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
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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.
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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.
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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.
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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
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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.
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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.
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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:
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G RY T. A IANTI
City Attorney
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By: PAMELA J. NICOLAI,
City Manager
HUGHES, HEISS & ASSOCIATES,
INC., A Corpoornration
By: iNl
Title: Q2e5 Md) -7-