Loading...
HomeMy WebLinkAboutCC Resolution 12637 (Interim PW Director; Mokhtari)RESOLUTION NO. 12637 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR AN INTERIM PUBLIC WORKS DIRECTOR WITH MOKHTARI ENGINEERING, INC. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, on July 7, 2008, the Council approved an agreement with Avery Associates to provide recruitment services for a Public Works Director/City Engineer; and WHEREAS, the search for a Public Works Director/City Engineer has not resulted in a suitable candidate; and WHEREAS, the City is seeking an Interim Public Works Director/City Engineer for the period of time of an extended recruitment process; and WHEREAS, the City wishes to enter into an agreement with Mokhtari Engineering, Inc. (Parviz Mokhtari, PE) to provide Interim Public Works Director/City Engineer services while recruitment for a permanent position continues. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The CITY MANAGER is authorized to execute, on behalf of the City of San Rafael, an agreement with Mokhtari Engineering Inc. so that Parviz Mokhtari shall serve as the Interim Public Works Director/City Engineer for the City of San Rafael, a copy of which is hereby attached and by this reference made a part hereof. I, ESTHER C. BEIRNE, 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 5th day of January, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Brockbank d ESTHER C. BEIRNE, City Clerk AGREEMENT FOR AN INTERIM PUBLIC WORKS DIRECTOR BETWEEN THE CITY OF SAN RAFAEL AND MOKHTARI ENGINEERING, INC. This Agreement is made and entered into this LW, 1, day of Januarv. 2009, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Mokhtari Enaineerina Inc. (hereinafter "CONTRACTOR"). 1. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Manager, Ken Nordhoff, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. Parviz Mokhtari, PE shall have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. 2. DUTIES OF CONTRACTOR CONTRACTOR shall perform the Public Works Director/City Engineer duties and/or provide services as described in Exhibit "A" attached and incorporated herein. The consultant is prohibited from bidding on or being compensated for City of San Rafael special projects or studies outside of this contract. 3. DUTIES OF CITY CITY shall cooperate with CONTRACTOR in his performance under this agreement and shall compensate CONTRACTOR as provided herein. 4. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR at a rate in the amount not to exceed $16,400 per month (prorated for any portion of a month) inclusive of all expenses and/or taxes or fees. Payment will be made monthly upon receipt by PROJECT MANAGER of invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT The term of this Agreement shall be for two months commencing upon the date of execution of this agreement. The Agreement may be extended on a monthly basis upon the mutual consent of PROJECT MANAGER and CONTRACTOR. 6. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOWs documents described in paragraph 7 below, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents directly related to CONTRACTOR'S performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, and other entities in the Franchisors' Group, their officers, agents, employees and volunteers as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, and other entities in the Franchisors' Group, their officers, agents, employees and volunteers as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. PROJECT MANAGER and the City Attorney shall approve the insurance as to form and sufficiency. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR7s officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attomey's fees and defense expenses. 11. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless CITY, and other entities in the Franchisors' Group, their officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOWs officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, and other entities in the Franchisors' Group, their officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Mr. Ken Nordhoff, City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael CA 94915-1560 TO CONTRACTOR: Parviz Mokhtari, P.E. Mokhtari Engineering, Inc. 5520 Woodhurst Lane San Jose, CA 95123 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT — AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE/OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. 21. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Ci ynager ATTEST: City Clerk CONTRACTOR By: „a Name: _P6iz Mokhtari Title: APPROVED AS TO FORM: ,a )", / �f -) I , ,-- JIL- �( . �l City Attorney U City of San Rafael Job Class Specification Job Title: Public Works Director/City Engineer SUMMARY Directs the Public Works program for the City which includes maintenance of City owned facilities such as roads, parks, buildings and vehicles, capital improvement project engineering, contract administration, traffic engineering and other related services. Serves as the City Engineer. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. This list is meant to be representative, not exhaustive. Some incumbents may not perform all the duties listed while in other cases related duties may also be assigned. • Plans, organizes, and directs the City Public Works program including four divisions: Engineering, administration, traffic and maintenance. • Develops goals and objectives for the department. • Prepares reports and analysis for City Council and City Staff. • Participates in meetings of the City Council, Planning Commission, homeowners associations and professional associations and presents verbal and written reports. • Coordinates with City Manager and other departments to identify, clarify and implement City policies and procedures, including departmental goals and objectives. • Oversees the preparation of applications for State and Federal funding to enhance City funded road maintenance works. • Serves on boards representing the City on matters affecting the City such as .TPAs and Coalitions. • Coordinates with Public Works Directors in other cities on matters of joint concern. • Evaluates, trains, counsels and disciplines staff. • Oversees the management of the capital improvement program. • Conducts investigations and resolves complaints received from the community. • Prepares and oversees the San Rafael Sanitation District Budget. • Oversees and insured implementation of SRSD emergency response and reporting procedures. • Coordinates with CMSA member agencies regarding operation of treatment plant. • Performs related duties as required, • Principles and practices of civil engineering • Federal, State and local laws impacting Public Works • Caltrans policies and procedures • Principles, practices and trends in public works administration • Principals of management • • Interpret and apply Federal, State and local laws. • Communicate effectively, verbally and in writing. • Maintain a flexible, cooperative customer service attitude. • Coordinate diverse activities of the department. • Manage a cadre of Public Works professionals and paraprofessionals. EDUCATION AND/OR EXPERIENCE: Any combination of education and experience that demonstrates possession of the requisite knowledges, skill and abilities. A typical way to obtain these would be: Bachelors degree in Civil Engineering. Six years of increasingly responsible public work construction and maintenance experience including at least two years in a managerial position. Registration as a Civil Engineer in the State of California. Valid drivers license PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit and talk or hear. The employee frequently is required to stand; walk; use hands to finger, handle, or feel; and reach with hands and arms. The employee is occasionally required to climb or balance and stoop, kneel, crouch, or crawl. The employee must frequently lift and/or move up to 10 pounds and occasionally lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works in indoor conditions and regularly works near video display. The employee is exposed to moving mechanical parts, heavy construction equipment and outside weather conditions from time to time. The noise level in the work environment is usually moderate. Prepared Date: February 2002 Prepared by: Nash & Co.