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HomeMy WebLinkAboutReso 56-1995RESOLUTION NO. 56-95 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING EXTENSION OF AGREEMENT WITH ROBERT F. BEYER TO SERVE AS INTERIM DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT WHEREAS, the City of South San Francisco seeks to continue the special assistance being provided to coordinate its efforts in Economic and Community Development; and WHEREAS, the City has determined that Robert F. Beyer of Beyer & Associates is qualified by training and experience to continue rendering such services and he has agreed to an extension of such services; and WHEREAS, the public interest for the City of South San Francisco will be served by the extension of the Agreement with Beyer & Associates. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco and Robert F. Beyer, Principal of Beyer & Associates do mutually agree as follows: 1. Robert F. Beyer, Principal of Beyer & Associates will continue to serve as Interim Director of the city's Economic and Community Development Department as outlined in the attached Agreement. 2. Said services shall be provided as above and consultation and supervision with the City Manager. in 3. If City Manager is directed to act on behalf of the City and enter into and execute the personal services agreement with Robert F. Beyer of Beyer & Associates. 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 28th day of June , 1995 by the following vote: AYES: Councilmembers Jack Dra.qo, Joseph A. Fernekes, John R. Penna, Roberta Cerri Teqlia and Mayor Robert Yee NOES: None ABSTAIN: None ABSENT: None Beyer. Agt 2 EXHIBIT TO RESOLUTION NO. 56-95 EXTENSION TO AGREEMENT FOR CONTRACT CONSULTING SERVICES INTERIM DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO This agreement for Contract Consulting Services ("Agreement") is entered into as of the ~',)-]q day of June, 1995, by and between the City of South San Francisco, a public body corporate and politic, ("City"), and BEYER & ASSOCIATES ("Consultant"). RECITALS A. The City and Consultant desire to continue the consulting services contract for Consultant to provide Interim Director of Economic and Community Development assignment, to provide direction to the Department of Economic and Community Development; and to provide redevelopment and economic development coordination. B. The City desires that Consultant develop strategies in conjunction with the City Manager which will provide the direction for the Department of Economic and Community Development and the City identifying those shifts in direction for the Department to take to meet the new development challenges and opportunities for the 1990's. C. The City desires that Consultant provide economic and redevelopment project management of certain projects such as the Shearwater and Downtown Central Redevelopment Project Areas. AGREEMENT NOW TffEREFORE, for valuable consideration, the.~ receipt and adequacy of which is /~-~ hereby acknowledged, the City and Consultant agree as follows: Consultant will serve as and perform the obligations of Consultant as described in this Agreement for the period beginning on the first day of June and ending on the 30th day of June, 1996 ("Term"), unless sooner terminated as provided in this Agreement. 2. SCOPE OF SERVICES: , Consultant shall provide administrative management services as Interim Director of Community Development as requested by and under the direction of the City manager on the terms set forth in this Agreement. Consultant shall make available twenty (20) hours of his time per week during office hours, holding office hours in the Department of Economic and Community Development's administrative office, and such additional time as required to fulfill the responsibilities of Interim Director and to perform his services under this Agreement on the schedule mutually acceptable to the parties. Consultant shall attend two regular meetings of the City Council a month if requested by the City Manager to present items relevant to the Department. Consultant shall not be ' compensated for these meetings. Consultant's attendance at City workshops, study sessions of the City Council not held as part of one of the two City Council meeting, Planning Commission meetings and other similar extraordinary meetings as may be required by the City Manager, shall be compensated pursuant to Section 3 of this Agreement. The scope of services to be performed by Consultant pursuant to this Agreement shall include the following: ao Direct and manage all Department of Economic and Community Development staff. bo Review all agendas for the Planning Commission and supporting documentation for Planning Commission and City Council meetings. Responsible for the preparation of all staff analyses and reports requested by the City Manager. do Provide information and assistance to the Planning Commission, City Council, City Manager, City departments, and other public agencies and the public relating to activities of the Department of Economic and Community Development. eo To develop a strategic plan for furthering the economic development objectives of the city. f. To manage the Shearwater and Downtown Central Redevelopment Projects. 3. COMPENSATION OF CONSULTANT: Commencing on June 1, 1995, as Consultant's compensation for performance of its obligations under this Agreement, City shall pay Consultant at a fixed rate of One Thousand Five Hundred ($1,500) per week of work which Consultant performs pursuant to Section 2 of this Agreement. In addition, the City shall pay Consultant at a rate of seventy-five dollars ($75.00) per hour for his attendance at extraordinary meetings as defined in Section 2 of this Agreement. Consultant shall not be compensated for travel expenses nor for attendance at two regular City Council meetings per month. Consultant's total compensation under this Agreement during Term shall not exceed the sum of Eighty Five Thousand dollars ($85,000), without the prior written approval of the City Manager. 4. RELATiONSHIP OF PARTIES: It is expressly understood that Consultant shall act solely as an independent contractor in the performance of its obligations hereunder and that no agency, employee, partnership or other relationship is intended to be, or is, established by this Agreement. Consultant shall not have the right or power to bind the agency to any contract or obligation. .... 5. INDEMNIFICATION: City shall indemnify, defend and hold harmless Consultant from and against all claims, suits, actions or labilities of every name, kind and description brought for, or on account of, injuries to or death of any person or damage to property and other liability of whatever nature resulting from the performance by Consultant o£ Consultant's obligations under this Agreement, so long as the Consultan's act or acts causing the claims, suits, actions or labilities were within the scope of the Consultan's authority as set forth in this Agreement and were not fraudulent, negligent, willful or intentionally tortious or criminal acts. 6. ASSIGNMENT PROHIBITED: Consultant shall not assign or transfer all or any portion of this Agreement, either voluntarily or by operation of law or otherwise, without the prior written consents of the City, which consent may be granted or withheld in the City's absolute discretion. Any attempted assignment without prior written consent shall be void and shall entitle the City to terminate this Agreement. 7. TERMINATION: Notwithstanding anything to the contrary set forth in this Agreement, either party may terminate this Agreement by giving ten (10) days prior written notice to the other party. Upon termination, Consultant will be compensated for a final billing amount reflecting all work actually performed under this Agreement prior to the effective date of termination as set forth in said notice. 8. CONFIDENTIAL INFORMATION: During and after the Term of this Agreement, Consultant shall maintain in confidence and not use, except to the extent required to perform its obligations under this Agreement, any and all proprietary or confidential information of the City of which Consultant may become aware in the performance of his services. 9. CONFLICT OF INTEREST: During the Term of this Agreement, Consultant shall not accept employment or consulting work, or enter into a contract or accept any obligation which is inconsistent or incompatible with Consultant's obligations under this Agreement. I0. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 11. ENTIRE AGREEMENT: This Agreement represents the entire understanding and agreement of the parties as to the subject matter of the Agreement. This agreement may not be changed orally, but only by and amendment in writing signed by the party against whom enforcement by any waiver, change, modification, extension or discharge is sought. 12. WAIVER OF BREACH: Waiver by the City of a breach of any provision of this Agreement by Consultant shall not operate or be construed as a waiver of any subsequent breach by Consultant. 13. ATTORNEY'S FEES: If a legal action is instituted by either party to enforce the terms and conditions of this Agreement against the other, the party prevailing in the action shall be entitled to recover all reasonable attorney's's fees and costs incurred by the prevailing party in the action. 14. PARTIAL INVALIDITY: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless shall continue in full force and effect without being impaired or invalidated in any way. 15. HEADINGS: This Agreement shall not be interpreted by reference to any to the titles or heading tothe paragraphs in this Agreement, which have been inserted for convenience purposes only and are not deemed a part of this Agreement. 16. NOTICE: All notices, request and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if mailed to the parties at the addresses shown, below, or at such other address as either party may designate by written notice to the other. Any such notice or communications shall be deemed effective upon receipt or on the third (3) day after mailing in the United States mail, certified or registered, postage prepaid with return receipt requested. IF TO "CONSULTANT": IF TO "CITY": Robert F. Beyer BEYER & ASSOCIATES P.O. Box 2911 Saratoga, CA 95070 City Manager City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CONSULTANT" APPROVED AS TO FORM BEYER & ASSOCIATES City Attorney ATTEST: City Clerk City Manager