HomeMy WebLinkAbout14- City Attorney 14.a
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Consent Calendar
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Request for Council Action
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Date: October 4, 2017 a
To: Honorable Mayor and City Council Members
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From: Gary D. Saenz, City Attorney
By: Jason Ewert, Deputy City Attorney,
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Subject: Consultant Services Agreement with Norman Traub and z
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Recommendation
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, a
California, Authorizing the City Attorney to Execute a Consultant Services Agreement
with Norman Traub and Associates for Employment Investigation Legal Services.
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Background N
The City Attorney's Office has become aware of a situation involving a City employee
that requires an investigation.
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Discussion
After reviewing the general nature of the allegations, the City Attorney's Office has Q
determined that utilization of best practices requires that a neutral, third-party, attorney
investigator be retained to complete the investigation.
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Fiscal Impacts a
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The cost of the Consultant Services Agreement shall not exceed $15,000.00 and will be
allocated to the Water Department's Professional Services/Legal budget for retention of
outside counsel. Account#100-2510-560-5520
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Conclusion U
Staff recommends the Mayor and City Council adopt the Resolution approving the
Consultant Services Agreement with Norman Traub and Associates.
Attachments a
Attachment 1 Resolution; Exhibit A- Consultant Services Agreement
Ward: All
Synopsis of Previous Council Actions: N/A
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AUTHORIZING THE CITY ATTORNEY TO
3 EXECUTE A CONSULTANT SERVICES AGREEMENT WITH NORMAN TRAUB
4 AND ASSOCIATES FOR EMPLOYMENT INVESTIGATION LEGAL SERVICES i
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BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
6 SAN BERNARDINO, CALIFORNIA AS FOLLOWS: 1°
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s SECTION 1. The City Attorney of the City of San Bernardino, California is hereby
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9 authorized and directed to execute on behalf of said City a Consultant Services Agreement 0
to between Norman Traub and Associates and the City of San Bernardino, California for 3
11 employment investigation legal services, a copy of which is attached hereto and incorporated
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12 herein as Exhibit "A."
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13 SECTION 2. The authorization granted by this Resolution shall expire and be void
14 and of no further effect if the agreement is not executed by both parties and returned to the Office
15 of the City Clerk within sixty(60) days following the effective date of this Resolution. r-
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1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AUTHORIZING THE CITY ATTORNEY TO
2 EXECUTE A CONSULTANT SERVICES AGREEMENT WITH NORMAN TRAUB
3 AND ASSOCIATES FOR EMPLOYMENT INVESTIGATION LEGAL SERVICES N
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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5 Common Council of the City of San Bernardino at a _ _ meeting thereof,held on the
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day of , 2017,by the following vote,to wit:
Council Members: AYES NAYS ABSTAIN ABSENT =
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9 MARQUEZ ___ ___ _ z
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10 BARRIOS 3
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11 VALDIVIA --- -- E
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SHORETT a
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14 NICKEL _ I
15 RICHARD
16 MULVIHILL
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18 Georgeann Hanna, City Clerk
19 The foregoing Resolution is hereby approved this _ day of ,2017. g
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R. Carey Davis,Mayor
2 2 City of San Bernardino
23 Approved as to form:
Gary D. Saenz,City Attorney ~
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By.
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CONSULTANT SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB& ASSOCIATES FOR
EMPLOYMENT INVESTIGATION LEGAL SERVICES
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This Consultant Services Agreement (the "Agreement") is entered into by and between: M
the City of San Bernardino, a Charter City organized under the laws of the State of California, N
with an address of 290 N. "D" Street, San Bernardino, California (the "CITY"); and, Norman a
Traub & Associates (the "CONSULTANT') (individually CITY or CONSULTANT may be =
referred to as a "PARTY" and collectively CITY and CONSULTANT may be referred to as the
"PARTIES").
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WITNESSETH : o
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WHEREAS, the, CITY proposes to have CONSULTANT perform the services Z
described herein below; and.
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WHEREAS, CONSULTANT represents that it has that degree of specialized expertise m
contemplated within California Government Code, Section 37103, and holds all necessary m
licenses to practice and perform the services herein contemplated; and a
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WHEREAS,CITY and CONSULTANT desire to contract for Employment Investigation
Services and desire to set forth their rights, duties, and liabilities in connection with their m
performance; and, N
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WHEREAS, no official or employee of the CITY has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of this c
Agreement.
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
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1. SCOPE OF SERVICES.
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1_1 Scope. For the remuneration stipulated, CITY hereby engages the services of O
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CONSULTANT to provide those products and services as submitted to CONSULTANT
by CITY. CONSULTANT agrees to conduct fact-finding investigations and report the
findings to a person designated by the CITY. In order to avoid allegations of bias or
influenced investigations, the CONSULTANT shall not draw legal conclusions or E-
provide recommendations for potential actions resulting from the investigation. Each
investigation is limited to the specific Scope of Investigation (SOI) submitted to U
CONSULTANT by CITY. Other issues that may arise during the investigation shall be m
brought to the attention of the CITY. The SOI shall not be exceeded without written E
authorization of the CITY. If a conflict arises between the Scope of Services and this
Consultant Services Agreement (hereinafter "Agreement"), the terms of the Agreement Q
shall govern.
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB&ASSOCIATES FOR EMPLOYEE INVESTIGATION SERVICES
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1_2 Professional_Practices/License Requirements. All professional services to be provided by
CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in
a manner consistent with the standards of care,diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. CONSULTANT also warrants that it is familiar with all laws that
may affect its performance of this Agreement and shall advise CITY of any changes in 0
any laws that may affect CONSULTANT's performance of this Agreement. a
CONSULTANT further represents that no CITY employee will provide any services a
under this Agreement. A licensed attorney investigator shall conduct the investigations.
The CITY shall have the opportunity to approve the assigned investigator(s).
CONSULTANT'S employees are not employees of the CITY and are not entitled to
Worker's Compensation benefits or any benefits afforded to employees of the CITY; and
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1_3 Warrant. CONSULTANT warrants that it shall perform the services required by this Z
Agreement in compliance with all applicable Federal and California employment laws 3
including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers' E
compensation insurance and safety in employment; and all other Federal, State and local m
laws and ordinances applicable to the services required under this Agreement. a
CONSULTANT shall indemnify and hold harmless CITY from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and
description including reasonable attorneys' fees and costs, presented, brought, or m
recovered against CITY for, or on account of any liability under any of the above
mentioned laws, arising from or related to CONSULTANT's performance under this
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Agreement. w
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1_4 Responsibilit for Errors. CONSULTANT shall be responsible for its work and results 0
under this Agreement. CONSULTANT, when requested by CITY, shall furnish Q
clarification and/or explanation as may be required by CITY's representative, regarding
any services rendered under this Agreement at no additional cost to CITY. In the event F
that an error or omission attributable to CONSULTANT occurs, then CONSULTANT Z
shall, at no cost to CITY, provide all necessary services to rectify and correct the matter
to the sole satisfaction of CITY and to participate in any meeting required with regard to 06
the correction. CONSULTANT agrees that typographical errors, syntax, clarity of content 0
or structure may be subject to revision and/or correction at the request of City. w
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Otherwise, Consultant is an independent fact finder and findings made by Consultant are m
not subject to the satisfaction and/or approval of City.
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1_5 Confidentialitv and Disclosure of Citv Information.All information about City of San N
Bernardino business obtained by CONSULTANT during the investigation contemplated v
in the attached SOI shall be deemed confidential. ("Confidential Information") Unless the m
City provides written permission and/or CONSULTANT is compelled by a court of law E
or regulatory agency, CONSULTANT shall not disclose, in any manner or through any
technologies, such Confidential Information with any other person or entity. a
Unauthorized disclosures of Confidential Information will be deemed a material breach
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB&ASSOCIATES FOR EMPLOYEE INVESTIGATION SERVICES
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of this Agreement. Provisions related to protecting Confidential Information shall survive
this Agreement.
1_6 Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in,
nor permit its officers, employees or agents to engage in, discrimination in employment
of persons because of their race, religion, color, national origin, ancestry, age, mental or 2
physical disability,medical condition,marital status, sexual gender, sexual orientation, or y
any other protected class except as permitted pursuant to Section 12940 of the Q
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735. 1°
1_7 Non-Exclusive Acreement. CONSULTANT acknowledges that CITY may enter into
agreements with other consultants for services similar to the services that are subject to
this Agreement or may have its own employees perform services similar to those services `o
contemplated by this Agreement. z
1.8 Delegation of Assignment. This is a personal service contract, and the duties set forth 3
herein shall not be delegated or assigned to any person or entity without the prior written
consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law
and may employ other personnel to perform services contemplated by this Agreement at a�
CONSULTANT's sole cost and expense. y
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1_9 Conflicts of Interest/Disclosure. During the term of this Agreement, CONSULTANT
shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall
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not accept payment from or employment with any person or entity which will constitute a
conflict of interest with the CITY. CONSULTANT or its employees may be subject to N
the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) c
requires such persons to disclose financial interests that may be materially affected by the U
work performed under this Agreement, and (2) prohibits such persons from making orco
participating in making decisions that will have a foreseeable financial effect on such
interest. CONSULTANT shall conform to all requirements of the Act. Failure to do so z
constitutes a material breach and is grounds for termination of the Agreement by CITY.
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1.10 Attorney Client Privilege. Consultant's assigned investigator shall be an attorney licensed art
to practice law in the State of California. The investigator shall perform the investigation w
in a manner consistent with the standards of care, diligence and skill ordinarily exercised
by attorney investigators in similar fields and circumstances in accordance with sound
professional practices. The findings shall be based on an impartial and professional
evaluation of the evidence. The execution of this agreement creates an attorney-client E-
relationship between the City and the investigator. The investigator shall refrain from y
providing legal advice as to the appropriate actions the agency should take in response to v
the CONSULTANT'S findings. The City Attorney shall be solely responsible for
providing the City legal advice relating to this investigation, including the legal t
implications and actions the City should take based on the results of the investigation.
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CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB&ASSOCIATES FOR EMPLOYEE INVESTIGATION SERVICES
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2. COMPENSATION AND BILLING.
2_1 Compensation. CONSULTANT shall be paid at the following rates:
Attorney/investigator services- $210.00 per hour plus expenses;
Post investigation hearings,trials,depositions, etc. subpoenaed or requested in writing by
the CITY or if subpoenaed by any party to the investigation-$250.00 per hour, four R
hours minimum,plus expenses. When the investigator is placed in an On-Call status,the o
fee is$130.00 per hour, four hour minimum. CONSULTANT shall be reimbursed for a
the cost of the City of San Bernardino business license. _
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In no event shall the total amount paid to CONSULTANT exceed$15,000.00.
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2_2 Costs. Each party shall bear its own costs and fees incurred in the preparation and c
negotiation of this Agreement and in the performance of its obligations hereunder except c
as expressly provided herein. z
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2_3 Additional Services. CONSULTANT shall not receive compensation for any services
provided outside the scope of services specified in this Agreement unless the CITY,prior E
to CONSULTANT performing the additional services, approves such additional services d
in writing. It is specifically understood that oral requests and/or approvals of such a
additional services or additional compensation shall be barred and are unenforceable. U)
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2_4 Method of Billing. CONSULTANT may submit invoices to CITY for approval at m
intervals no more often than monthly. Said invoice shall be based on the total of all
CONSULTANT's products and services that have been supplied and performed to the 0
CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-five N
(45) days from the date CITY receives said invoice. Each invoice shall describe in detail o
the products supplied, the services performed, and the associated time for completion.
Any additional products or services approved and performed pursuant to this Agreement Q
shall be designated as "Additional Services" and shall identify the number of the Ln
authorized change order,where applicable, on all invoices. I-
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2_5 Records and Audits. Records of CONSULTANT's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and ca
shall be made available to CITY upon reasonable notice for a period of three (3) years 0
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from the Effective Date. W
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3. TERM AND NOTIFICATION.
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3_1 Term. The term of this Agreement shall commence on the date on which all PARTIES Q
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signatures are entered. The latest dated signature shall be the ("Effective Date") of this v
Agreement. The Agreement shall commence on the Effective Date and continue for one
year,unless the Agreement is otherwise terminated as provided for herein. E
3_2 Deliver\ of Final Report. CONSULTANT understands and agrees the investigation shall a
be finalized and a final investigation report and all supporting documents shall be
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB&ASSOCIATES FOR EMPLOYEE INVESTIGATION SERVICES
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submitted to the CITY within two (2)months of the Effective Date. Good cause existing,
the delivery date of the final report and supporting documentation may be
amended/extended. The determination regarding the existence of good cause under this
section shall be at the sole discretion of the CITY.
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3_3 Termination. CITY or CONSULTANT may terminate the services provided under this a
Agreement upon thirty (30) days written notice to the other party. In the event of 0
termination, CONSULTANT shall be paid the reasonable value of services rendered to Q
the date of termination. a
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3_4 Documents. In the event of termination of this Agreement, all documents prepared by
CONSULTANT in its performance of this Agreement shall be delivered to the CITY
within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to
CITY. Any use of uncompleted documents without specific written authorization from `o
CONSULTANT shall be at CITY's sole risk. Z
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j 4. INDEMNITY. 3
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Indemnification and Hold Harmless. CONSULTANT shall protect, defend, indemnify
and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, a
attorneys, agents and employees from any and all claims, losses, demands, suits, administrative N
actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to
property or injuries to or death of any person or persons or damages of any nature including,but
not limited to, all civil claims or workers' compensation claims arising from or in any way
related to CONSULTANT's performance under this Agreement, except when caused solely by a
the CITY's negligence. N
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5. INSURANCE.
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5.1 Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and maintain
during the life of this Agreement all of the following insurance coverage:
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(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket ad
contractual liability, personal injury with a policy limit of not less than One N
Million Dollars ($1,000,000.00), combined singles limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined y
single limits, per occurrence and aggregate. The investigator shall provide
proof of liability insurance upon request of the City.
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(c) Worker's compensation insurance as required by the State of California.
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CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB&ASSOCIATES FOR EMPLOYEE INVESTIGATION SERVICES
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(d) Errors and Omissions / Professional Liability Insurance with a policy limit of
not less than one million dollars($1,000,000.00)per occurrence/claim.
5_2 Endorsements. The insurance policies required under this agreement shall contain or be
endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected and N
appointed boards, officers, agents, and employees are additional insureds with a
respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
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coverage reduced,until thirty(30) days after written notice is given to City."
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(c) Other insurance: "Any other insurance maintained by the City of San £
Bernardino shall be excess and not contributing with the insurance provided z°
by this policy." r
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5_3 Certificates of Insurance. CONSULTANT shall provide to CITY certificates of insurance
showing the insurance coverages and required endorsements described above, in a form d
and content approved by CITY,prior to performing any services under this Agreement. rn
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6. General Provisions. d
6_1 Non-discrimination. In the performance of this Agreement and in the hiring and
recruitment of employees, CONSULTANT shall not engage in,nor permit its officers,
employees or agents to engage in, discrimination in employment of persons because of
their race,religion, color,national origin, ancestry, age,mental or physical disability, c
medical condition,marital status, sexual gender or sexual orientation, or any other status v
protected by law. c
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6.2 Independent Contractor. CONSULTANT, at all times while performing under this
Agreement, is and shall be acting at all times as an independent contractor and not as an z
agent or employee of CITY. CONSULTANT shall secure, at its expense, and be
responsible for any and all payment of wages, benefits and taxes including, but not a
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limited to, Income Tax, Social Security, State Disability Insurance Compensation, p
Unemployment Compensation, and other payroll deductions for CONSULTANT and its W
officers, agents, and employees, and all business licenses, if any are required, in
connection with the services to be performed hereunder. Neither CONSULTANT nor its M
officers, agents and employees shall be entitled to receive any benefits which employees F
of CITY are entitled to receive and shall not be entitled to workers' compensation a
insurance, unemployment compensation, medical insurance, life insurance, paid v
vacations, paid holidays, pension, profit sharing or social security on account of
CONSULTANT and its officers', agents' and employees' work for the CITY. This
Agreement does not create the relationship of agent, servant, employee partnership or
joint venture between the CITY and CONSULTANT.
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CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB&ASSOCIATES FOR EMPLOYEE INVESTIGATION SERVICES
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6_3 Business„Ret4stration_Certificate/Other Certificate/Other-Requirements. CONSULTANT warrants that it
possesses or shall obtain prior to execution of this Agreement, and maintain, a business
registration certificate pursuant to Chapter 5 of the San Bernardino Municipal Code, and
any other licenses,permits,qualifications, insurance and approval of whatever nature that
are legally required of CONSULTANT to practice its business or profession.
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6_4 Notices. Any notices, documents, correspondence, or other communication concerning 0
this Agreement or the services provided hereunder may be provided by personal delivery a
or U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of
the personal delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-
eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark.
Either PARTY may change the address for delivery of notices by sending notice of the
change to the other PARTY in conformity with this Section.
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IF TO CONSULTANT: IF TO CITY: z
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Norman Traub &Associates San Bernardino City Attorney's Office
Attn: Jeff Johnson Attn:Jason M.Ewert d
5409 Via Fonte 290 North"D" Street,3rd Floor
Yorba Linda, CA 92886 San Bernardino, CA 92401 a
Telephone: (714)693-3428 Telephone: (909)384-5122 y
Facsimile: (714) 200-0310 Facsimile: (909)384-5138
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6_5 Attorney's Fees. In the event that litigation is brought by any party in connection with y
this Agreement, the prevailing party shall be entitled to recover from the opposing party r
all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing y
party in the exercise of any of its rights or remedies hereunder or the enforcement of any c
of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this contract on behalf of the CITY shallco
be considered as "attorneys' fees" for the purposes of this Agreement.
6_6 Assignment. Notwithstanding the subcontracting provisions of section 1.8, Z
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CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or a
encumber all or any part of the CONSULTANT's interest in this Agreement without ,d
CITY's prior written consent. Any attempted assignment, transfer, subletting or 0
encumbrance shall be void and shall constitute a breach of this Agreement and cause for LU
the termination of this Agreement. Regardless of CITY's consent, no subletting or In
assignment shall release CONSULTANT of CONSULTANT's obligation to perform all
other obligations to be performed by CONSULTANT hereunder for the term of this
Agreement. a
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6.77 No Third PartA-Beneficiary Rights. This Agreement is entered into for the sole benefit of
CITY and CONSULTANT and no other parties are intended to be direct or incidental t
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement. a
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB&ASSOCIATES FOR EMPLOYEE INVESTIGATION SERVICES
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6_8 Venue. The parties hereto agree that all actions or proceedings arising in connection with
this Agreement shall be tried and litigated either in the Superior Court of the State of
California for the County of San Bernardino or the United States District Court for the
Central District of California, Riverside Division. The aforementioned choice of venue is
intended by the parties to be mandatory and not permissive in nature. m
6_9 Governing Law. This Agreement shall be governed and construed under the laws of the o
State of California without giving effect to that body of laws pertaining to conflict of Q
laws.
6.10 Successors and Assigm»ents. This Agreement shall be binding on and inure to the benefit
of the PARTIES to this Agreement and their respective heirs,representatives, successors,
and assigns.
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6.11 Headings. The subject headings of the sections of this Agreement are included solely for Z
convenience and are not intended to modify, explain or to be a full or accurate description w
of the content thereof and shall not in any way affect the meaning or interpretation of this
Agreement.
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6.12 Severability. If any provision of this Agreement is determined by a court of competent a
jurisdiction to be invalid or unenforceable for any reason, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance, and the remaining provisions of this m
Agreement shall remain in full force and effect. -
6.13 Remedies/Waivers. All remedies available to either PARTY for one or more breaches by
the other PARTY are and shall be deemed cumulative and may be exercised separately or c
concurrently without waiver of any other remedies. v
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The delay or failure of either PARTY to require performance or compliance of the other
of any of its obligations under this Agreement shall in no way be deemed a waiver of
those rights to require such performance or compliance. No waiver of any provision of g
this Agreement shall be effective unless made in writing and signed by a duly authorized
representative of the PARTY against whom it is sought. The waiver of any right or
remedy with respect to any occurrence or event shall not be deemed a waiver of such 0
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right or remedy with respect to any future occurrences or events and shall not be deemed W
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a continuing waiver. m
6.14 Entire Agreement. This Agreement constitutes the entire agreement and the
understanding between the PARTIES, and supersedes any prior agreements and N
understandings relating to the subject matter of this Agreement. v
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6.15 Counterparts. This Agreement may be executed in counterparts, each of which shall be E
deemed to be an original, but all of which, taken together, shall constitute one and the
same agreement. In the event that any signature is delivered by facsimile transmission or a
by e-mail delivery of a ".pdf' format data file, such signature shall create a valid and
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB&ASSOCIATES FOR EMPLOYEE INVESTIGATION SERVICES
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binding obligation of the PARTY executing (or on whose behalf such signature is
execute) with the same force and effect as if such facsimile or".pdf' signature page were
an original thereof
6.16 Amendment. No amendment to this Agreement will be effective unless it is in writing m
and signed by both PARTIES. 2
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6.17 Con-)orate Authority. Each person executing this Agreement on behalf of the PARTIES a
hereto warrant that they are duly authorized to execute this Agreement on behalf of said =
PARTIES and that by doing so, the PARTIES hereto are formally bound to the
provisions of this Agreement.
6.18 Compliance with All Laws. CONSULTANT agrees to abide by all federal, state, and
local laws, ordinances and regulations. `o
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6.19 Force Maieure. A PARTY shall not be liable for any failure or delay in the performance r
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of this Agreement for the period that such failure or delay is due to causes beyond its
reasonable control,including but not limited to acts of God, war, strikes or labor disputes, E
embargoes, governmental orders or any other force majeure event. m
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6.20 Order of Precedence. In the event of any inconsistency or conflict in this Agreement and
any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall
prevail. m
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6.21 Construction. The PARTIES have participated jointly in the negotiation and drafting of r
this Agreement. In the event an ambiguity or question of intent or interpretation arises
with respect to this Agreement, this Agreement shall be construed as if drafted jointly by c
the PARTIES and in accordance with its fair meaning. There shall be no presumption or
burden of proof favoring or disfavoring any Party by virtue of authorship of any of the00
provisions of this Agreement.
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CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB&ASSOCIATES FOR EMPLOYEE INVESTIGATION SERVICES
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CONSULTANT SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB & ASSOCIATES FOR
EMPLOYMENT INVESTIGATION LEGAL SERVICES
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below. o
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CITY OF SAN BERNARDINO CONSULTANT:
A Municipal Corporation NORMAN TRAUB &ASSOCIATES
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Jolena Grider,Chief Assistant City Attorney Norman Traub, Senior Managing Partner r
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CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NORMAN TRAUB&ASSOCIATES FOR EMPLOYEE INVESTIGATION SERVICES
Page 10 of 10
Packet Pg. 478