise will then implement the marketing plan, and negotiate with interested parties to
obtain letters of intent indicating the entity's willingness to enter into a partnership agreement.
These letters will be referred to the City Administrator, who will then develop the agreement
with the assistance of the consultant. All agreements will be subject to final approval by the
Mayor and Council. While the agreement is in effect, Public Enterprise will have the exclusive
right to obtain corporate partnerships on behalf of the City.
The consultant will receive 12% commission on the first partnership agreement, and 7% of each
subsequent agreement. The consultant will also receive $16,000 in draws that are credited
against any commissions paid, and reimbursement of approved expenses of up to $10,000. It
should be noted that Sacramento paid $95,000 plus 15% commission to a marketing company,
with none of the initial fee credited against commissions.
In these partnerships, both the public entities and corporate sponsors are concerned about the
potential for community facilities and programs being inundated with the over - exposure of
corporate identification, such as signage and other advertising. This issue will be addressed to
the satisfaction of the City in any partnership presented for final approval by the consultant.
The proposed Agreement is attached to the resolution.
Financial Impact:
An increase of $26,000 to the City Administrator's Office budget is required to fund the draws
and expenses of the consultant. This cost will be offset by increased revenues to the General
Fund that are conservatively projected at $50,000. There is some financial risk, in that the
consultant does not guarantee a partnership agreement will be reached. However, as the City has
i
already been approached by corporations in the past, staff believes this Agreement will have a
very positive financial impact.
The City reserves the right to approve or reject any or all partnership agreements that are
proposed by Public Enterprise. In the event that these partnerships are not approved, the City is
under no obligation to pay commissions. Commissions will be paid only on actual revenues
received by the City.
Recommendations:
It is recommended that the Mayor and Council adopt the resolution authorizing the agreement
with the Public Enterprise Group, and approve the budget amendment.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator Subject: A Resolution authorizing a Services
Agreement with Public Enterprise Group for the
Dept: City Administrator's Office purpose of developing public - private partnerships
"I , ; with private corporations and other entities and
Date: August 30, 1999 l A L persons
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution, and authorize the Director of Finance to amend the Fiscal Year 1999 -2000 budget to
reflect an increase of $26,000 to the City Administrator's Office budget (Account No. 001 - 101 - 5502), and an
increase of $50,000 in projected General Fund revenues.
4-lei-
Signature
Contact person: Fred Wilson /Lori Sassoon Phone: 5122
Supporting data attached: Staff report; resolution Ward: All
FUNDING REQUIREMENTS: Amount: $26,000, plus commissions; potential net new revenue of
$50,000 - $100,000 annually
Source: (Acct. No.) 001 - 101 -5502
(Acct. Description) City Administrator's Office
Finance: A.. h Cj
Council Notes:
Agenda Item No. :>V
9 / '7/99
STAFF REPORT
Subject:
Service Agreement with The Public Enterprise Group to negotiate revenue - generating
partnership agreements between the City and private corporations.
Background:
In the last few years, public entities have begun to explore partnerships with corporations. These
partnerships typically provide revenue to the City, in return for certain marketing privileges
within the City's jurisdiction. In California, notable partnerships include:
• The City of Huntington Beach's partnership with Coca -Cola provides a guaranteed
$300,000 a year for ten years to the city. Huntington Beach also secured other non-
revenue benefits such as the renovation of one park per year; a mural program for
graffiti -prone areas; lockers installed at the beach for pubic use; and mobile vending
units that share revenues with local non - profit organizations.
• The City of Garden Grove's partnership with Pepsi will provide a guaranteed
$100,000 per year for the city over ten years. Other benefits provided include free
product for the city, and financial support for community events.
• The City of Sacramento's "Capital Spirit" program is seeking to establish
partnerships with beverage, credit card, motor fuel, office supply, and coffee
companies for sponsorships. It already has a sponsorship agreement with Pepsi that
provides more than $500,000 a year for the next ten years.
Proposed Agreement:
Staff has approached the Public Enterprise Group (Public Enterprise), the firm that acted as the
agent for the cities of Huntington Beach and Garden Grove in the above - listed partnership
agreements. The firm receives a fee (in sales terms, a "draw ") plus a commission on revenues
received as a result of partnerships negotiated on behalf of the city. The draws are credited
against the commissions due to the firm.
Because of Public Enterprise's successful track record, it is proposed that the City enter into an
agreement with the firm to secure partnerships with private entities. The consultant will
aggressively market this partnership opportunity to appropriate corporations, using their contacts
in the corporate community and following the marketing plan as prescribed in the Agreement. It
is anticipated that the City can expect the resulting partnership agreements to produce anywhere
from $50,000 - $100,000 annually for the General Fund.
In the past, the City has been approached by beverage companies for placement of vending
machines, and some City entities have vending contracts with such companies that provide a
commission on sales. The goal of this process, however, is the successful development of
comprehensive partnerships rather than simple sponsorship agreements. Sponsorships involve
the payment of a fee or in -kind service in return for brand exposure and sales rights. In
comparison, partnerships provide for a long term relationship between both entities and a
commitment to partner for the enhancement of a common goal. In the Huntington Beach
example, the partnership includes cash and the commitment to improve parks facilities through
promotional campaigns with local retail distributors. In addition to providing ongoing revenues,
the public benefits with tangible improvements to recreation facilities.
Agreement Provisions:
Under the terms of the proposed Agreement between the City and Public Enterprise, the
consultant will follow a phased process. A list of possible corporate partners will be developed
by the consultant and approved by the City Administrator. Working closely with City staff, a
package of partnership benefits will then be prepared that could be offered by the City to each
identified business. The package will include the types of advertising and placement the City
would accept, as well as other benefits. Again, this package will be approved by the City
Administrator.
Public Enterprise will then implement the marketing plan, and negotiate with interested parties to
obtain letters of intent indicating the entity's willingness to enter into a partnership agreement.
These letters will be referred to the City Administrator, who will then develop the agreement
with the assistance of the consultant. All agreements will be subject to final approval by the
Mayor and Council. While the agreement is in effect, Public Enterprise will have the exclusive
right to obtain corporate partnerships on behalf of the City.
The consultant will receive 12% commission on the first partnership agreement, and 7% of each
subsequent agreement. The consultant will also receive $16,000 in draws that are credited
against any commissions paid, and reimbursement of approved expenses of up to $10,000. It
should be noted that Sacramento paid $95,000 plus 15% commission to a marketing company,
with none of the initial fee credited against commissions.
In these partnerships, both the public entities and corporate sponsors are concerned about the
potential for community facilities and programs being inundated with the over - exposure of
corporate identification, such as signage and other advertising. This issue will be addressed to
the satisfaction of the City in any partnership presented for final approval by the consultant.
The proposed Agreement is attached to the resolution.
Financial Impact:
An increase of $26,000 to the City Administrator's Office budget is required to fund the draws
and expenses of the consultant. This cost will be offset by increased revenues to the General
Fund that are conservatively projected at $50,000. There is some financial risk, in that the
consultant does not guarantee a partnership agreement will be reached. However, as the City has
already been approached by corporations in the past, staff believes this Agreement will have a
very positive financial impact.
The City reserves the right to approve or reject any or all partnership agreements that are
proposed by Public Enterprise. In the event that these partnerships are not approved, the City is
under no obligation to pay commissions. Commissions will be paid only on actual revenues
received by the City.
Recommendations:
It is recommended that the Mayor and Council adopt the resolution authorizing the agreement
with the Public Enterprise Group, and approve the budget amendment.
I COPY
I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE
MAYOR TO EXECUTE A SERVICES AGREEMENT WITH PUBLIC ENTERPRISE
2 GROUP FOR THE PURPOSE OF DEVELOPING PUBLIC - PRIVATE
PARTNERSHIPS WITH PRIVATE CORPORATIONS AND OTHER ENTITIES AND
3 PERSONS
4 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL AS
5 FOLLOWS:
7 6
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of said City a Services Agreement with Public Enterprise
9 Group, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
10 reference as fully as though set forth at length.
11 SECTION 2. This resolution is rescinded if the parties to the Agreement fail to
12 execute it within sixty (60) days of the passage of this resolution.
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ya. Jd
Q /71D1-'7
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE
MAYOR TO EXECUTE A SERVICES AGREEMENT WITH PUBLIC ENTERPRISE
2 CROUP FOR THE PURPOSE OF DEVELOPING PUBLIC - PRIVATE
PARTNERSHIPS WITH PRIVATE CORPORATIONS AND OTHER ENTITIES AND
3 PERSONS
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on the
7
_ day of
8
Council Members:
9
ESTRADA
10
LIEN
11
MC GINNIS
12
13
SCHNETZ
14
(vacant)
15
ANDERSON
16
MILLER
17
18
19
20
, 1999, by the following vote, to wit:
AYES NAYS ABSTAIN ABSENT
The foregoing ordinance is hereby approved this
21
22
23
24 Approved as to
25 Form and legal content:
26 AMES F. PENMAN,
27 ity Attorney
28
By : ,C
City Clerk
day of '1999.
Judith Valles, Mayor
City of San Bernardino
C I T Y O F
an Bernardino
R A C H E L C L A R K
C I T Y C L E R K
August 14, 1999
Mr. Don Shulte, President
The Public Enterprise Group
215 1Vlain Street
Huntington Beach, CA 92648
Dear Mr. Shulte:
At the Mayor and Common Council meeting of September 7, 1999, the City of San
Bernardino adopted Resolution 1999 -227 authorizing an agreement for developing
public- private partnerships.
Enclosed are two (2) original agreements. Please sign in the appropriate location and
return one original agreement to the City Clerk's Office, ATTN: Melanie Miller, P.
O. Box 1318, San Bernardino, CA, 92418 as soon as possible.
Please retain one original executed document for your files.
Please be aware that the documents are null and void if not executed within sixty (60)
days -- November 6, 1999.
If you have any questions, please do not hesitate to contact me at (909) 384 -5002.
Sincerely,
Melanie Miller
Senior Secretary
P. O. B O X 1 3 1 8, S A N B E R N A R D 1 N O, C A 8 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N 0.
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2
( 9 0 9) 3 8 4 5 1 0 2 F A X -( 9 0 9) 3 8 4- 5 1 5 8
T D D/ T T Y -( 9 0 9) 3 8 4 . 5 5 4 0
1999 -227
SERVICES AGREEMENT
THIS AGREEMENT is entered into this 7th
e d�
i�
day of
September, 1999, by and between PUBLIC ENTERPRISE GROUP, A California
corporation ( "CONSULTANT') and the CITY OF SAN BERNARDINO ( "CITY ")
WITNESSETH:
WHEREAS, the City desires to retain the services of Consultant for the
purpose of developing public - private partnerships with private corporations and
other entities and persons; and
WHEREAS, Consultant possesses unique skills in bringing together public
entities and private entities fin new and creative ways that mutually benefit both
parties;
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Scope of Work
Consultant is hereby retained by City to engage in negotiations for the
purpose of procuring the establishment of corporate partnership agreements
between the City and private entities in accordance with the following phases.
A. Phase I:
Consultant shall develop a list of business entities that potentially could
become corporate partners. The list shall be presented by no later than
November 1, 1999, to the City Administrator for approval.
B. Phase II:
Upon written approval of the list of acceptable businesses by the City
Administrator, Consultant shall develop a package of partnership and /or
1999 -227
associated advertising and sponsorship benefits that could be offered to
each identified business entity by not later than January 1, 2000. The City
Administrator shall give written approval of each package.
C. Phase III:
Within 60 days approval of each package as described in Phase II, agent
shall develop a marketing plan for each partnership package, describing
the types of advertisements that the City may be willing to accept. The
marketing plan may include brochures, presentations, models, and site
visits to the potential partner businesses. The marketing plan will be
approved in writing by the City Administrator.
D. Phase IV:
Consultant shall implement the marketing plan, approaching City-
approved businesses within timelines mutually agreed upon by both the
Consultant and the City Administrator.
E. Phase V:
Consultant shall negotiate a partnership agreement with one or more
business entities. Consultant shall obtain letters of intent from each
business entity indicating the entity's willingness to enter into a partnership
agreement with the City. These letters shall be referred to the City
Administrator for preparation of agreements between each business entity
and the City. All agreements shall be subject to final approval of the
Mayor and Common Council. The City may require time to investigate the
2
1999 -227
appropriateness of the proposed partnership agreement before granting or
withholding approval.
F. Phase VI:
The Mayor and Common Council retain complete authority to disapprove
any proposed agreement, including agreements that have resulted from
marketing plans previously granted approval. The City shall have no
obligation under any circumstances to pay Consultant commissions on a
given agreement, if such a proposed agreement is denied.
Section 2. Additional Consultant Duties and Obligations
A. Consultant shall exercise his best efforts, using his skill, experience, and
knowledge to the best of his professional ability in providing the services required
under this Agreement.
B. Consultant shall
inform City of any
fact or
occurrence that affects City
interests. Consultant
shall also disclose
to City
any personal, business, or
financial interest, including but not limited to any ownership interest in,
representation of, or employment by any person or firm providing any product or
service that competes with any product or service by City that may actually or
potentially impair or otherwise affect Consultant's ability to represent the City's
interest to the maximum extent contemplated by this Agreement.
C. Consultant shall have no power or authority to contract directly with any
third party in connection herewith or in any manner on behalf of the City.
Consultant shall inform all prospective parties seeking corporate partnerships
3
1999 -227
that the Mayor and Common Council of the City of San Bernardino retains the
sole, unfettered discretion to enter into a corporate partnership agreement.
D. Consultant shall not serve any of the City's competitors with respect to any
of the business entities with whom the City is seeking a partnership agreement,
without prior disclosure and specific written approval by the City.
E. Pursuant to the California Political Reform Act, Consultant shall be
considered to be a "consultant" subject to the terms of the Act, within the
meaning of the various regulations the Fair Political Practices Commission has
promulgated concerning consultants. Consultant shall file a Statement of
Economic Interest with the City Clerk upon execution of this Agreement, and
subsequently on an annual basis and upon termination of this Agreement.
Further, Consultant shall comply with California Government Code Section
1090..
F. Consultant shall review and become familiar with the San Bernardino City
Charter.
Section III. Compensation and Expenses.
A. Consultant shall receive a twelve percent (12 %) commission on total gross
revenues generated by the first partnership agreement procured by Consultant
and Formally approved by the Mayor and Common Council, less the credit
described in Section III, Part D below. It is understood that this commission will
be paid on actual revenues received during the partnership agreement, with the
each installment to be paid within ninety (90) days following receipt of revenues
by the City.
4
1999 -227
B. Consultant shall receive a seven percent (7 %) commission on all
partnership agreements subsequent to the first such agreement, less any
remaining credit applicable in accordance with Section III, Part D below.
C. The packaging and pricing of partnership agreements may be changed by
the City at its discretion from time to time, and Consultant shall not receive any
increased commission as a result of such change, unless Consultant negotiated
the change. If the City's revenues from a partnership agreement are reduced,
then the commissions due shall be reduced accordingly. Commissions shall only
be paid from total gross revenues and on a project by project cash accounting
basis. City shall have no obligation to pay commissions on benefits received
pursuant to a partnership agreement where the benefits are of a non -cash
nature, including but not limited to provision of property or services to the City.
D. Consultant shall receive four (4) recoverable draws against future
commissions. The total of the draws due shall be sixteen thousand dollars
($16,000). These draws shall be paid as follows:
a. $4,000 upon execution of this Agreement;
b. $4,000 30 days after execution of this Agreement;
c. $4,000 60 days after execution of this Agreement;
d. $4,000 90 days after execution of this Agreement.
The draws shall be credited against any commissions due Consultant under this
Agreement.
5
1999 -227
E. City shall reimburse Agent's travel, printing, and other out -of- pocket
expenses, not to exceed Ten Thousand Dollars ($10,000). The City
Administrator shall approve all expense reimbursements.
Section 4. Exclusivitv.
Consultant shall have the exclusive right for acquiring corporate
partnership agreements for the term of this Agreement.
Section 5. Representation to Sponsors.
Consultant shall not make any statements or representations to
prospective partners or other promotional benefits that could mislead or confuse
the partners. Consultant shall indemnify, hold harmless and defend the City from
and against any and all claims, damages, liabilities, losses, costs, charges, and
expenses (including reasonable attorney's fees) resulting therefrom, which may
be brought in connection with or arising from any such statements or
representations.
Section 6. Indemnity.
Consultant shall indemnify, defend and hold harmless the City, its officers,
employees and agents (including, without limitation, reasonable costs of defense
and reasonable attorneys' fees) arising out of or related to City's performance of
this Agreement, except that such duty to indemnify, defend and hold harmless
shall not apply where injury to person or property is caused by City's willful
misconduct or negligence. City shall indemnify, defend and hold harmless the
Consultant, its officers, employees and agents (including, without limitation,
reasonable costs of defense and reasonable attorney's fees) arising out of or
9
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1999 -227
related to Consultant's performance of this Agreement, except that such duty to
indemnify, defend and hold harmless shall not apply where injury to person or
property is caused by Consultant's willful misconduct or negligence. The costs,
salary and expenses of the City Attorney and members of his office in enforcing
this Agreement on behalf of City shall be considered as "attorneys' fees" for the
purposes of this paragraph.
Section 7. Insurance.
While not restricting or limiting the foregoing, during the term of this
Agreement, Consultant shall maintain in effect policies of comprehensive public,
general and automobile liability insurance, in the amount of $1,000,000.00
combined single limit, and statutory Worker's compensation coverage, and shall
file copies of said policies with the City's Risk Manager prior to undertaking any
work under this Agreement. City shall be set forth as an additional named
insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the City shall require the insurer to notify City of any
change or termination in the policy.
Section 8. No employment.
Consultant shall perform work tasks provided by this Agreement; but for
all intents and purposes Consultant shall be an independent contractor and not
an agent or employee of the City. Consultant shall not receive any salary,
bonuses, or employment benefits from the City. City makes no representations
or warranties about the total amount of commissions or other remuneration that
Agent may earn from the procurement of corporate partnership arrangements.
7
1999 -227
Section 9. Non - discrimination.
In the performance of this Agreement and in the hiring and recruitment of
employees, Consultant shall not discriminate on the basis of race, creed, color,
religion, sex, physical handicap, ethnic background or country of origin.
Section 10. Term; Severabili
A. The term of this Agreement shall be twenty -four (24) months, commencing
on the date of execution of this Agreement by the parties hereto.
B. Any time after ninety (90) days following the execution of this Agreement,
this Agreement may be terminated without cause upon thirty (30) days written
notice by either Consultant or City.
C. In the event Consultant or any employee of Consultant breaches this
Agreement when performing services on behalf of City for the benefit of City, City
shall have the right to terminate this Agreement immediately upon written notice
to Consultant. City shall have no obligation to pay Consultant commissions in
connection with any matter for which Consultant was terminated for cause.
Termination of this Agreement by City shall not limit any other right or remedy
which City may have under this Agreement, at law or in equity.
D. If the City terminates this agreement without cause, Consultant shall be
paid the commission provided for in Section 2 of this Agreement, if the
partnership agreement is executed within 180 calendar days after the termination
of this Agreement, and the Consultant has had negotiations with the entity that
entered into the partnership agreement prior to the termination of this Agreement,
8
1999 -227
provided that the City had received notice in writing from Consultant of the
names of the prospective sponsors before or upon termination of this Agreement.
Section 11. Entire Agreement; Amendment.
This Agreement comprises the entire agreement of and between the
parties with respect to the subject matter hereof. This Agreement may be
amended or supplemented only by written agreement of City and Consultant.
Section 12. Waiver of Breach.
Any failure of Consultant and City to comply with any provision of this
Agreement may be expressly waived in writing, but such waiver shall not be
construed as a waiver of or an estoppel with respect to any subsequent or other
breach.
Section 13. Assignment; Successors and Assigns.
Consultant shall have no right to assign, sell, transfer or delegate, whether
involuntary or by operation of law, any right or obligation under this Agreement
without the prior written consent of City. Any purported assignment, transfer or
delegation in violation of this section shall be null and void. Subject to the
foregoing limits on assignment and delegation, this Agreement shall be binding
and shall inure to the benefit of the parties and their respective successors and
assigns.
Section 14. Controlling Law.
The validity, interpretation, and performance of this Agreement shall be
controlled by and construed under the laws of the State of California.
9
1999 -227
Section 15. Notices.
Any notice to be given pursuant to this Agreement shall be deposited with
the United Postal Services, postage prepaid and addressed as follows:
TO THE CITY: City Administrator's Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile (909) 384 -5138
TO THE CONSULTANT: Don Shulte, President
The Public Enterprise Group
215 Main St.
Huntington Beach, CA 92648
Notice may also be given by facsimile ( "fax ") during regular business hours to the
numbers listed above, and such notice shall be deemed given upon receipt as
reflected in a transmission verification. Nothing in this paragraph shall be
construed to prevent the giving of notice by personal service.
10
I A
1999 -227
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above written.
Date: September
The Public Enterprise Group,
a California corporation
Date:
ATTEST:
A ,�
Rac el Clark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
Jan
, 1999
11
CITY OF SAN BERNARDINO
Date: