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HomeMy WebLinkAbout1994-287 RESOLUTION NO. 94-287 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND RALPH ANDERSON & ASSOCIATES, INC. FOR SERVICES RELATING TO THE PERFORMANCE OF A MANAGEMENT AUDIT OF THE POLICE DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of the city an agreement by and between the city of San Bernardino and Ralph Anderson and Associates, Inc., for services relating to the performance of a management audit of the Police Department. SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the councilmembers 19th day of September , 1994, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 20 NEGRETE 21 CURLIN 22 HERNANDEZ 23 OBERHELMAN 24 DEVLIN 25 POPE-LUDLAM 26 MILLER RESOLUTION AUTHORIZING AGREEMENT WITH RALPH ANDERSON &' ASSOCIATES 94-287 ~ty~ 1 2 3 4 5 6 The foregoing resolution is hereby approved this 22nd day of September , 1994. ~~ \ ~'1.,I,~ Tom M1nor, Mayor city of San Bernardino Approved as to form 7 and legal content: 8 JAMES F. PENMAN City Attorney ) 11 1: BY:~~. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ( . ., 94.:'287 , . r__ Ralph AilcJersell & Associates ~OFESSlOOAL SERVICES AGREEMENT This Agreement is made by and between the City of San Bernardino ("the City"), and Ralph Andersen & Associates ("the Consultant"). . 1. Proiect Enl!8lrement. The City agrees to engage the Consultant to perform those services described below, for completion of the project described as follows: Police Department Management Audit (the "Project"). 2. Services. The Consultant agrees to perform certain services necessary for completion of the Project, which services shall include, without limitation, the following: A complete description of the services to be provided are contained in a proposal from the Consultant to the City, dated August 10, 1994, and the work scope in the Request for Proposals document which is incorporated herein by reference. 3. Relationshio. The Consultant is an independent contractor and is not to be considered an agent or employee of the City. 4. Comoensation. As full compensation for the Consultant's professional services performed hereunder, the City shall pay the Consultant the fixed amount of $47,800 (Forty Seven Thousand Eight Hundred Dollars) ("professional services fee"). 5. Exoense Reimbursement. The Consultant shall be entitled for the reimbursement of expenses from the City for such expenses as travel, printing and binding, postage and delivery, and clerical and long-distance telephone charges not-to-exceed $6,100 (Six Thousand One Hundred Dollars). The Consultant shall provide the City with a listing of expenses by category of expense as a part of monthly billings. 6. Compensation for Additional Services. In the event the City requires services in addition to those described in Paragraph 2, the Consultant shall be compensated at the Consultant's standard hourly rates for professional services, plus reimbursement of expenses. Sacramento . o a I I a s . Newport Beach . Ill, I 1 II < 11 r L TI)1 Ii') 11 . .,. /. . . 94' 2"81 Professional Services Agreement Police Department Management Audit Page 2 7. Method of Pl\YIIlent. Progress payment of the Consultant's professional services fee and expenses shall be made on a monthly basis by the City upon receipt of billings from the Consultant. 8. Term. The term of this agreement shall co=ence on September 20, 1994, at which time the Consultant shall begin work on the Project and shall continue, subject to the termination provisions of Paragraph 9, until the date that the Consultant completes the Project. The time of completion of the Project is estimated to be 16 (Sixteen) weeks. 9. Termination. This agreement may be terminated: (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work i=ediately and shall be entitled to compensation for professional service fees and for expense reimbursement to the date of termination. 10. Insurance. The Consultant shall maintain in force during the term of the agreement, Comprehensive General liability Insurance with the Extended liability Endorsement, including Personal Injury; Co=ercial Umbrella liability; Automobile liability Insurance, including Non-Owned and Hired liability; and Workers' Compensation and Employers' Liability Insurance. Such insurance shall be in amounts reasonably satisfactory to the City. 11. Hold Harmless. The Consultant shall be responsible for its acts of negligence, and the City shall be responsible for its acts of negligence. The Consultant agrees to indemnify and hold the City harmless from any and all claims, demands, actions and causes of action to the extent caused by the negligent acts of the Consultant, its officers, agents and employees, by reason of the performance of this agreement. This indemnity shall not be construed to require indemnification of others. 12. Miscellaneous. a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement. b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City. I 'f' 94-287 \ " . . Professional Services Agreement Police Department Management Audit Page 3 c. This agreement shall be modified only by a written agreement duly executed by the City and the Consultant. d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect. e. This agreement shall be governed by and construed in accordance with the laws of the State of California. f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party's address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party. ATTEST: ~~ City Clerk CITY OF SAN BERNARDINO, a Municipal Corporation of State of California .---r- .~ ' -;Inn? 4r#f Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: / I [ I)' Iv!h};': 2/.J J/!;s2fk./J Ralph Andersen & Associates 1446 Ethan Way, Suite 101 Sacramento, California 95825 J~~ City Attorney