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CITVOF SAN BERNARDINcO- REOJEST FOR COUNCIL <:leT ION
From: Larry E. Reed, Di rector
Dept: Planning and Building Services
Date: August 9, 1990
Subject: Agreement with Smithson/Dillon Associates
Mayor and Council Meeting of
August 20, 1990
Synopsis of Previous Council action:
An agreement with Smithson/Dillon to conduct a management audit of the City's Planning
and Building Services Department was approved by the Mayor and Common Council on May 7,
1990. The study was completed in July, 1990. The Council adopted the final report on
August 6, 1990.
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Recommended motion:
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Adopt Resolution.
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Ignature
Contact person: Larrv E. Reed
Phone: 384-5357
Supporting data attached: Staff Reoort and Resol uti on Ward:
FUNDING REQUIREMENTS: Amount: $9,000.00
Source: (Acct. No.) 001-181-53150 ($4,500.00) & 001-171-53150 (4,500.(
Finance:
Services
Acct. Descri tion Professional
Council Notes:
75-0262
Agenda Item NO.~S
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. CITY f! SAN BERNARDINOO RE~EST FOR COUNCIL OTION
STAFF REPORT
Subject:
Consultant contract
Building Services
Procedures.
for developing Planning and
Department Standard Operating
Mayor and Common Council Meeting of August 20, 1990.
REOUEST
Staff requests that the Mayor and Common Council adopt a
Resolution to enter into a contractual agreement with smith-
son/Dillon Associates for the development of Standard Operat-
ing Procedures for the Planning and Building Services Depart-
ment.
BACKGROUND
In May, 1990, the Mayor and Common Council adopted a Resolu-
tion authorizing the execution of an agreement with
smithson/Dillon Associates to conduct a management audit of
the City's Planning and Building Services Department.
Recommendation No. 1 of the Management Study was that a
department-wide Standard operating Procedures manual be
developed. The report indicated that the lack of written
procedures contributes to delays and errors when orienting
new staff; implementing new programs and ordinances; respond-
ing to inquiries; and, continuing to meet work deadlines when
staff are absent or when they leave their current positions.
The report concludes that implementation of this
recommendation should be accomplished within three months to
reduce duplication 'and standardize information provided to
other City departments and the public.
smithson/Dillon Associates has submitted a quote on develop-
ing Standard Operating Procedures for Planning and Building
Services. This would involve interviewing staff, recommend-
ing changes to existing practices, writing procedures and
developing forms. All material will be laser-printed. The
estimated cost for this contract is $9,000.00.
75-0264
A
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^onsul tant contract for nvelopn Planning and BuildingQ
~ervices Department Standa~ opera~ng Procedures.
Mayor and Common Council Meeting of August 20, 1990
Page 2
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL
The Mayor and Common Council may: 1. Adopt the Resolution
to execute the contractual agreement with Smithson/Dillon
Associates to develop Standard Operating Procedures for the
Planning and Building Services Department at a cost of
approximately $9,000.001 2. Direct Staff to send out a
Request for Proposal to other firms to obtain alternative
bids1 3. Direct Staff to prepare the Standard Operating
Procedures (Option 2 and 3 would delay preparation of the
Standard Operating Procedures beyond the 3-month target date
indicated in the Management Study).
RECOMMENDATION
It is recommended the Mayor and Common Council adopt a
Resolution authorizing the Mayor to execute a contractual
agreement between the City and Smithson/Dillon Associates for
development of Standard Operating Procedures for the Planning
and Building Services Department.
Prepared by:
Ann Larson-Perbix
Senior Planner
For Larry E. Reed, Director
Planning and Building
Exhibit A - Agreement
Exhibit B - scope of Work
Attachments:
M&CCAGENDA:STAND.OP.PROC.
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REC'O.-AOMIK. OFF.
1990 JIlL I 8 I,~~!(): 41
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July 16, 1990
Ma. Shauna Bdw1n.
City AdJaini.uator
Ci ty of San Bernardino
300 North '!D" Street
San Bernardino, CA 92418
Dear Shauna:
Subject: Follow-up Information on Managelllent Study
po.ition De.cription.
Enclosed per our discussion last week are po.ition descriptions
for Staff Analyst and Administrative Analyst. W. received the
descriptions and the salary level. frOll the County of San
Bernardino Personnel Department.
We recoaunend that the City of San Bernardino hire a journey-level
analyst to write procedures for the Planning and Building services
Department. The descriptions for either the Staff Analyst II or
the Administrative Analyst 1/11 would be appropriate for the ne.
position. The salary level in our Prel1a1nary Report i. based
on the City of San Bernardino Personnel Analyst po.i tion.
S'taD~.Y'd Operating Procedure.
You also requested a quote on developing Standard Operating
procedures for Planning and Building service.. we propo.e
accomplishing one (1) or IDOre of the following over a two (2)
IDOnth period, depending upon City priodtie. and budget:
1. An outline for the Standard Operating Procedures Manual
2. COunter Procedure. section, including certificate. of
OCCUpancy, Building PerID1t. and Planning Procedure. (counter)
3. Three (3) handouts for the public
4. Building Inspection section
5. Code Bnforce.ent section
6. Advanced Planning section
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EXHIBIT I
SDX
Me,...,... .... Cc:JrsMIInII
2377 Cren.haw Blvd. . Suite 152' TOlTllnce. CA 90501 . (213) 7B2-9787 . FAX (213) 212-715:
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we ..t:.t.a~_~t: _ could aC(1~pl1.h 1w.a 1. - 3. 1n n1ae (9)
conault:ing:'UYa end 1w.a ~. - 6. 1n n1ae (9) conaul1:ing da1'8.
Thi. would ;SIW01~ 1nterv1ew1ng .t:aU, recc_I"\41ng cheng.. to
eai.t:i.ng ~ce8, wr1ting procecSure., and develop1ng forma, a.
neecSed.. All _terial w111 be la.er-printed.
If you, the Mayor and ComIOn council agree to hire our f1rID to
begin writing the procecSure., I recclrlW\d that.. negotiate a
IIIOIlthly f.. c:caparable to salary and benef1 t. for a Personnal
Analyst: at: a .tep ~ (approzi_tely S~,!500. OO/lIOnth) . At our
conaul1:ing f.. of S!500/day, th1. would provia nine (9) consulting
daya/.onth.
If you ha~ other recc..ncSat10na for the work on the procecSur..,
pl.... let _ knOW. Craig and I are open to nago1:ia1:ing other
alternati~. I alii looking forward to hearing frOla you soon.
sincerely,
~~~~aJ
Barbara A. Dillon
Partner
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN
THE EXECUTION OF AN AGREEMENT
ASSOCIATES TO DEVELOP A STANDARD
MANUAL FOR THE PLANNING AND BUILDING
BERNARDINO AUTHORIZING
WITH SMITHSON/DILLON
OPERATING PROCEDURES
SERVICES DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION
The Mayor of the city of San
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Bernardino is hereby authorized and directed to execute on
behalf of said City an Agreement with Smithson/Dillon
Associates to develop a Standard Operating Procedures
Manual for the Department
of
Planning and Building
Services, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully
as though set forth at length.
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 pass~ge 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
day of
meeting thereof, held on the
, 1990, by the following vote, to
wit:
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o RESOLUTION AUTHORIZQ AN A~EMENT WITH SMITHSON/DIQ,N
ASSOCIATES RE: STANDARD OPERATING PROCEDURES MANUAL FOR
1 PLANNING AND BUILDING SERVICES DEPARTMENT
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Council members
AnS.
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ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLUM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1990.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
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By: ~'l-1v7 7 .Ic'~---
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AGREEMENT
(Standard Operating Procedures Manual
Planning and Building Services)
THIS AGREEMENT is made this
day of
1990, between the CITY OF SAN BERNARDINO,
referred to as "City", and SMITHSON/DILLON
hereinafter
ASSOCIATES,
hereinafter referred to as "Consultant".
City and Consultant agree as follows:
1.
Oualifications.
Consultant represents that
it possesses all professional qualifications necessary to
render the services to the City as set forth herein, and city
enters into this Agreement in reliance upon Consultant's
express representations in regard thereto.
2.
Emolovment
City hereby
of Consultant.
employs Consultant and Consultant agrees
to develop a
Standard Operating Procedures Manual for the City's Planning
and Building Services Department as described in Exhibit I, a
copy of a letter dated July 16, 1990, from Consultant to the
City Administrator, attached and incorporated herein by
reference.
3.
Personnel.
Consultant represents that it
has, or will secure at its own expense, all personnel
required to perform the services by Consultant called for
under this agreement. Consultant shall at all times be and
remain an independent contractor, and such personnel as may
be employed by Consultant shall not be employed as agents of
city for any purpose.
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AGREEMENT WITH SMIT~N/DILO ASSOCIATES REGARDING S~ARD
OPERATING PROCEDURE~AL PLANNING AND BUILDING SER~ES
4.
Time of
shall
Performance.
Consultant
complete the
operatinq Procedures Manual for
Standard
the
Department of Planninq and Buildinq Services within sixty
(60) days followinq the execution of this aqreement.
5.
ComDensation.
city shall pay to consultant
a sum not to exceed Nine Thousand Dollars (9,000.00) which
shall be paid to Consultant in accordance with Paraqraph 6 of
this aqreement.
6.
provision for PaYment.
Payment to CONSULTANT
for services provided under this aqreement shall be at the
rate of FIVE HUNDRED DOLLARS ($500.00) per day and in no
event shall exceed
THOUSAND DOLLARS ($9,000.00).
NINE
CONSULTANT shall maintain and file every two (2) weeks with
the Department a record of hours expended on assiqned
projects and the Department shall submit a claim or request
for payment to the Finance Department every two (2) weeks.
CONSULTANT shall devote all hours necessary
to insure
adequate performance hereunder.
CONSULTANT shall assume and
pay all out-of pocket expenses and costs of performinq
services under this aqreement and CITY shall not be liable
for such costs and expenses.
7.
Warranties
of
Consultant.
Consultant
specifically warrants and represents its skills and expertise
to be adequate and competent for the completion of the
assiqnment hereunder in a qood and professional manner.
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AGREEMENT WITH SMI~N/DI~ ASSOCIATES REGARDING ST~ARD
OPERATING PROCEDURE~AL"'PLANNING AND BUILDING SER~ES
8.
Assianabilitv
The experience, skill and
expertise of Consultant is of the essence of this agreement.
Consultant shall not
assign (whether by assignment or
novation) this agreement or delegate the duties or any right
or interest hereunder in whole or in part without the prior
written consent of City. Any assignment or attempt to assign
this agreement without such prior written consent or by
operation of law shall be void and shall constitute cause for
termination.
9.
Findinas
Confidential.
Any
reports,
information or data given to or prepared or assembled by
Consultant under this agreement shall not be made available
to any individual or organization by Consultant without the
prior written approval of city.
Any information to be
released shall be released only by the City, or by Consultant
after written approval of such release from City.
10.
Termination of Contract.
City or Consultant
may terminate this agreement for any reason at any time by
giving written notice of such termination and specifying the
effective date thereof at least five (5) days before the
effective date of such termination.
In that event, all
finished and unfinished documents, data, studies, surveys,
drawings and reports or other material prepared by Consultant
under this agreement shall, at the option of City, become its
property, and Consultant shall be entitled to receive just
and
equitable compensation
for any satisfactory
work
completed on such documents and other materials.
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AGREEMENT WITH SMITHf\N/DILur\ ASSOCIATES REGARDING ST~ARD
OPERATING PROCEDURES~AL~LANNING AND BUILDING SER~ES
Notwithstanding the above, Consultant shall not be
relieved of liability to City for damages sustained by City
by virtue of any breach of this agreement by Consultant, and
City may withhold any payments to Consultant for the purpose
of set-off until such time as the exact amount of damages due
City from Consultant to City are determined.
11.
Amendment.
Should City require changes in
the scope of the services of Consultant to be performed
hereunder, such changes, including any corresponding increase
or decrease in the amount of Consultant's compensation which
shall be mutually agreed upon by city and Consultant, shall
be incorporated in this agreement only by written amendments
hereto.
12.
Hold Harmless.
Consultant shall indemnify,
defend and hold harmless city and its officers, employees and
agents from any claim, loss, cost, damage, demand, expense or
liability, including reasonable attorney's fees, to the
extent resulting from any intentional or negligent act or
omission of Consultant, its partners, agents, employees or
sublicenses relating to this agreement.
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AGREEMENT WITH SMI~N/DI~ ASSOCIATES REGARDING ST~ARD
OPERATING PROCEDURES~AL ~LANNING AND BUILDING SER~ES
13.
RelationshiD to Parties
Consultant is
acting as an independent contractor, and not as an employee
of the city.
In the performance of personal services
pursuant to the provisions of this Agreement, Consultant
shall not be supervised, directed, or under the control or
authority of any City officer or employee, except and to the
extent as may be expressly or implicitly required by the
terms and provisions of this Agreement. Any direction or
control so required under this Agreement shall be limited to
broad objectives or goals of the project or program to be
accomplished and not to the details and procedures to
accomplish such objectives and goals. Consultant shall not
be obligated to conform to the supervision or direction of
city officers or employees which are not authorized herein.
Changes or modifications of said objectives and goals may be
made by written recommendations of either party subject to
the concurrence of the other party in writing.
14.
Notices.
All notices herein required shall
be in writing and delivered in person or sent by certified
mail, postage prepaid, addressed as follows:
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City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Consultant
Smithson/Dillon Associates
2377 Crenshaw Boulevard
Sui te #152
Torrance, CA 90501
15.
Time of the Essence.
Time is of the essence
with
Consultant's
performance under this
respect
to
agreement.
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II(:J AGREEMENT WITH SMITHSO~lILLONf"'kSOCIATES REGARDING STAND^
OPERATING PROCEDURES ~L - P~ING AND BUILDING SERVICE~
16. Anti-Discrimination.
Consultant certifies
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and
agrees that all persons employed
by Consultant, its
affiliates, subsidiaries or holding companies are and will be
treated equally by Consultant without regard to or because of
race, religion, ancestry, national origin, or sex and in
compliance with state and Federal Anti-Discrimination laws.
Consultant further certifies and agrees that it will deal
with its Subcontractors, Bidders and Vendors without regard
to or because of race, religion, ancestry, national origin or
sex.
17.
Consultant to Abide bv Laws.
Consultant
is required to abide by all Federal, State and Local laws
applicable to the SCOPE OF WORK.
18.
Attornev's Fees.
In the event that an
action is filed by either party to enforce rights under this
agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees in addition to any other relief
granted by the court.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the date and year first hereinabove
written.
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AGREEMENT WITH SMITQN/DILO ASSOCIATES REGARDING S~ARD
OPERATING PROCEDURES MANUAL - PLANNING AND BUILDING SER~ES
ATTEST:
CITY OF SAN BERNARDINO
city Clerk
W.R. HOLCOMB, MAYOR
Smithson/Dillon Associates
By:
Title:
Approved as to
form and legal content
James F. Penman,
City Attorney
By:
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
Larry E. Reed, Director Planning & Building Services
ATTN:
Ann Larson-Perbix, Senior Planner
FROM:
Henry Empeno, Jr., Deputy City Attorney
DATE:
August 15, 1990
AGREEMENT WITH SMITHSON/DILLON ASSOCIATES
FOR MAYOR AND COMMON COUNCIL MEETING OF AUGUST 20, 1990
HE:
Attached is the Resolution and Agreement with my proposed
corrections.
Your draft Agreement does not contain any insurance
provisions. I spoke to Barbara Dillon of Smithson/Dillon
Associates on August 15, 1990, who told me that her company does
not have professional liability insurance coverage and that
obtaining such coverage would be impractical given that the
contract is for Nine Thousand Dollars ($9,000.00) only. I have
left the Insurance Paragraph out of my proposed corrections
because of the limited exposure to the City in relation to the
Consultant's type of work, but the Mayor and Common Council
should be informed of this omission.
When you resubmit the final documents for processing, please
attach a copy of the Agreement to the Resolution marked Exhibit
"A" as well as the original Agreement.
Thank you for your assistance in this matter.
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HENRY EMPENO,JR.,
Deputy City Attorney
cc: James F. Penman, City Attorney
Shauna Edwins, City Administrator
[HE/dys/smithson.mem]