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HomeMy WebLinkAbout33-City Administrator - - --- - - - CITY OF SAN BERNaDINO - REQUEST F. COUNCIL ACTION FI: o . Shauna Edwins City Administrator Subject: Agreement with Herb Pollock for consulting services. Date: 2/11/91 Synopsis of Previous Council action: Recommended motion: Adopt resolution. e h//?J?/#~#/}./ , S ignatu re 5122 Contact person: C::n::ann:a FQ'lo.rin& Phone: Supporting data attached: yes Ward: Amount: $1 qrRnn (3 months, $9,900) FUNDING REQUIREMENTS: Source: (Acct. No.) (Acct. DescriPtion) salary savings Finance: (4,-\ v~ -- ceil Notes: 75-0262 Agenda Item No. 33 CITY OF SAN BERN4DINO - REQUEST F. COUNCIL ACTION . . . 75.0264 STAFF REPORT The adoption of the new Development Code and the changes in the processing requirements will result in some initial confusion and an increase in complaints concerning the City's development processes. To combat this, I am recommending that Herb Pollock be brought on board for the next three months, with a three month extension,to help with the transition. Mr. Pollock was a member of the CAC which developed the present General Plan and is a retired general contractor. He is a resident of the City of San Bernardino and is involved with several community organizations. As a private businessman, he will be able to help us bridge the gap between City Hall and the development and building community. Specifically, he will be charged with introducing the Development Code to community organizations, the BlA, the Chamber of Commerce, etc. He will attend all ERC and DRC meetings for the purpose of observing the development process. Mr. Pollock will investigate complaints recommendations for better delivery of services. and make Attached is a copy of the proposed consultant agreement for Mr. Pollock. 23 FLORES 24 MAUDSLEY 25 MINOR 26 POPE-LUDLAM e 27 MILLER 28 e e - - - ---- . . RESOLUTION 1 2 3 4 5 6 7 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HERBERT POLLOCK RELATING TO PERFORMING CONSULTING SERVICES FOR THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to execute on behalf of said City an agreement with Herbert Pollock relating to performing consulting services 8 for the City of San Bernardino, a copy of which is attached 9 hereto, marked Exhibit "A" and incorporated herein by reference 10 as fully as though set forth at length. 11 12 13 SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the 14 passage of this resolution. 15 16 17 18 19 20 21 22 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1991, by the following vote, to wit: day of Council Members: AYES NAYS ABSTAIN ESTRADA REILLY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 . e RESOLUTION A.ORIZING AGREEMENT WITH H~ POLLOCK FOR CONSULTING S ICES. City Clerk The foregoing resolution is hereby approved this day of , 1991. W. R. HOLCOMB, MAYOR City of San Bernardino Approved as to form and legal content: JAMES City F. PENMAN ttorney I~ v~7.;~ By 2/12/91 -2- I , ..4 e e e . . A~E~~M~HT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIS AGREEMENT is made this day of 1991, between the CITY OF SAN BERNARDINO, hereinafter referred to as "City", and HERBERT POLLOCK, 3572 parkside Drive, San Bernardino, California 92404, hereinafter referred to as "Consultant." City and Consultant agree as follows: 1. General Descriotion of Work to be Done. City hereby engages Consultant, and Consultant hereby accepts such engagement, to perform the following services for the compensation herein provided. Coordinates implementation of Development Code including, but not limited to, meeting with various organizations, service clubs and development interests regarding the changes in the processing requirements and other appeals of the Code. Assesses the need for public service enhancements to facilitate image of the Planning and Building Departments as "customer friendly"; attends all DRC/ERC meetings for the purpose of observing and helping to facilitate development processing; and responds to complaints and other concerns relating to development issues. Consultant hereby assures and covenants to City that he has the qualifications and experience to properly perform said services, and hereby agrees to undertake and complete the performance thereof for the compensation herein provided. 2. Term of Aareement. The term of this agreement shall commence February 18, 1991 and end May 18 ,1991. This agreement may be extended on a month to month basis for a maximum of three (3) months upon the express written consent of Consultant to such extension and the .. e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . thereof by the City Administrator. PaYment and provision for PaYment. Maximum Compensation. (1) Maximum total compensation to be paid under this agreement shall be $19,800. Payment to Consultant this agreement in no event shall calendar month. B. Manner of Compensation. (1) Consultant shall maintain and file with the city Administrator a record of all hours worked on assigned projects. said projects shall be assigned and supervision of Consultant shall be by the City Administrator. (2) The city Administrator shall submit a claim or request for payment based on such record to the Finance Department in such manner that the Consultant shall be paid monthly. approval 3. A. for services provided under exceed $3,300 within any (3) Consultant shall assume and pay all out of pocket expenses and costs of performing services under this agreement except as otherwise specifically provided herein, and City shall not be liable for any such costs and expenses. 4. Amendment. This agreement may be amended or modified only by written agreement executed by both parties. 5. Assiqnment. Consultant's rights under this agreement shall not be assigned by Consultant to any other person, firm or corporation without the prior written consent of the city. 6. Relationshio of Parties. Consultant is acting as an independent contractor, and -2- e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . not as an employee of the City. In the performance of personal services pursuant to the provisions of this agreement, Consultant shall not be supervised, directed or under the control or authority of any City officer or employee, except and to the extent as may be expressly or implicitly required by the terms and provisions of this agreement. Any direction or contr- ol so required under this agreement shall be limited to broad objectives or goals of the project or program to be accomplished and not to the details and procedures to accomplish such objectives or goals. Consultant shall not be obligated to conform to the supervision or direction of City officers or employees which are not authorized herein. Changes or modifications of said objectives and goals may be made by written recommendations of either party subject to the concurrence of the other party in writing. 7. Hold Harmless. Consultant hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claim for damage for personal injury, including death, as well as from Consultant's operations under this agreement. Consultant agrees to, and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suit or actions at law or in equity for damages caused or alleged to have been caused by reason of Consultant's performance hereunder including any claims that may arise against City by reason of Consultant's legal relationship with City being categorized as other than that of an independent contractor. -3- e e e 8. ~nev's Fees . ... In the event an action is filed by either party to 1 enforce rights under this Agreement, the prevailing party shall 2 be entitled to recover reasonable attorney's fee in addition to 3 any other relief granted by the court. 4 9. Termination bv city . 5 Notwithstanding any other provision of this Agreement, 6 the city, by notifying Consultant in writing, may terminate all 7 or a portion of the services agreed to be performed under this 8 Agreement with or without cause. Consultant shall be given five 9 (5) days' written notice for failure of Consultant to perform 10 obligations under the contract in a satisfactory manner, and 11 thirty (30) days' written notice if termination is for other 12 reasons. Notice shall be mail posted to the address set forth 13 herein for the receipt of notices. In the event of any 14 termination, Consultant shall have the right and obligation to 15 immediately assemble work in progress and forward same to the 16 City. All charges outstanding at the time of termination shall 17 be payable by the City to Consultant within thirty-five days 18 following submission of final statement by the Consultant. 19 10. Acceotance of Final PaYment Constitutes Release 20 The acceptance by Consultant of the final payment made 21 according to the terms of this Agreement shall operate and be a 22 release to the City, and every employee and agent thereof, from 23 all claims and liabilities to Consultant for anything done or 24 furnished for or relating to the work or services, or for any 25 act or failure to act of the City relating to or arising out of 26 work and this Agreement. 27 11. Acknowledqement 28 (a) Consultant acknowledges and agrees that City is the -4- - - sole and exctlbive owner of all rights~d remedies in and to certain confidential ideas and secrets concerning the operations 1 of City, any products or information resulting, in whole or in 2 part, from the work performed under this agreement, and all 3 products or information derived or to be derived from said work, 4 regardless of whether City's or Consultant's work is subject to 5 patent, copyright, or other protection. 6 (b) In the event that any work performed under this 7 agreement is or becomes the subject of a patent application, 8 patent, copyright, or other rights under the laws of the United 9 states or any other country, Consultant agrees and understands 10 that City shall have all the rights and remedies available to 11 City under the law as a result of such patent applications, 12 patents copyrights, or other rights. 13 12. Notices. ~ 14 Any notice required to be given hereunder shall be deemed 15 to have been given by depositing said notice in the united ~ 16 States mail, postage prepaid, and addressed as follows: 17 18 19 20 21 22 City: Consultant: Rachel Krasney, City Clerk 300 North "0" Street San Bernardino, Ca 92418 Herbert Pollock 3572 Parks ide Drive San Bernardino, Ca 92404 15. Entire Aqreement . 23 This contract constitutes the entire Agreement between 24 city and Consultant and may be modified only by further written 25 agreement between the parties. 26 IN WITNESS WHEREOF, this Agreement has been executed by ~ 27 the parties effective as of the date and year first above 28 written. -5- RESO. AUTHORIZI~THE EXECUTION OF AN AGREEMENT ~ HERBERT POLLOCK RELATING TO PERFORMING C~LTING SERVICES FOR THE CITY O~ BERNARDINO e 1 2 CITY OF SAN BERNARDINO, a Municipal Corporation of ATTEST: State of California 3 4 5 Rachel Krasney W. R. Holcomb, Mayor city Clerk City of San Bernardino 6 7 8 Herbert Pollock 9 10 Approved as to form and legal content: 11 12 mes F. Penman 13 ity Attorney e 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 2/12/91 -6- ---------