HomeMy WebLinkAbout11-City Attorney
. CITY OF SAN BERNARDINO
REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject:
City of San Bernardino and Community Development
Commission Resolutions Authorizing Execution Of
An Agreement For Professional Services With The
Harvey M. Rose Accountancy Corporation
Dept: CITY ATTORNEY
Date: July 19,2001
0""',.,. '" IL
'hi Vdh/.i
Synopsis of Previous Council Action:
None.
Recommended motion:
A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution on behalf of said City of an Agreement For Professional Services between Harvey M.
Rose Accountancy Corporation, the City of San Bernardino, and the City of San Bernardino
Economic Development Agency to conduct an audit of certain segments of the Economic
Development Agency's Acquisition, Rehabilitation and Resale and Mortgage Assistance
Programs.
B. Resolution of the Community Development Commission of the City of San Bernardino,
California, authorizing the execution on behalf of the City of San Bernardino Economic
Development Agency of an Agreement For Professional Services between Harvey M. Rose
Accountancy Corporation, the City of San Bernardino, and the City of San Bernardino Economic
Development Agency to conduct an audit of certain segments of the Economic Development
Agency's Acquisition, Rehabilitation and Resale and Mortgage Assistance Programs.
That said Resolutions be adopted.
L ':f.f~
o Signature
Contact person: James F. Penman
Phone:
5255
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None at this time.
Source:
Finance:
Council Notes:
A - M% ,1.1,;100 /-<93/
C - JV-<U:, ./.ft'/A.j;;!(h 1- ;;6
Agenda Item No.
11
STAFF REPORT
Council Meeting Date: July 23. 2001
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council and Community Development Commission
City Attorney's Office
July 19, 2001
Item # 11
The two resolutions authorizing execution of an Agreement for Professional Services with
the Harvey M. Rose Accountancy Corporation to conduct an audit of certain segments of the
Economic Development Agency's Acquisition, Rehabilitation and Resale and Mortgage Assistance
Programs presented under Agenda Item # 11 are based upon and consistent with past direction given
by the Mayor and Common Council and the Community Development Commission concerning
this issue. Funding for this project is contained in the 2001-2002 budget of the Economic
Development Agency. Accordingly, it is recommended that said resolutions be adopted.
~(Q)~W
l
I
RESOLUTION NO.
<;
-
2 RESOLUTION OF THE MAYOR AND COMMON COUNOL OF THE OTY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION ON BEHALF OF SAID OTY OF AN
3 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN HARVEY M. ROSE ACCOUNTANCY
CORPORATION, THE CITY OF SAN BERNARDINO, AND THE CITY OF SAN BERNARDINO
4 ECONOMIC DEVELOPMENT AGENCY TO CONDUCT AN AUDIT OF CERTAIN SEGMENTS OF
THE ECONOMIC DEVELOPMENT AGENCY'S ACQUISmON, REHABILITATION AND RESALE
5 AND MORTGAGE ASSISTANCE PROGRAM
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed
9 to execute on behalf of said City an Agreement for Professional Services between Harvey M. Rose
10 Accountancy Corporation, the City of San Bernardino, and the City of San Bernardino Economic
11 Development Agency, a copy of which is attached hereto marked Exhibit "A" and incorporated herein
12 by reference as fully as though set forth at length.
13 SECTION 2. The authorization granted hereunder shall expire and be void and of no further
14 effect if the agreement is not executed by all parties and returned to the office of City Clerk within
"- 15 sixty (60) days following effective date of the resolution.
16 /II
17 1/1
18 1/1
19 /II
20 1/1
21 /II
22 /II
23 /II
24 /II
25 /II
26 /II
27 /II
.-
'- 28 1/1
HTC/j. [ROSE. RES] 1
,
.-
-
'-
27
/- 28
'-
1 RESOLUTION OF THE MAYOR AND COMMON COUNCn.. OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION ON BEHALF OF SAID CITY OF
2 AN AGREEMENT FOR PROFESSIONAL SERVICES BElWEEN HARVEY M. ROSE
ACCOUNTANCY CORPORATION, THE CITY OF SAN BERNARDINO, AND THE CITY
3 OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY TO CONDUCT AN
AUDIT OF CERTAIN SEGMENTS OF THE ECONOMIC DEVELOPMENT AGENCY'S
4 ACQUlSmON, REHABILITATION AND RESALE AND MORTGAGE ASSISTANCE
PROGRAM
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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
day of
. 2001, by the following vote, to wit:
COUNCIL MEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
AYES
NAYS
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2001.
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form and
24 legal content:
25 JAMES F. PENMAN,
City Attorney
26
~
lITe/j. [ROSE. RES]
2
I
'- 2
3
4
5
6
7
8
9
10
11
12
13
14
-
'-
, ~(Q)l?\7
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
EXECUTION ON BEHALF OF THE CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY OF AN AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN HARVEY M. ROSE
ACCOUNTANCY CORPORATION, THE CITY OF SAN BERNARDINO,
AND THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT
AGENCY TO CONDUCT AN AUDIT OF CERTAIN SEGMENTS OF THE
ECONOMIC DEVELOPMENT AGENCY'S ACQUISITION,
REHABILITATION AND RESALE AND MORTGAGE ASSISTANCE
PROGRAMS.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
15
16
17
18
SECTION 1. The Chairperson of the Community Development Commission of the City of
San Bernardino is hereby authorized and directed to execute on behalf of the Economic Development
Agency an Agreement for Professional Services between Harvey M. Rose Accountancy Corporation,
the City of San Bernardino, and the City of San Bernardino Economic Development Agency, a copy
of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no further
effect if the agreement is not executed by all parties and returned to the Office of the City Clerk
within sixty (60) days following the effective date of the resolution.
19
/II
20
/II
21
/II
22
/II
23
/II
24
/II
25
/II
26
/II
27
- /II
"" 28
H-rC/js [ROSE2.AGR] 1
r
'-
c
'-'
I
2
3
4
5
RESOLUTION OF THE COMMUNfIY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION
ON BEHALF OF THE CITY OF SAN BERNARDINO ECONOMIC
DEVELOPMENT AGENCY OF AN AGREEMENT FOR PROFESSIONAL
SERVICES BElWEEN HARVEY M. ROSE ACCOUNTANCY CORPORATION,
THE CITY OF SAN BERNARDINO, AND THE CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY TO CONDUCT AN AUDIT OF CERTAIN
SEGMENTS OF THE ECONOMIC DEVELOPMENT AGENCY'S ACQUlSmON,
REHABILITATION AND RESALE AND MORTGAGE ASSISTANCE PROGRAMS.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
meeting thereof,
8 held on the
day of
,2001, by the following vote to wit:
9
10
COMMISSION MEMBERS:
ESTRADA
LIEN
McGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
AYES
NAYS
ABSTAIN ABSENT
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Secretary
The foregoing Resolution is hereby approved this
day of
,2001.
JUDITH V ALLES, Chairperson
Community Development Commission
of the City of San Bernardino
Approved as to form and legal content:
25
26
By:
27
28
IITc/js [ROSE2.AGR]
AGREEMENT FOR PROFESSIONAL SERVICES
f"."'"
'- THIS AGREEMENT is made and entered into by and between the CITY OF SAN
BERNARDINO, a municipal corporation ("City"), the San Bernardino Economic Development
Agency ("Agency"), and HARVEY M. ROSE ACCOUNTANCY CORPORATION ("Consultant").
RECITALS
WHEREAS, on July 2, 200 I, Consultant submitted a Proposal to perform an audit of the City
of San Bernardino's Economic Development Agency's contractual relationship with Alvarez &
Associates for services through the Acquisition, Rehabilitation and Resale and Mortgage Assistance
Programs; and
WHEREAS, Consultant is specially trained, experienced, and competent to perform said
audit for the City and the Agency; and
WHEREAS, Consultant is willing to perform said audit, as hereinafter defined, on the
following terms and conditions.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
intending to be legally bound hereby, the parties agree as follows:
....-
AGREEMENT
'-
1. Scope of Service. Subject to the terms and conditions set forth in this Agreement, Consultant
shall perform said audit as described in its Proposal submitted on July 2,2001.
2. Compensation. Agency hereby agrees to pay Consultant and Consultant agrees to accept
payment, according to the rates set forth in said Proposal for all of the services required by this
Agreement provided that total compensation for Consultant's services shall not exceed the sum of
Forty-Four Thousand, One Hundred Thirty Five Dollars ($44,135.00).
3. Effective Date and Term. The effective date of this Agreement is August 1, 2001 and it shall
terminate when all services and reports hereunder shall have been rendered. Consultant will deliver
a draft report to the Agency and City Attorney on or before September 24, 2001, and complete all
services and deliver its final report pursuant to said Proposal on or before October 12,2001.
4. Billings. Consultant shall submit monthly bills to the Executive Director of the Agency
describing its services and costs provided during the previous month. Consultant shall not bill
Agency for duplicate services performed by more than one person. Consultant's monthly bills shall
include the following information: A brief description of services performed, the date the services
were performed, the number of hours expended and the name of the person performing the services.
The bill shall also contain a brief description of any costs incurred and the Consultant's signature.
In no event shall Consultant submit any billing for an amount in excess of the maximum amount of
compensation provided in paragraph 2 above.
.......
HTC/js [ROSE.AGR]
EXHIBIT "An
--
5. Status Reports. Consultant shall provide only to the City Attorney monthly written reports
of all significant developments arising during the performance of it services hereunder.
6. Deshmation of Primary Provider of Services. This Agreement contemplates the services of
Consultant. The primary provider of the services called for by this Agreement shall be Frederick J.
Brousseau, and a senior analyst. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. If City and Agency ask Consultant to remove a person assigned
to the work called for under this Agreement, Consultant agrees to do so immediately regardless of
the reason, or the lack of a reason, for City's and Agency's request.
7. Assi!!nment and Subcontracting. It is recognized by the parties hereto that a substantial
inducement to City and Agency for entering into this Agreement was, and is, the professional
reputation and competence of Consultant. Neither this Agreement nor any interest therein may be
assigned by Consultant without prior written approval of the City and Agency. Consultant shall not
subcontract any portion of the performance contemplated and provided for herein without prior
written approval of the City and Agency.
8. Insurance. On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at is own cost and expense, shall carry, maintain for the duration of the
Agreement, and provide proof thereof that is acceptable to the City and Agency, the insurance
specified in subsections (a) through (c) below with insurers and under forms of insurance satisfactory
in all respects to the City and Agency. Consultant shall not allow any subcontractor to commence
work on any subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor.
-
'--
(a) Workers' Compensation. Satisfactory Workers' Compensation Insurance and Employer's
Liability Insurance for any and all persons employed directly or indirectly by Consultant shall
be provided with limits not less than one million dollars ($1,000,000.00). In the alternative,
Consultant may rely on a self-insurance program to meet these requirements so long as the
program of self-insurance complies fully with the provisions of the California Labor Code.
The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is
provided, shall waive all rights of subrogation against the City and the San Bernardino
Economic Development Agency for loss arising from work performed under this Agreement.
(b)
Commercial General and Automobile Liability. Consultant, at Consultant's own cost and
expense, shall maintain commercial general and automobile liability insurance for the period
covered by this Agreement in an amount not less than one million dollars per occurrence
($1,000,000.00), combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from
bodily and personal injury, including death resulting therefrom, and damage to property
resulting from activities contemplated under this Agreement including the use of owned and
non-owned automobiles.
-
'-
HTC/js [ROSE.AGR]
2
EXHIBIT "A"
/"..+-
Coverage shall be at least as broad as Insurance Services Office Commercial General
Liability occurrence form CG 0001 (ed. 11/88) and Insurance Services Office Automobile
Liability form CA 0001 (ed. 12/90) Code 1 (any auto). No endorsement shall be attached
limiting the coverage. Each of the following shall be included in the insurance coverage or
added as an endorsement to the policy.
\-
(i) City and Agency, their officers, employees, agents and volunteers are to be
covered as insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; or automobiles
owned, leased, hired, or borrowed by Consultant. The coverage shall contain
no special limitations on the scope of protection afforded the entities, their
officers, employees, agents or volunteers.
(ii) The insurance shall cover on an occurrence or an accident basis, and not on
a claims made basis.
(iii) An endorsement must state that coverage is primary insurance and that no
other insurance affected by the City and Agency will be called upon to
contribute to a loss under the coverage.
c
(iv)
Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and Agency and their officers,
employees, agents, and volunteers.
(v) Insurance is to be placed with California-admitted insurers with a Best's
rating of no less than A:VII.
(vi) Written notice of cancellation, non-renewal or major modification must be
received by City and Agency at least thirty days prior to such change.
(c) Deductibles and Self-Insured Retentions. Consultant shall disclose the self-insured
retentions and deductibles before beginning any of the services or work called for by any
term of this Agreement. During the period covered by this Agreement upon express written
authorization of City Attorney, Consultant may increase such deductibles or self-insured
retentions with respect to City and Agency, their officers, employees, agents, and volunteers.
The City Attorney may condition approval of an increase in deductible or self-insured
retention levels upon a requirement that Consultant procure a bond guaranteeing payment of
losses and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of theme
(d)
Notice of Reduction in Coverage. In the event that any coverage required under subsections
(a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in
any other manner, Consultant shall provide written notice to City and Agency at Consultant's
earliest possible opportunity and in no case later than five days after Consultant is notified
--
'-'
HTC/js [ROSE.AGR]
3
EXHIBIT "A"
r
of the change in coverage.
.......
(e)
City and A~encv Remedies. In addition to any other remedies City and Agency may have
if Consultant fails to provide or maintain any insurance policies or policy endorsements to
the extent and within the time herein required, City and Agency may, at their sole option:
(i) Obtain such insurance for themselves and deduct and retain the amount of the
premiums for such insurance from any sums due under the Agreement;
(ii) Order Consultant to stop work under this Agreement or withhold any payment which
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof;
(iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an altemative to other remedies City and
Agency may have and is not the exclusive remedy for Consultant's failure to maintain
insurance or secure appropriate endorsements.
c
9. Consultant's Responsibility. It is understood that Consultant has the skills, experience and
knowledge necessary to perform the work agreed to be performed under this Agreement, and that
City and Agency rely upon the Consultant's representations about its skills, experience and
knowledge to perform Consultant's work in a competent manner. Acceptance by City and Agency
of the work performed under this Agreement does not operate as a release of said Consultant from
responsibility for the work performed. It is further understood and agreed that Consultant is apprised
of the scope of the work to be performed under this Agreement and Consultant agrees that said work
can and shall be performed in a fully competent manner.
10. Indemnification. Consultant shall indemnify, defend, and hold City and said Economic
Development Agency, their officers, employees, agents and volunteers harmless from and against
any and all liability , claims, suits, actions, damages, and causes of action arising out of any personal
injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state or
municipal law or ordinance, or other cause in connection with the acts or omissions of Consultant,
its employees, subcontractors, or agents, or on account of the performance or character of this work,
except for any such claim arising out of the sole negligence or willful misconduct of the City and/or
said Economic Development Agency, their officers, employees, agents, or volunteers. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and
endorsements required under this Agreement does not relieve Consultant from liability under this
indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply whether or not such insurance policies shall have been determined to be applicable to any of
such damages or claims for damages.
,.....
"-'
11. Licenses. If a license of any kind having terms intended to include evidence of registration
is required of Consultant, its employees, agents, or subcontractors by Federal or State law,
Consultant warrants that such license has been obtained, is valid and in good standing, and
HTe/js [ROSE.AGR]
4
EXHIBIT "A"
.--
Consultant shall keep it in effect at all times during the terms of this Agreement, and that any
applicable bond has been posted in accordance with all applicable laws and regulations.
"-
12. Termination. This Agreement may be terminated by the City and Agency (I) immediately
for violation of any provision of this Agreement or, (2) upon fifteen days written notice by the City
and Agency to the Consultant. In the event of termination, the Consultant shall be entitled to
compensation for services performed to the effective date of termination; provided, however, that
the City and Agency may condition payment of such compensation upon Consultant's delivery to
the City and Agency of any or all documents, photographs, computer software, video and audio
tapes, and other materials provided to Consultant or prepared by or for Consultant or the City or
Agency in connection ""ith this Agreement and upon satisfactory completion of the services which
Consultant has performed.
13. Ownership of Materials. Any and all documents, including draft documents where completed
documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant
to this Agreement shall be the property of the City and Agency at the moment of their preparation.
All materials and records of a finished nature, such as preliminary and final reports prepared or
obtained in the performance of this Agreement, shall be delivered to and become the property of City
and Agency. All materials of a preliminary nature, such as notices, sketches, preliminary plans,
computations and other data, prepared or obtained in the performance of this Agreement, shall be
made available, upon request, to City and Agency at no additional charge and without restriction or
limitation on their use consistent with the intent of the original design.
r-
'-
14. Conflict ofInterest. Consultant warrants and covenants that Consultant presently has no
interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services
required under the provisions of this Agreement a violation of any applicable State, local, or Federal
law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall
promptly notify the City Attorney of the existence of such conflict of interest so that the City and
Agency may determine whether to terminate this Agreement. Consultant further warrants its
compliance with the Political Reform Act (Gov. Code 981000 et seq.) respecting this agreement.
In addition, Consultant possesses no authority with respect to any City or Agency decision beyond
the rendition of information, advise, recommendation or counsel.
15. Time is of the Essence. Consultant agrees to diligently prosecute the services to be provided
under this Agreement to completion and in accordance with any schedules specified herein. In the
performance of this Agreement, time is of the essence.
16. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and
conform to any and all applicable laws of the United States and the State of California, and the San
Bernardino Municipal Code and all ordinances of the City. Consultant warrants that all work done
under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and
practices, including but not limited to CallOSHA regulations.
17. Independent Contractor Status. It is expressly understood and agreed by the parties that
- Consultant, while engaged in carrying out and complying with any of the terms and conditions of
'-" this Agreement, is an independent contractor and not an employee of the City or Agency. Consultant
HTe/js [ROSE.AGR]
5
EXHIBIT "A"
'-
expressly warrants not to represent, at any time or in any manner, that Consultant is an employee of
the City or Agency.
18. Abandonment bv Consultant. In the event the Consultant ceases performing services under
this Agreement or otherwise abandons the project prior to completing all of the services described
in this Agreement, Consultant shall, without delay, deliver to City and Agency all materials and
records prepared or obtained in the performance of this Agreement, and shall be paid for the
reasonable value of the services performed up to the time of cessation or abandonment, less a
deduction for any damages or additional expenses which City and Agency incur as a result of such
cessation or abandonment.
19. Liauidated Damages. The parties to this Agreement agree that, in the event that the services
described in this Agreement are not completed on time, City and Agency will sustain damage and
that it will be impracticable and extremely difficult to ascertain the actual damage which City and
Agency will sustain. In the event that Consultant fails to complete all of the services described in
this Agreement on or before any completion date provided herein, or within the period of any
authorized extension, Consultant shall pay as and for liquidated damages, the sum of$SO.OO to the
City and Agency each for each calendar day that completion is delayed and said sum may be
deducted from any payment due Consultant under this Agreement.
20. Waiver. The waiver by any party of a breach by another of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or
a different provision of this Agreement.
-
~
21. Attornev's Fees. The parties each agree that, in the event of any breach of this Agreement,
the party aggrieved shall be entitled to recover from the party who breaches, in addition to any other
relief provided by law, such costs and expenses as may be incurred by said party, including court
costs, attorney's fees, and other costs and expenses, taxable or otherwise, reasonably necessary in
preparing the defense of, defending against, or seeking or obtaining an abatement of, or an injunction
against, such action or proceeding, or in enforcing this Agreement, or in establishing or maintaining
the applicability of, or the validity of, this Release, or any provision thereof, and in the prosecuting
any counterclaim or cross-complain based thereon. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this Agreement on behalf of the City and/or Agency
shall be considered as "attorney's fees" for the purpose of this paragraph.
22. Notices. Except for billings in paragraph 4 of this Agreement, all notices under this
Agreement shall be in writing and shall be delivered by personal service or by certified or registered
mail, postage prepaid, return receipt requested, of the parties. Any written notice to any of the
parties required or permitted hereunder shall be deemed to have been duly given on the date of
service if served personally or if served by facsimile transmission (with confirmation of receipt), or
seventy-two (72) hours after the mailing. Rejection or other refusal to accept or the inability to
deliver because of changed address of which no notice was given as provided hereunder shall be
deemed to be receipt of the notice, demand or request sent. Notices of the parties shall be addressed
as follows:
....."""
'-
HTC/js [ROSE.AGR]
6
EXHIBIT "A"
To Consultant:
Harvey M. Rose, CPA, President
Harvey M. Rose Accountancy Corporation
1390 Market Street, Suite 1025
San Francisco, CA 94102
.----
'-
To City:
James F. Penman, City Attorney
300 North "D" Street, Room 668
San Bernardino, CA 92418
To Agency:
Judith Valles, Chairperson
Community Development Commission
201 North "E" Street
San Bernardino, CA 92418
Each party shall provide the other party with telephone and written notice of any change in address
as soon as practicable.
23. No Third-Partv Ri~hts. The parties intend not to create rights in, or to grant remedies to, any
third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking
established herein.
c
24. Amendments. This Agreement may be modified or amended only by a written document
executed by Consultant, City, and Agency and approved as to form and legal content by the City
Attomey. Such document shall expressly state that it is intended by the parties to amend the terms
and conditions of this Agreement.
25. Inteq>retation. The agreements contained herein shall not be construed in favor of or against
any party but shall be construed as if all parties prepared this Agreement. The masculine and neuter
genders, the singular number and the present tense shall be deemed to include the feminine gender,
the plural number and past and future tense, respectively, where the context so requires.
26. Controlling Law. This Agreement and all matters relating to it shall be governed by the laws
of the State of California.
27. Severability. Should any part of this Agreement be declared by a final decision by a court
or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of any
party to enter into or carry out, such decision shall not affect the validity of the remainder of this
Agreement, which shall continue in full force and effect, provided that the remainder of this
Agreement, absent the unexercised portion, can be reasonably interpreted to give effect to the
intention of the parties.
28. Counteq>arts. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original, but all of which together will constitute one and the same
instrument but the parties agree that the Agreement on file in the Office of City's City Clerk is the
- version of the Agreement that shall take precedent should any differences exist among counterparts
'-' of the document.
HTC/js (ROSE.AGR]
7
EXHIBIT "A"
SIGNATURE PROVISIONS
.,,""
"'- IN WITNESS WHEREOF, Consultant has executed this Agreement, and the City, by its
Mayor, and the Agency, by the Chairperson of the Community Development Commission, who are
authorized to do so, have executed this Agreement.
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
By:
Judith Valles
Mayor
Dated:
By:
Judith Valles, Chairperson
Community Development Commission of
the City of San Bernardino for the
Economic Development Agency
Dated:
ATTEST:
ATTEST:
Agency Secretary
--
Rachel G. Clark, City Clerk
'-
Approved as to Form
and Legal Content
Approved as to Form
and Legal Content
James F. Penman
City Attorney
Agency Counsel
CONSULTANT
Harvey M. Rose, CPA
President
Dated:
-
'-
EXHIBIT "A"
HTC/j, [ROSE.AGR]
8
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 27,2001
TO:
Edna Anderson, Operations Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-231
At the Mayor and Common Council meeting of July 23, 2001, the City of San Bernardino
adopted Resolution 2001-231 - Resolution authorizing the execution on behalf of said City of an
agreement for professional services between Harvey M Rose Accountancy Corporation, the City
of San Bernardino, and the City of San Bernardino Economic Development Agency to conduct
an audit of certain segments of the Economic Development Agency's Acquisition, Rehabilitation
and Resale and Mortgage Assistance Program.
Attached are three (3) original agreements. Please obtain signatures in the appropriate location
and return one original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by September 21, 2001.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed: ~~
Date: '1/;" 'if 01
.
Please sign and return
, .
. .
" ,
. .
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I( - '2..3-0 \ Item # \ \ P>-
Vote: Ayes 2-') Nays k
Change to motion to amend original documents:
Resolution # LCD I - Z3 \
Abstain -6 Absent \
~ ~2COI-'24>
Reso. # On Attachments: L Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: '\ - z ~--o \
Date ofMayor's Signature: '\-d.<.o-ol
Date ofClerk/CDC Signature: 1\- :;<10-0 \
Null/Void After: loa Of1..7'\ I 9- '2.1-0 I
I
By: -
Reso. Log Updated: ....--
Seal Impressed: ,/
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: V"'" Date Returned: \(-'1-0 \
See Attached:
See Attached:
Date Memo/Letter Sent for Signature:
'\-~ '1-01
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distributed to:
City Attorney V
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Water
Police
Notes:
Yes~ No
Yes No ---.L..
Yes No~
Yes No /
Yes No v'
-
EDA
,/
MIS
Finance
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ---1lJ:c
Date: f-'1-r:, I
Revised 0 I / 12/0 1
.' .
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 11- '2'6-0 \ Item # 11 e
Vote: Ayes 2-'1 Nays ..e-
Change to motion to amend original documents:
Resolution # C DC 12 CO 1- 2ra
Abstain D- Absent _I
,sEE '2ro \ - L3 I
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately:.-==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sentto Mayor: Ii.;;. S -D 1
Date of Mayor's Signature: f)-2.io-o1
Date of ClerklCDC Signature: '/ - 2.10 -()\
NulllVoid After: (,,0 OAr (, I 9-21-<'>1
J
By: -
Reso. Log Updated: v'
Seal Impressed: v'"
Date Memo/Letter Sent for Signature: 1"")-2 [-() \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ,/" Date Returned: 'ir J) -D I
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distributed to:
City Attorney ./
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Yes ,/ No By
Yes No ~ By
Yes No ,/ By
Yes No v By
Yes N07 By
EDA
v
MIS
Finance
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: -iJ1:1:.
Date: \(-, - 0 I
Revised 01/1210 I