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HomeMy WebLinkAboutCC Resolution 11917 (Administrative Investigation Services)RESOLUTION NO. 11917 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH RICHARD SCHMIDT FOR ADMINISTRATIVE INVESTIGATION SERVICES. (THROUGH 6/30/07) WHEREAS, in 1997, the City Manager executed a contract for professional administrative investigative services to be conducted by Richard Schmidt for San Rafael Police Department; and WHEREAS, the San Rafael Police Department wishes to continue contracting with Richard Schmidt for those services through June 30, 2007; and WHEREAS, the original contractual rate per hour was FIFTY DOLLARS ($50.00) with mileage reimbursement rate of twenty-six cents per mile and the current rate per hour is EIGHTY-FIVE DOLLARS ($85.00) with mileage reimbursement rate as established by the Internal Revenue Service at the time the mileage occurs; and WHEREAS, the costs for those services is included in the approved budgets for the San Rafael Police Department for Fiscal Year 2005-2006 and Fiscal Year 2006-2007. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the Interim City Manager to execute, on behalf of the City of San Rafael, a "First Amendment to the Agreement for Professional Services" with Richard Schmidt, in the form attached as "Exhibit A". 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 San Rafael City Council held on the Sixth day of March, 2006, by the following vote to wit: AYES: Council Members: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Council Members: None ABSENT: Council Members: None JEWNNE M. LEONACity Clerk 1 EXHIBIT A FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into this 6TH day of March 2006, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Richard Schmidt (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR executed an Agreement for Professional Services for administrative investigative services to be conducted by Richard Schmidt for San Rafael Police Department in 1997; and WHEREAS, the current contract does not reflect the current compensation rates, the current term of agreement, reflect the mandated CITY insurance requirements, the current project manager or the mandated CITY business license requirement. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the original Professional Services Agreement of May 1, 1997 as follows: 1. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an hourly rate of $85.00 per hour. The reimbursable mileage rate shall be at the rate established by the Internal Revenue Service. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 2. TERM OF AGREEMENT. The term of this Agreement shall be for 2 years commencing on July 1, 2005 and ending on June 30, 2007. Upon mutual agreement of the parties, and subject to the approval of the City Council, the term of this Agreement shall be extended for an additional period of two years. 3. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1 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 five hundred thousand ($500,000) 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 3. 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, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named 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 Risk 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. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 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 2 and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk 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, attorney's fees and defense expenses. 4. 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: John Rohrbacher, Chief of Police Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Richard Schmidt (Project Director) P.O. Box 150906 San Rafael, CA 94915-0906 415-454-8215 5. 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. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). All other terms outlined in the May 1, 1997 Professional Services Agreement between the CITY and the CONTRACTOR are unchanged, and shall remain in full force and agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL Ken Nordhoff, Interim City Manager ATTEST: JEANNE M. LEONCWI, City Clerk APPROVED AS TO FORM: GARY T. RAGGHIANTI, City Attorney CONTRACTOR By: Name: Richard Schmidt FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into this 6TH day of March 2006, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Richard Schmidt (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR executed an Agreement for Professional Services for administrative investigative services to be conducted by Richard Schmidt for San Rafael Police Department in 1997; and WHEREAS, the current contract does not reflect the current compensation rates, the current term of agreement, reflect the mandated CITY insurance requirements, the current project manager or the mandated CITY business license requirement. NOW, THEREFORE, the parties hereby agree to amend the original Professional Services Agreement of May 1, 1997 as follows: 1. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an hourly rate of $85.00 per hour. The reimbursable mileage rate shall be at the rate established by the Internal Revenue Service. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 2. TERM OF AGREEMENT. The term of this Agreement shall be for 2 years commencing on July 1, 2005 and ending on June 30, 2007. Upon mutual agreement of the parties, and subject to the approval of the City Council, the term of this Agreement shall be extended for an additional period of two years. 3. 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 I 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 five hundred thousand ($500,000) 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 3. 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, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named 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 Risk 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. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 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 2 for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk 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, attorney's fees and defense expenses. 4. 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: John Rohrbacher, Chief of Police Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Richard Schmidt (Project Director) P.O. Box 150906 San Rafael, CA 94915-0906 415-454-8215 5. 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. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). All other terms outlined in the May 1, 1997 Professional Services Agreement between the CITY and the CONTRACTOR are unchanged, and shall remain in full force and agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. 3 CITY OF SAN RAFAEL .� A Ken No ff, Interim City M a ATTEST: ANNE M. LEONCINI, City Clerk APPR9VED �O FORM: 6LXRY T. RQ(GGB A)&I, City Attorney CONTRACTOR By: 4.A Name: Richard Schmidt