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HomeMy WebLinkAbout2012-094 2012-94 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 4th day of .rune 2012 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and BOB HEITZMAN of RH CONSULTING("CONSULTANT"). WITNESSETH : A. WHEREAS, CITY proposes to have CONSULTANT perform the services described herein below; and B. WHEREAS, CONSULTANT represents that he has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY and CONSULTANT desire to contract for Assistant City Manager Services as described in the City of San Bernardino Assistant City Manager Job Description ("Scope of Services"), attached hereto as Exhibit "A"; and D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scone of Services. For the remuneration stipulated, CONSULTANT shall provide the professional services described in the Scope of Services attached hereto as Exhibit"A" and incorporated herein by this reference. If a conflict arises between the Scope of Services and this Professional Services Agreement(hereinafter"Agreement"),the terms of the Agreement shall govern. 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that he is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. CONSULTANT further represents that no CITY employee will provide any services under this Agreement. CADOCUMENTS AND SETTINGS\SEASLAND\LOCAL SETTINGS\TEMP\MMUTETRAQ\SANBERNARDINOCITYCA®SANBERNARDINOCrrYCA.IQM2.COM\WORK\ATTACHMENTS003 9.DOCX 1 2012-94 1.3. Warranty. CONSULTANT warrants that he shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including,but not limited to,those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims, demands,payments, suits, actions,proceedings, and judgments of every nature and description including reasonable attomeys' fees and costs,presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to CONSULTANT's performance under this Agreement. 1.4. Nan-discrimination. In performing this Agreement, CONSULTANT shall not engage in discrimination in employment of persons because of their race, religion, color, national origin,ancestry,age,mental or physical disability,medical condition,marital status,sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSULTANT's sole cost and expense. 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANT shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 1.8 CITY Business Certificate. CONSULTANT shall obtain and maintain during the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of CONSULTANT to practice his profession, skill or business. 2.0. COMPENSATION AND BILLING Ct\DOCUMENTS AND SETTINGS\SEASLAND\LOCAL SETTINGS\TEMP\MINUTETRAQ\SANBERNARDINOCITYCA @SANBERNARDINOCITYCA.IQM2.COM\W ORK\ATTACHMENTS\303 9.DOCX 2 2012-94 2.1. Compensation. Except as provided herein, CONSULTANT shall be compensated for his services at $100.00 an hour and CONSULTANT's travel time shall be paid at $50.00 an hour after the third round trip travel time each month. In no event shall CONSULTANT be paid more than$50,000 for his services and travel time. 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the Scope of Services unless the CITY, prior to CONSULTANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billine. CONSULTANT may submit invoices to CITY for approval. Said invoice shall be based on the total of all CONSULTANT's services which have been completed to CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-five (45) days from the date CITY receives said invoice. The invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TERM AND NOTIFICATION. 3.1. Term. This Agreement shall commence on the Effective Date and continue through December 31, 2012, unless the Agreement is previously terminated or amended as provided for herein. 3.2 Termination. CITY or CONSULTANT may terminate the services provided under Section 1.1 of this Agreement upon thirty(30)days written notice to the other party. In the event of termination, CONSULTANT shall be paid the reasonable value of services rendered to the date of termination. 3.3 Documents. In the event of termination of this Agreement, all documents prepared by CONSULTANT in his performance of this Agreement shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. 4.0. INSURANCE C:\DOCUMENTS AND SETTTNGS\SEASLAND\LOCAL SETrINGS\TEMPU IMUTETRAQ\SANBERNARDINOCITYCA @SANBERNARDINOCITYCA.IQM2.COM\W ORK\ATTACHMENTS\303 9.DOCX 3 2012-94 4.1. Minimum Scone and Limits of Insurance. CONSULTANT shall obtain and maintain during the term of this Agreement all of the following insurance coverages: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars($1,000,000.00), combined single limits,per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits,per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. 4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the fallowing provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate,nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY,prior to performing any services under this Agreement. 4.4. Non-limitine. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement,or the extent to which CONSULTANT may be held responsible for payments of damages to persons or property. 5.0. GENERAL PROVISIONS 5.1. Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement maybe modified only in writing,and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any CADOCUMENTS AND SETTINGS\SEASLAND\LOCAL SETTINGS\TEMP\M INUTETRAQ\SANBERNARDMOCITYCA QSANBERNARDINOCrrYCA.IQM2.COAW ORK\ATTACHMENTS003 9.DOCX 4 2012-94 inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery,facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Bob Heitzman City Manager RH Consulting 300 North"D" Street 61619 Topaz Drive San Bernardino, CA 92418 La Quinta, CA 92253 Telephone: (909) 384-5122 Telephone: (760) 668-8421 Facsimile: (909)384-5138 5.3. Attorneys' Fees: In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 5.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Assi r rent: CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend, indemnify and hold harmless CITY and its elected and appointed officials, boards, commissions, C9DOCUMENTS AND SETTINGS\SEASLAND\LOCAL SETTINGS\TEMMMMUTETRAQ\SANBERNARDMOCITYCAQ SANBERNARDINOCITYCA.IQM2.COM\WORKWTTACHMENTSU03 9.DOCX 5 2012-94 officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSULTANT's performance under this Agreement, except when caused solely by the CITY's negligence. 5.7. Independent Contractor. CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall secure, at his expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. CONSULTANT shall not be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT's work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and CONSULTANT. 5.8 Conflict of Interest Disclosure: CONSULTANT may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 5.9. Responsibility for Errors. CONSULTANT shall be responsible for his work and results under this Agreement. CONSULTANT,when requested,shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs,then CONSULTANT shall,at no cost to CITY,provide all other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 5.10. Prohibited Employment. CONSULTANT shall not employ any current employee of CITY to perform the work under this Agreement while this Agreement is in effect. 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as C1D000MENTS AND SETTINGS\SEASLANMLOCAL SETTINGS\TEMP\MINUTETRAQ\SANBERNARDINOCITYCA QSANBERNARDINOCITYCA.IQM2.COM\W ORK\ATTACRMENTS\303 9.DOCX 6 2012-94 expressly provided herein. 5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5.13, Headings Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.14. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 5.15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 5.16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 5.17. Counterparts: This Agreement may be executed in one or more counterparts,each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 5.18. Corporate Authori ty. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. CADOCUMENTS AND SETTINGS\SEASLAND\LOCAL SETTINGS\TEMP\MINUTETRAQ\SANBERNARDINOCITYCAQ SANBERNARDINOCITYCA.IQM2.COM\WORK\ATTACHMENTS\303 9.DOCX 7 2012-94 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, CONSULTANT A Municipal Corporation ��� 144 of 3�/Q-QUJJ AAA/A Andrea Travis-Miller, Acting City Manager Sign Name and Title ATTZ.bd ' .c�lanchz.z �Lcr Georgeann "Gigi" Hanna, City CWrk APPROVED AS TO FORM: JAMES F. PENMAN, City Attorney Q CAD000MENTS AND SETTINGS\SEASLAND\LOCAL SETTINGS\TEMP\MINUTETRAQ\SANBERNARDINOCITYCA @SANBERNARDINOCITYCA.IQM2.COM\WORK\ATTACHMENTS\303 9.DOCX 8 2012-94 Class Code: 10844 WCC Date Adopted: January 24, 2011 City of San Bernardino Signature: �/ dkaa �% Director, Hum9WResources Bargaining Unit:Management(Confidentlal EEOC Job Category: Officials and Administrators Class Specification ASSISTANT CITY MANAGER(U) JOB SUMMARY Under policy direction from the City Manager, assists in managing and directing the day-today operations of City government; manages major projects and performs highly complex and responsible administrative, financial, statistical and other management analyses in support of City activities,functions and programs; provides sound, expert professional recommendations and significant assistance in formulating policy, procedure and legislative positions; participates in long-range and strategic planning initiatives; coordinates activities and ensures support to the Mayor and City Council; and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS The incumbent of this single-position Gass assists the City Manager In the day-today administration of City government and in the planning and execution of programs and projects for accomplishing City goals and objectives within broad general policy guidelines and Mayor and City Council mandates. The incumbent operates with substantial latitude and discretion to achieve effective and efficient utilization of the City's resources in serving the City's constituencies. ESSENTIAL DUTIES AND RESPONSIBILITIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. 1. Plans, organizes, Controls, manages and evaluates the work of staff of the City Manager's Office; with subordinate staff, participates in establishing operational plans and Initiatives to meet goals and objectives of the Office; implements, work programs, processes, procedures and policies required to achieve overall Office performance results; coordinates and integrates Office functions and responsibilities to achieve optimal efficiency and effectiveness; participates in developing and monitoring performance against the annual Office budget. 2. Plans and evaluates the performance of assigned staff; establishes performance requirements and personal development targets; monitors performance and provides coaching for performance improvement and development; provides or recommends compensation and other rewards to recognize performance; takes disciplinary action, up to and including termination, to address performance deficiencies, subject to management concurrence, in accordance with the City's human resources policies and procedures and labor contract provisions. 3. Provides leadership and works with staff to develop and maintain a high performance, customer service-oriented work environment that supports achieving the City's mission, strategic goals and core values. Assistant city Manager(U) Page 7 2012-94 4. Assists the City Manager in planning, coordinating, controlling, integrating and evaluating the work of City departments; works closely with the City Manager, Mayor, City Council and constituent groups in developing and implementing programs to achieve City priorities and solve problems in areas of assignment; advises the City Manager and the Mayor and City Council on related matters; manages and coordinates preparation of analyses and recommendations on public policy Issues and on long-range plans for City services; develops and coordinates proposals for action on current and future City needs; represents the City and works closely with appointed boards and committees and public and private officials to achieve planned action and results and provide technical assistance in resolving problems. 5. Coordinates, serves as project leader and/or participates in long-range planning initiatives; as project leader, defines project goals and objectives, convenes appropriate task forces and committees, develops agendas and facilitates meetings, develops and manages the work program, develops and manages consultant contracts and monitors project status and progress; develops, recommends and participates In implementing financial and other strategies, assigned projects and programs, policies and systems to achieve short-and long-term goals and objectives. 6. Assists in development of the annual City budget and associated budget processes; participates in the analysis of proposed legislation and regulation; Interprets City Manager and City Council instructions and requests; makes interpretations of City ordin- anoss, codes and applicable laws and regulations to ensure compliance by City departments and staff. 7. Performs complex and sensitive administrative studies, investigations and surveys; analyzes proposals, contracts, reports, bids and similar documents and approves or recommends appropriate action; directs, oversees and/or participates in the preparation of a wide variety of reports and presentations for the City Council, City management and outside agencies; coordinates policy, administrative and operational support for the Mayor and City Council. 8. Represents the City and City Manager in meetings with civic, community and industry groups and with representatives of other governmental agencies as assigned. 9. Acts in the absence of the City Manager. GENERAL QUALIFICATIONS Knowledge of 1. Theory, principles, practices and techniques of public administration, including municipal budgeting, public agency financing, financial administration, program and policy formulation, purchasing and maintenance of public records. 2. Applicable state and federal law and regulations governing the administration and operations of a municipal agency. 3. City functions and associated management,financial and public policy issues. 4. Organization and functions of an elected City Council and the Brown Act and other regulations governing the conduct of public meetings. 5. Principles and practices of public personnel management and labor management relations. 6. Social, political and environmental issues influencing program development and administration. 7. Principles and practices of effective management and supervision. 8. City human resources policies and procedures, Civil Service Rules and labor contract provisions. Assistant City Manager(U) Page 2 2012-94 Ability to: 1. Assist in and play an active leadership role, as assigned by the City Manager, in planning, integrating and directing a broad range of complex City services and programs. 2. Define complex public policy, management and operational issues, perform complex analyses and research, evaluate alternatives and develop sound conclusions and recommendations. 3. Present proposals and recommendations clearly, logically and persuasively in public meetings. 4. Understand, interpret, explain and apply City, state and federal laws and regulations governing the conduct of City operations. 5. Evaluate, develop and Implement management systems, policies and controls. 6. Exercise sound, expert independent judgment within general policy guidelines. 7. Prepare clear, concise and comprehensive correspondence, reports and other written materials. B. Exercise tact, diplomacy and political acumen in dealing with highly sensitive political, public policy, community and employee Issues and situations. 9. Establish and maintain effective working relationships with the City Council, all levels of City management, other governmental officials, community and civic organizations, employee organizations, employees, the media, the public and others encountered in the course of work. MINIMUM QUALIFICATIONS Education, Training and Experience: A typical way of obtaining the knowledge, skills and abilities outlined above is graduation from an accredited college or university with a major in public or business administration, political science or a related field; accreditation shall be by a national or regional accreditation body that is recognized by the secretary of the United States Department of Education; and seven years of progressively responsible experience in the management and administration of a municipal government; or an equivalent combination of training and experience. A Master's degree in Public Administration may be substituted for two years of the required experience. Accreditation shall be by a national or regional accreditation body that is recognized by the Secretary of the United States Department of Education. Licenses; Certificates; Special Requirements: A valid California driver's license and the ability to maintain insurability under the City's vehicle insurance policy. 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 class. 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; talk or hear, both in person and by telephone; use hands to finger, handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk. Assistant City Manager(U) Page 3 2012-94 Specific vision abilities required by this job include dose vision and the 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 class. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The employee works under typical office conditions, and the noise level is usually quiet. Assistant City Manager(U) Page 4