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HomeMy WebLinkAboutCC Resolution 8398 (Efficiency Audit)RESOLUTION NO. 8398 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT WITH HUGHES, HEISS AND ASSOCIATES FOR AN EFFICIENCY AUDIT OF CITY OPERATIONS THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract with Hughes, Heiss and Associates for an efficiency audit of City operations, after approval by the City Attorney. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the sixth day of May, 1991, by the following vote to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEI(�i M. LEONCIN City Clerk ORIGiNAL 7 39' �r CONSULTINGSERVICES AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of May, 1991, by and between the City of San Rafael, hereinafter referred to as CITY, and HUGHES, HEISS AND ASSOCIATES, INC., a California corporation, whose business address is 675 Mariners Island Boulevard, Suite 108, San Mateo, CA 94404, hereinafter referred to as "CONSULTANT". RECITAL CITY desires to engage the services of CONSULTANT to conduct a Citywide Efficiency Study, providing the services described in CONSULTANT'S proposal, dated April 5, 1991, and incorporated in this agreement by reference as Exhibit "A". AGREEMENT In consideration of the mutual covenants, conditions and promises hereinafter contained, the CITY hereby engages the CONSULTANT to provide, and the CONSULTANT hereby agrees to provide the services described below. 11 A" 1. SCOPE OF SERVICES., CONSULTANT shall conduct the study in accordance with Exhibit 2. PERSONNEL: COMPENSATION: PAYMENT. A. Consulting services shall be performed only by CONSULTANT'S employees. Such services shall be compensated at the rate set out in the proposal. B. CONSULTANT shall bill monthly for services rendered and expenses specified in the proposal for materials provided by CONSULTANT. 1 Ci C. The total payment to the CONSULTANT for services and expenses for the services defined herein shall not exceed Ninety -Thousand Dollars ($90,000). 3. TERM OF AGREEMENT. The term of agreement shall begin on the date of its execution, May 22, 1991, and shall continue until completed. ( September 22, 1991) 4. COMPLFTI N F WORK CONSULTANT shaR start work as soon as this agreement is executed, and shall submit acbff Mnreport no later than four months after the initiation of the project (September 22, 1991). 5. ryi'Fi H u SERVICES., CITY may wish the CONSULTANT to perform services in addition to those described herein. If so, the CONSULTANT shall be compensated for any such services performed which are authorized in writing in advance by the City Manager at rates agreed upon in writing in advance for the additional work. 6. INSPECTION. CONSULTANT shall furnish CITY with every reasonable opportunity to ascertain that the services of CONSULTANT are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the CITY inspection and approval. The inspection of such work shall not relieve CONSULTANT of any of its obligations to fulfill its agreement as prescribed. ;N 7. JNDEPENDENT J[TDGMEbM Failure of CITY to agree with CONSULTANT'S independent findings, conclusions or recommendations, if the same are called for under this agreement, on the basis of differences' in matters of judgment shall not be construed as a failure on the part of CONSULTANT to satisfy the requirements of this agreement. 8. MSIGNMEIVT: SUBCONTRACTORS: EMPLOYEES. A. Alail'nmpntt Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey or otherwise dispose of this agreement or any right, title or interest in or to the same or any part thereof without the prior written consent to the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other parties, shall be cause to terminate immediately this agreement and any license or privilege granted herein. this agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. B. Subcontractors: EmlLvees. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT hereunder. No subcontractor of CONSULTANT shall be recognized by CITY as such; rather, all subcontractors shall be deemed employees of CONSULTANT, and CONSULTANT shall be responsible for their performance. CONSULTANT shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of CONSULTANT fails or refuses to carry out the provisions of this agreement or 3 appears to be incompetent or to act in a disorderly or improper manner, CONSULTANT shall discharge it or him from the work under this agreement on demand of the CITY. 9. INTEREST OF CONSULTANT. CONSULTANT represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONSULTANT further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. CONSULTANT certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. In the performance of the services hereunder, CONSULTANT shall at all times be deemed an independent contractor and not an agent or employee of CITY. 10. INDEMNITY, CONSULTANT shall defend, indemnify and hold harmless CITY, its officers, agents and employees of and from: A. Any and all claims and demands which may be made against CITY, its officers, agents or employees by reason of an injury to or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or omission, negligent or otherwise, of CONSULTANT, or any employee of CONSULTANT, including any subcontractors of CONSULTANT, or subcontractors' employees. B. Any and all damage to or destruction of the property of CITY, its officers, agents or employees occupied or used by or in the care, custody, or control of CONSULTANT, or in proximity to the site of CONSULTANT'S work, caused by any act or omission, negligent or otherwise, of CONSULTANT or any person deemed to be an employee of CONSULTANT including subcontractor under this agreement or of CONSULTANT'S or any subcontractor's employees or agents. C. Any and all claims or demands which may be made against CITY, its officers, agents or employees by reason of any injury to or death or damage suffered or sustained by any employee or agent of CONSULTANT or any subcontractor under this agreement, however caused, excepting however, any such claims and demands which are the result of the negligence or willful misconduct of CITY, its officers, agents or employees. 11. INSURANCE REQT `S. CONSULTANT shall obtain, and maintain in effect continuously, comprehensive general liability insurance necessary to protect the public, with limits of liability not less than $1,000,000 Combined Single Limit Bodily Injury and Property Damage and appropriate coverage endorsements to include broad -form property damage, auto and non -owned auto, and personal injury. such insurance shall name CITY, its elected officials and its other officers, and employees, as additional insureds, and shall not be reduced or canceled without thirty (30) days written prior notice certain to the CITY. CONSULTANT shall provide CITY original endorsements of the policy, as evidence of insurance protection provided. Any certificate of insurance protection provided by any insurance company or underwriter which contains the language "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company", or similar language, shall be unacceptable. The endorsement shall be approved by the City Attorney prior to this agreement becoming effective. 5 CONSULTANT shall obtain and maintain continuously workers' compensation insurance to cover all CONSULTANT'S employees to the extent required by law. 12. A(xREF,JENT BINDINQ. The terms, covenants and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns and subcontractors of both parties. 13. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this agreement or of any provision, ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law of or any other term, covenant, condition, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 14. OWNERSHIP OF DOCUMENT5, All final documents produced by CONSULTANT as a result of this agreement shall become the property of CITY which shall have the right to reproduce and distribute them as it may choose. 15. NON-DISCRIMINATION. CONSULTANT shall not discriminate against any person under any circumstance on account of race, sex, marital status, national origin, religious belief, age or condition of handicap. 0 CONSULTANT shall comply with all applicable laws, rules, regulations and ordinances, especially those pertaining to the issue of confidentiality. IN AMENDMENT/MODIFICATION, this Agreement may be modified or amended only with the prior written consent of the parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed as of the day and year first above written. CITY OF SAN RAFAEL ATTEST: For: JEAaE -M1 , City Clerk APPROVED AS TO FORM: 62 G RY T. A IANTI City Attorney 7 By: PAMELA J. NICOLAI, City Manager HUGHES, HEISS & ASSOCIATES, INC., A Corpoornration By: iNl Title: Q2e5 Md) -7-