HomeMy WebLinkAboutReso 130-1979 RESOLUTION NO. 1 30-79
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT FOR PROFESSIONAL SERVICES WITH
BIDDLE & ASSOCIATES, INCORPORATED
that'
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Execution of Agreement.
Execution of an Agreement for Professional Services between the City
of South San Francisco and Biddle & Associates, Incorporated, as set forth in
Exhibit "A", attached hereto, is hereby authorized.
2. Signatures.
The City Manager is authorized to execute said agreement on behalf
of the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a
regular meeting held on the 21st day of November , 1979,
by the following vote'
AYES' Councilmen Ronald G. Acosta, Emanuele N. Damonte and Terry J. Mirri
NOES' None
ABSENT' Councilman William A. Borba and Councilwoman Roberta Cerri Teglia
ATTEST'
EXHIBIT "A" .TO R[SOLIJTIO!~9~~. 130-79
ADOPTED .... movemDer ~t, /
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AGREEMENT FOR PROFESSIONAL SERVICES
This agreement, made and entered into by CITY OF SOUTH
SAN FRANCISCO , hereinafter referred to as "Employer,"
and Biddle & Associates, Incorporated, 903 Enterprise Drive,
Suite 1, Sacramento, California 95825, hereinafter referred
to as "Consultant,"
WITNESSETH:
.
WHEREAS, the Employer proposes to engage the Consultant
to render certain professional services in support of the
Employer's effort; and. ~ '
. .
WHEREAS, the desired studies and advice require technical
~xpertise and experience which Consultant has demonstrated it
possesses; ~nd ' '
WHEREAS, it' is recognized that the' Consultant cannot pro-
vide a guarantee of compliance or immune the employer from civil
rights liabilit, y;
..
NOW, THEREFORE, the parties agree as: follows:
1. Employment of Consultant. The Employer hereby
agrees to engage the COnsultant, and the Consultant
hereby agrees to perform the services hereinafter
set forth.
2. ~ontacts .for Responsibility. The Assistan~ City
Manager shall be the Employer's
designated 'representative for the purposes of adminis--
feting this contract.
3. ~cope of Service. The Consultant shall work with
the Employer: to develop an Affrimative Action Plan
for the Employer in accordance with 'the terms and
level' of work described in the 'att'ached letter (see
Exhibit A) from the Consultant to the Employer°dated
July 11, 1979.
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Cooperation with the Consultant. The Employer agrees
~o cooperate with the Consultant to the extent possible.
Time of performance. The Services of the Consultant
for this contract shall be undertaken and completed
by _ March 1. 1980 , except that certain parts
of this contract shall be completed on or before that
date. The time of performance of this contract may
be extended by mutual consent of the parties.
Compensation. The EmploYer.agrees to pay the Consul-
tant the total sum of Nine Thousand Seven Hundred and
00/100 Dollars ($9,700.00)
for the services set forth herein. These sums include
the Consultant's fees, secretarial costs for the Consultant'
travel expenses, etc., of the COnsultant. These fees do
not cover reproduction costs which the Employer will
provide. The Consultant will provide the Employer with
the materials that are necessary for reproduction. The
fee for the copyrighted training materials'is $- ~
for the master set and $ ~ royalty for each copy
the Employer reproduces. -
Method of payment. The Employer will pay to the Consul.-
tant the amount set forth in.Paragraph 6 which shall
constitute full-and .complete compensation for the Consul-
tant' s services. The Consultant will submit a bill
monthly to the Assistant City Manager
for its services.
The billing schedule will be as follows:
Month 1
Month 2
Month 3
Month 4
Month 5
Month 6
Month 7
Month 8
Month 9
Month 10
Month 11
Month 12
December 31, 1979
January 31, 1980
February 29, 1980
$ 3,233.33
$ 3,233.33
$ 3,233.34
TOTAL
$ 9,700.00
10.
11.
It is expressly understood and agreed that in no event'
will the total compensation to be paid hereunder exceed
the amounts specified in Paragraph 6 for all the services
described in this contract, even though some of the-work
performed under this contract was performed prior to %he
signing of the contract. This contract is a fixed price
contract for the work described in Paragraph. 3. Payments
will be made monthly to the Consultant by the Employer
upon receipt Of the Consultant's bill. The payments for
the copyrighted training materials will be made to the
Consultant without invoice from the Consultant quarterly,
except that the final payment is due prior to the termina-
tion. of this contract. Each payment will be 'accompanied
with a Statement by the Employer regarding the number of
copies made. ·
Auditand Inspection of Records. Consultant shall keep
accurate records of costs on a generally recognized
accounting,basis. These records shall be available to
the.Employer or.its authorized representative at a mutually
convenient time for audit at a location mutually acceptable
to the parties.' Consultant shall permit the authorized
representatives of the Employer to inspect and audit all
of its data and records relating to the performance
under this agreement.
Termination'of Agreement. This agreement shall terminate
upon completion of the project. However, this agreement
may be terminated by either party upon ten (10) days written'
notice should the other party fail substantially to
perform in accordance with the terms through no fault
of the party seeking termination. In the event this
agreement is terminated prior to completion of the project,
the Employer shall pay Consultant its costs incurred to
the time of termination. Costs shall include fees, salaries,
expenses, and a pro rata proportion of profit relating to
the amount of work performed. The prevailing party in any
dispute over this contract will receive attorney fees and
other costs' from the other party.
Assignability. This agreement-shall not be assigned
Without the prior written consent of the other party.
Copyright. Biddle & Associates, Inc., retains the copy-
right on all information generated from this contract.
The Employer retains the right to reproduce an unlimited
amount of copyrighted information generated from this
contract for internal distribution and to respond to
civil rights complaints, suits or investigations. Employer
agrees to provide Consultant with copies of all completed
work products, in final form, on or before termination of
this Agreement. -
IN WITNESS WHEREOF the Employer and the Consultant have
executed this agreement as of the date written below.
BIDDLE & ASSOCIATES,
INCORPORATED, by
Vice President
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CITY OF SOUTH SAN FRANCISCO,
by.-
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