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HomeMy WebLinkAbout10-Code Enforcement CITY OF SAN BERNARDINO - REQUEST FOR COUNCII,QcRlgN)NAL From: Glenn Baude, Director of Subject: Resolution authorizing the Code Enforcement/Operation execution of a Consultant Services Phoenix Agreement with Raphael Rawls for Operation Phoenix Community Outreach Dept: Code Enforcement Liaison Services Date: December 5, 2007 M/CC Meeting Date: December 17, 2007 Synopsis of Previous Council Action: November 19, 2007—Council approved expansion of Operation Phoenix Recommended Motion: Adopt resolution. Az� i Signature Contact person: Glenn Baude, Kent Paxton Phone: 5205 Supporting data attached: staff rem, reso Ward: All FUNDING REQUIREMENTS: Amount: $36,400 for FY 2007-08 Source: (Acct. No.) (Acct. Description) Finance: Council Notes: el_::75o o2U0'7— -��- Agenda Item No. STAFF REPORT Subject: Resolution authorizing the execution of a Consultant Services Agreement with Raphael Rawls for Operation Phoenix Community Outreach Liaison Services Background: As part of the Mayor and Common Council's November 19 action approving the expansion of Operation Phoenix, the budget included funds to hire a coordinator ("Community Liaison") to assist with Operation Phoenix. This Operation Phoenix Community Liaison will not only be charged with building working relationships with individuals and partner organizations in the target area, but will be responsible for coordinating various meetings and events that are important to the Operation Phoenix strategy. With the expansion of the program from a single area to three (3) areas, this additional assistance will be necessary to provide adequate staffing and coordination. As a result on the November 19 action, staff is recommending that the Mayor and Council approve a Consultant Services Agreement with Raphael Rawls to act as the Operation Phoenix Community Liaison. Rather than hiring the Community Liaison as a City employee, which was originally indicated in the November 19 agenda materials, this consulting arrangement is now recommended. Since the position is only funded for seven months it is better to have this as a contract position than as a City employee to eliminate the possibility of a layoff in June. Mr. Rawls is currently employed with Congressman Baca's office, and is a resident of San Bernardino. The Scope of Services details the services that Mr. Rawls will be providing as Community Liaison, including facilitating community meetings, coordinating activities at all the Operation Phoenix sites, and building working relationships with partner non-profit and faith-based organizations. The agreement is for a period of seven (7) months, beginning December 17, 2007 and terminating June 30, 2008. The agreement does provide for extension of the term of the agreement if the Mayor and Council continue to fund Operation Phoenix beyond June 30, 2008. Financial Impact: The cost of the agreement is $5,200 per month, for a total of $36,400 over the contract term. Assuming the program is funded in FY 08-09,the cost will be $62,400. Recommendation: Adopt resolution. copy RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT 4 SERVICES AGREEMENT WITH RAPHAEL RAWLS FOR OPERATION PHOENIX COMMUNITY LIAISON SERVICES 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized 8 and directed to execute on behalf of said City a Consultant Services Agreement between 9 10 Raphael Rawls and the City of San Bernardino, which is attached hereto, marked Exhibit "A", 11 and incorporated herein by reference as fully as though set forth at length. 12 SECTION 2. The authorization to extend the above-referenced agreement is rescinded 13 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 14 resolution. 15 16 17 HI 18 19 20 21 22 23 /// 24 25 26 27 28 � ;2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONSULTANT 3 SERVICES AGREEMENT WITH RAPHAEL RAWLS FOR OPERATION PHOENIX COMMUNITY LIAISON 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 meeting thereof, held on the 7 day of , 2007, by the following vote,to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of _ 20 2007. 21 22 Patrick J. Morris, Mayor 23 City.of San Bernardino Approved as to form: 24 25 B 26 ames F. Pemnan 27 City Attorney 28 r 1 CONSULTANT SERVICE AGREEMENT 2 3 This Consultant Service Agreement is entered into this day of 2007, 4 by and between Raphael Rawls ("CONSULTANT") and the City of San Bernardino ("CITY") 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council have initiated an expansion of the 7 Operation Phoenix program to include two (2) additional focus areas, for a total of three (3) areas 8 throughout the City; and 9 WHEREAS, it is in the best interest of the CITY to acquire the services of a Consultant 10 to assist with community relations activities related to Operation Phoenix. 11 NOW, THEREFORE, the parties hereto agree as follows: 12 1. SCOPE OF SERVICES. ® 13 For the remuneration stipulated, CITY hereby engages the services of CONSULTANT to 14 provide those services as set forth in Exhibit "A", attached hereto and incorporated herein by this 15 reference. 16 2. COMPENSATION AND EXPENSES. 17 a. For the services delineated above, the CITY, upon presentation of invoices, shall e 18 pay the CONSULTANT the amount of$5,200 per month. No other expenditures made by 19 CONSULTANT shall be reimbursed by CITY. 20 3. TERM; SEVERABILITY. 21 The term of this Agreement shall be for the period beginning on December 17, 2007, and 22 terminating on June 30, 2008. This Agreement may be terminated at any time by thirty- (30) 23 days written notice by either party. The terms of this Agreement shall remain in force unless 24 mutually amended in writing. The duration of this Agreement may be extended by the written 25 consent of the City Manager, subject to funds for this Agreement being appropriated by the 26 Mayor and Common Council. 27 /// Page 1 of 5 Exhibit "A" 1 4. INDEMNITY. 2 CITY agrees to indemnify and hold harmless CONSULTANT, its officers, agents and 3 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 4 CITY's negligent acts or omissions arising from the CITY's performance of its obligations under 5 the Agreement. 6 CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, agents, 7 and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 8 CONSULTANT's negligent acts or omissions arising from the CONSULTANT's performance of 9 his obligations under the Agreement. 10 In the event the CITY and/or the CONSULTANT is found to be comparatively at fault 11 for any claim, action, loss, or damage which results from their respective obligations under the 12 Agreement, the CITY and/or CONSULTANT shall indemnify the other to the extent of its 13 comparative fault. 14 5. INSURANCE. 15 While not restricting or limiting the forgoing, during the term of this Agreement, 16 CONSULTANT shall maintain in effect policies of general liability and automobile liability 17 insurance, in the amount of$1 million combined single limit, and statutory worker's I18 compensation coverage if applicable, and shall file copies of said policies with the CITY's Risk 19 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 20 additional named insured in each policy of insurance provided hereunder. The Certificate of 21 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 22 termination in the policy. 23 6. NON-DISCRIMINATION. 24 In the performance of this Agreement and in the hiring and recruitment of employees, 25 CONSULTANT shall not engage in,nor permit its officers, employees or agents to engage in, 26 discrimination in employment of persons because of their race, religion, color national origin, 27 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or Page 2 of 5 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 2 12940 of the California Government Code. 3 7. INDEPENDENT CONTRACTOR. 4 CONSULTANT shall perform work tasks provided by this Agreement, but for all intents 5 and purposes CONSULTANT shall be an independent contractor and not an agent or employee 6 of the CITY. CONSULTANT shall-secure, at his expense, and be responsible for any and all 7 payment of Income Tax, Social Security, State Disability Insurance Compensation, 8 Unemployment Compensation, and other payroll deductions for CONSULTANT and his 9 officers, agents, and employees, and a City business license and any other necessary permits, if 10 any are required, in connection with the services to be performed hereunder. 11 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 12 CONSULTANT warrants that he possesses or shall obtain, and maintain a business 13 registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, 14 permits, qualifications, insurance and approval of whatever nature that are legally required of 15 CONSULTANT to practice his business or profession. 16 9. NOTICES. 17 Any notice to be given pursuant to this Agreement shall be deposited with the United 18 States Postal Service; postage prepaid and addressed as follows: 19 20 TO THE CITY: Director of Operation Phoenix 201B North "E" Street 21 San Bernardino, CA 92418 22 Telephone: (909) 384-5205 Facsimile (909) 384-5247 23 24 25 TO THE CONSULTANT: Raphael Rawls 1532 W. 16th St. 26 San Bernardino, CA 92405 Telephone: (909) 659-1033 27 ;;� Page 3 of 5 2 3 10. ATTORNEYS' FEES 4 In the event that litigation is brought by any party in connection with this Agreement, the 5 prevailing party shall be entitled to recover from the opposing party all costs and expenses, 6 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 7 rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions 8 hereof. The costs, salary and expenses of the City Attorney and members of his office in 9 enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the 10 purposes of this paragraph. 11 11. ASSIGNMENT. 12 CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or 13 encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's 14 prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be 15 void and shall constitute a breach of this Agreement and cause for the termination of this 16 Agreement. Regardless of CITY's consent,no subletting or assignment shall release 17 CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed 18 by CONSULTANT hereunder for the term of this Agreement. 19 12. VENUE. 20 The parties hereto agree that all actions or proceedings arising in connection with this 21 Agreement shall be tried and litigated either in the State courts located in the County of San 22 Bernardino, State of California or the U.S. District Court for the Central District of California, 23 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 24 mandatory and not permissive in nature. 25 13. GOVERNING LAW. 26 This Agreement shall be governed by the laws of the State of California. 27 14. SUCCESSORS AND ASSIGNS. Page 4 of 5 1- I This Agreement shall be binding on and inure to the benefit of the parties to this 2 Agreement and their respective heirs, representatives, successors, and assigns. 3 15. HEADINGS. 4 The subject headings of the sections of this Agreement are included for the purposes of 5 convenience only and shall not affect the construction or the interpretation of any of its 6 provisions. 7 16. ENTIRE AGREEMENT; MODIFICATION. 8 This Agreement constitutes the entire agreement and the understanding between the 9 parties, and supercedes any prior agreements and understandings relating to the subject manner 10 of this Agreement. This Agreement may be modified or amended only by a written instrument 11 executed by all parties to this Agreement. 12 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date AVON 13 set forth below. 14 15 Dated: ' 2007 CONSULTANT 16 By: 17 Raphael Rawls 18 Dated , 2007 CTY OF SAN BERNARDINO 19 By: 20 Fred Wilson, City Manager 21 Approved as to Form: Attest: 22 23 JAMES F. PENMAN, RACHEL CLARK, 24 City Attorney City Clerk 25 26 27 By: -- By: Page 5 of 5 Exhibit A: Scope of Services — Community Outreach Liaison As Community Outreach Liaison, Consultant shall provide the following services to the City in the Operation Phoenix target areas. Services shall be provided under the direction of the Director of Operation Phoenix or his/her designee: E Organizes and administers community meetings and other events • Facilitates and assists in coordination of various programs in the target areas • Coordinate activities of citizen volunteer workers; enlists the support of community organizations for community projects • Act as Liaison among partner agencies of Operation Phoenix, neighborhood associations, and other community groups • Builds positive working relationships with schools, faith-based community organizations, and non-profit community organizations Educates community stakeholders concerning the efforts of Operation Phoenix; speaks at community organizations • Works closely with City, County, Federal and State agencies to assist in the mitigation of neighborhood concerns 0 Perform other related duties as may be assigned by the Director of Operation Phoenix The Consultant shall provide a minimum of 45 hours per week of services to the City pursuant to this Agreement. Consultant shall provide a monthly report to the Director of Operation Phoenix or his/her designee summarizing the services provided pursuant to this Agreement. 1 CONSULTANT SERVICE AGREEMENT 2 3 This Consultant Service Agreement is entered into this day of 2007, 4 by and between Raphael Rawls ("CONSULTANT") and the City of San Bernardino ("CITY") 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council have initiated an expansion of the 7 Operation Phoenix program to include two (2) additional focus areas, for a total of three (3) areas 8 throughout the City; and 9 WHEREAS, it is in the best interest of the CITY to acquire the services of a Consultant 10 to assist with community relations activities related to Operation Phoenix. 11 NOW, THEREFORE, the parties hereto agree as follows: 12 1. SCOPE OF SERVICES. 13 For the remuneration stipulated, CITY hereby engages the services of CONSULTANT to 14 provide those services as set forth in Exhibit "A", attached hereto and incorporated herein by this 15 reference. 16 2. COMPENSATION AND EXPENSES. 17 a. For the services delineated above, the CITY, upon presentation of invoices, shall 18 pay the CONSULTANT the amount of$5,200 per month. No other expenditures made by 19 CONSULTANT shall be reimbursed by CITY. 20 3. TERM; SEVERABILITY. 21 The term of this Agreement shall be for the period beginning on December 17, 2007, and 22 terminating on June 30, 2008. This Agreement may be terminated at any time by thirty- (30) 23 days written notice by either party. The terms of this Agreement shall remain in force unless 24 mutually amended in writing. The duration of this Agreement may be extended by the written 25 consent of the City Manager, subject to funds for this Agreement being appropriated by the 26 Mayor and Common Council. 27 Page 1 of 5 i 1 4. INDEMNITY. 2 CITY agrees to indemnify and hold harmless CONSULTANT, its officers, agents and 3 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 4 CITY's negligent acts or omissions arising from the CITY's performance of its obligations under 5 the Agreement. 6 CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, agents, 7 and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 8 CONSULTANT's negligent acts or omissions arising from the CONSULTANT's performance of 9 his obligations under the Agreement. 10 In the event the CITY and/or the CONSULTANT is found to be comparatively at fault 11 for any claim, action, loss, or damage which results from their respective obligations under the 12 Agreement, the CITY and/or CONSULTANT shall indemnify the other to the extent of its 13 comparative fault. 14 5. INSURANCE. 15 While not restricting or limiting the forgoing, during the term of this Agreement, 16 CONSULTANT shall maintain in effect policies of general liability and automobile liability 17 insurance, in the amount of$1 million combined single limit, and statutory worker's 18 compensation coverage if applicable, and shall file copies of said policies with the CITY's Risk 19 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 20 additional named insured in each policy of insurance provided hereunder. The Certificate of 21 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 22 termination in the policy. 23 6. NON-DISCRIMINATION. 24 In the performance of this Agreement and in the hiring and recruitment of employees, 25 CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, 26 discrimination in employment of persons because of their race, religion, color national origin, 27 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or Page 2of5 1 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 2 12940 of the California Government Code. 3 7. INDEPENDENT CONTRACTOR. 4 CONSULTANT shall perform work tasks provided by this Agreement, but for all intents 5 and purposes CONSULTANT shall be an independent contractor and not an agent or employee 6 of the CITY. CONSULTANT shall secure, at his expense, and be responsible for any and all 7 payment of Income Tax, Social Security, State Disability Insurance Compensation, 8 Unemployment Compensation, and other payroll deductions for CONSULTANT and his 9 officers, agents, and employees, and a City business license and any other necessary permits, if 10 any are required, in connection with the services to be performed hereunder. 11 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 12 CONSULTANT warrants that he possesses or shall obtain, and maintain a business 13 registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, 14 permits, qualifications, insurance and approval of whatever nature that are legally required of 15 CONSULTANT to practice his business or profession. 16 9. NOTICES. 17 Any notice to be given pursuant to this Agreement shall be deposited with the United 18 States Postal Service, postage prepaid and addressed as follows: 19 20 TO THE CITY: Director of Operation Phoenix 201 B North "E" Street 21 San Bernardino, CA 92418 22 Telephone: (909) 384-5205 Facsimile (909) 384-5247 23 24 25 TO THE CONSULTANT: Raphael Rawls 1532 W. 16th St. 26 San Bernardino, CA 92405 27 Telephone: (909) 659-1033 Page 3 of 5 I 2 3 10. ATTORNEYS' FEES 4 In the event that litigation is brought by any party in connection with this Agreement, the 5 prevailing party shall be entitled to recover from the opposing party all costs and expenses, 6 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 7 rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions 8 hereof. The costs, salary and expenses of the City Attorney and members of his office in 9 enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the 10 purposes of this paragraph. 11 11. ASSIGNMENT. 12 CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or 13 encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's 14 prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be 15 void and shall constitute a breach of this Agreement and cause for the termination of this 16 Agreement. Regardless of CITY's consent, no subletting or assignment shall release 17 CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed 18 by CONSULTANT hereunder for the term of this Agreement. 19 12. VENUE. 20 The parties hereto agree that all actions or proceedings arising in connection with this 21 Agreement shall be tried and litigated either in the State courts located in the County of San 22 Bernardino, State of California or the U.S. District Court for the Central District of California, 23 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 24 mandatory and not permissive in nature. 25 13. GOVERNING LAW. 26 This Agreement shall be governed by the laws of the State of California. 27 14. SUCCESSORS AND ASSIGNS. Page 4 of 5 1 This Agreement shall be binding on and inure to the benefit of the parties to this 2 Agreement and their respective heirs, representatives, successors, and assigns. 3 15. HEADINGS. 4 The subject headings of the sections of this Agreement are included for the purposes of 5 convenience only and shall not affect the construction or the interpretation of any of its 6 provisions. 7 16. ENTIRE AGREEMENT; MODIFICATION. 8 This Agreement constitutes the entire agreement and the understanding between the 9 parties, and supercedes any prior agreements and understandings relating to the subject manner 10 of this Agreement. This Agreement may be modified or amended only by a written instrument 11 executed by all parties to this Agreement. j 12 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date 13 set forth below. 14 15 Dated: , 2007 CONSULTANT 16 By: 17 Raphael Rawls 18 Dated , 2007 CTY OF SAN BERNARDINO 19 By: 20 Fred Wilson, City Manager 21 Approved as to Form: Attest: 22 23 JAMES F. PENMAN, RACHEL CLARK, 24 City Attorney City Clerk 25 26 27 By: By: Page 5 of 5 Exhibit A: Scope of Services—Community Outreach Liaison As Community Outreach Liaison, Consultant shall provide the following services to the City in the Operation Phoenix target areas. Services shall be provided under the direction of the Director of Operation Phoenix or his/her designee: • Organizes and administers community meetings and other events • Facilitates and assists in coordination of various programs in the target areas • Coordinate activities of citizen volunteer workers; enlists the support of community organizations for community projects • Act as Liaison among partner agencies of Operation Phoenix, neighborhood associations, and other community groups • Builds positive working relationships with schools, faith-based community organizations, and non-profit community organizations • Educates community stakeholders concerning the efforts of Operation Phoenix; speaks at community organizations • Works closely with City, County, Federal and State agencies to assist in the mitigation of neighborhood concerns • Perform other related duties as may be assigned by the Director of Operation Phoenix The Consultant shall provide a minimum of 45 hours per week of services to the City pursuant to this Agreement. Consultant shall provide a monthly report to the Director of Operation Phoenix or his/her designee summarizing the services provided pursuant to this Agreement.