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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, / · 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. ~ o · · 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 Title Date / CITY OF SOUTH SAN FRANCISCO, by.- Title Date