HomeMy WebLinkAbout09- Animal Control ORIGINAL
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: Debra Kurita,Assistant City Manager Subject: Resolution of the Mayor and Common
Sue Hoak, Animal Control Manager Council of the City of San Bernardino
authorizing the City Manager to execute a
Prepared By: Adam Raymond,Mgt Analyst Professional Services Agreement by and
between the City of San Bernardino and JW
Dept: Animal Control Sharer Facilities Services, LLC for assistance in
the development and formation of a Regional
Date: January 13,2010 Animal Shelter Joint Powers Authority pursuant
to Municipal Code Chapter 3.04.010(B)(3).
M/CC Meeting Date: February 1, 2010
Synopsis of Previous Council Action:
August 20, 2007 —The Mayor and Common Council approved an Animal Control Services Agreement
with Fontana effective 07/07/2007 through 6/30/2010, and Animal Housing Agreements with the cities of
Colton,Fontana and Grand Terrace effective 7/01/2007 through 6/30/2010.
July 6,2009—Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the City Manager to execute Animal Housing Agreements by and between the City of San Bernardino and
the City of Fontana, the City of Colton, and the City of Grand Terrace for the period of 07/01/2009
through 12/31/2009, and to authorize the sale of one excess animal control vehicle to the City of Fontana.
November 2, 2009 — Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute animal housing agreements by and between the City of San
Bernardino and Cities of Fontana,City of Colton, and the City of Grand Terrace for the period of January
1, 2010 through June 30,2011.
Recommended Motion:
Adopt resolution.
Signature
Contact person: Sue Hoak,Animal Control Manager Phone: 1515
Supporting data attached: Staff Report,Resolution,
Agreements,Attachments Ward: All
FUNDING REQUIREMENTS:
Expenditures: Account: 124-231-5505
_ Finance:
Council Notes: L
Agenda Item No.��
c:,2-1-2t10
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City
Manager to execute a Professional Services Agreement by and between the City of San Bernardino
and JW Sharer Facilities Services, LLC for assistance in the development and formation of a
Regional Animal Shelter Joint Powers Authority pursuant to Municipal Code Chapter
3.04.010(B)(3).
Background:
The City of San Bernardino has been providing animal housing services for the Cities of Fontana, a
Colton and Grand Terrace for over ten years. On November 2, 2009, the Mayor and Common
Council approved agreement extensions with the member cities to continue the provision of these
services for 18-months, from January 1, 2010 through June 30, 2011. As the second phase of the
extension, the City was to perform a fiscal and feasibility analysis of the development of a Regional
Animal Shelter Joint Powers Authority (JPA). A JPA would serve as a mechanism to build a new,
larger shelter facility that would be an asset to the City and surrounding jurisdictions for years to
come. Furthermore, the JPA may result in the construction and operating of a new facility, with
minimal expenditure increases to the City.
In order to conduct this analysis, staff recommends that the Mayor and Common Council approve an
18-month professional services agreement with Mr. Jim Sharer. Mr. Sharer, who is retired, formerly
served as the Director of Facilities Management and as the Acting Director of Animal Control for the
City of San Bernardino. He has intimate knowledge of the City's existing facilities, has experience
estimating costs of new facilities, and has contacts with many of the agencies that are potential
partners for a Regional Animal Shelter JPA. These unique skills, together with his institutional
knowledge, will greatly benefit the City in exploring a Regional Animal Shelter JPA. If this
agreement is approved, Mr. Sharer will perform the analysis,prepare quarterly reports to be provided
to the Mayor and Common Council; and, if the analysis supports its development, perform the
analytical and professional support necessary to establish the JPA. The following provides the
specific elements and timeline that are included in this proposed agreement:
Timeline:
Phase 1 —February 2010 through June 2010:
• Perform a fiscal analysis to determine the impacts of a Regional Animal Shelter JPA
• Issue Letters of Intent to form an Animal Shelter JPA with the current member cities, and
contact other local jurisdictions, including the County of San Bernardino,to do the same
• Contingent upon the results of the analysis, complete a draft of the JPA Agreement
• Identify sites for a new shelter facility
Phase 2—June 2010 through July 2011:
• Prepare a budget for the JPA
• Present JPA to Mayor and Common Council for consideration
• If the JPA is approved, establish options for a governing structure (Governing Structure).
• Develop and distribute an RFP for the site development,review submittals,prepare
recommendations and develop financing plan for new facility for consideration by the JPA
Board of Directors
1
Financial Impact:
As a result of the increase in revenue the City received from the 18-month extension with the Cities
of Fontana, Colton and Grand Terrace, funding for the Professional Services Agreement has already
been budgeted. Total costs are expected to be $21,600 in FY 2009/10 and $42,200 in FY 2010/2011.
Recommendations:
Adopt Resolution.
2
CITY OF SAN BERNARDINO
CITY MANAGER'S OFFICE
INTEROFFICE MEMORANDUM
TO: Charles McNeely, City Manager
FROM: Adam Raymond, Management Analyst II
Sue Hoak, Animal Control Manager
SUBJECT: Department Director Letter# 82
DATE: January 14,2010
COPIES: Debra Kurita, Assistant City Manager/Acting Director of Animal Control
Department Director Letter (DDL) number 82 (Attached), sets forth a policy which states that
purchases pursuant to Section 3.04.010(B)(3), Purchases approved by the Mayor and Common
Council, "...shall be (documented) in the form of a memorandum and will outline, in detail, the
reasons(s) used in the Department's determination that purchases should be made.... Each
memorandum shall have a place on the bottom for the City Manager or designee to sign his/her
approval."
As you are aware, the City of San Bernardino has been providing animal housing services for the
Cities of Fontana, a Colton and Grand Terrace for over ten years. On November 2, 2009, the Mayor
and Common Council voted to extend the shelter services being provided to these member cities for
18-months, from January 1, 2010 through June 30, 2011. As part of the extension, staff agreed to
bring back a proposal to the Mayor and Common Council for the approval of a Professional Services
Agreement that would provide staff the help needed to explore the possibility of developing a
Regional Animal Shelter Joint Powers Authority(JPA).
Staff is requesting the support of the City Manager to bring forward an item to the Mayor and
Common Council that would approve an 18-month agreement with Jim Sharer. Now retired, the
former Director of Facilities Management and Acting Director of Animal Control has intimate
knowledge of the City's existing facilities, has experience estimating costs of new facilities, and has
contacts with many of the agencies that might partner with the City for a possible Regional Animal
Shelter JPA. Staff feels that these unique skills and institutional knowledge would greatly benefit the
City in exploring a possible Regional Animal Shelter JPA. Total estimated costs over the 18-month
period are$64,800 and have been budgeted for.
Approval:
Charles iNeely, ity M ager
CITY OF SAN BERNARDINO
DEPARTMENT DIRECTOR LETTER(DDL)
Number: 82
Date: May 5,2009
SUBJECT: City Manager's Approval of Process — Purchases made pursuant to Section
3.04.010(B)(3) and Section 3.04.075 of the City's Municipal Code (Purchases approved by the Mayor
and Common Council and emergency purchases approved by the City Manager).
I. Purpose:
The purpose of this Department Director Letter (DDL) is to provide policy guidelines for
purchases approved by the Mayor and Common Council as stated in Section 3.04.010(B)(3) and
emergency purchases approved by the City Manager as stated in Section 3.04.075.
U. Author'
The City Manager has immediate supervision of all manager-directed departments.
III. Responsibility:
Department and/or Division Heads will be responsible for documenting the procedures used for
all purchases made pursuant to Section 3.04.010(B)(3)and Section 3.04.075.
IV. Policy and Procedure:
Documentation for purchases pursuant to Section 3.04.010(B)(3) and Section 3.04.075, shall be
in the form of a memorandum and will outline, in detail, the reason(s) used in the Department's
determination that purchases should be made in accordance with these sections and the
procedures by which the purchases were made,including but not limited to:
• How prospective vendor(s)were identified
• Number of quotes obtained,and from whom
• Explanation as to why formal bid process was not used.
Each memorandum shall have a place on the bottom for the City Manager or designee to sign
his/her approval. The memorandum shall be submitted with an agenda item anytime a
Department is bringing forward a purchase pursuant to Section 3.04.010(B)(3) or Section
3.04.075.
APPROVED BY:
(�tL -2
Lori Sassoon
Acting City Manager
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN
4 BERNARDINO AND JW SHARER FACILITIES SERVICES, LLC FOR ASSISTANCE
IN THE DEVELOPMENT AND FORMATION OF A REGIONAL ANIMAL SHELTER
5 JOINT POWERS AUTHORITY PURSUANT TO MUNICIPAL CODE CHAPTER
3.04.010(B)(3).
6
7 WHEREAS, in July 2009 the City of San Bernardino entered into six-month Animal
8 Housing Agreements with the cities of Fontana, Colton and Grand Terrace, effective June 30,
9 2009; and
10 WHEREAS, the City of San Bernardino and the cities of Fontana, Colton and Grand
11 Terrace extended the animal housing services for an addition eighteen (18) months, expiring
12
June 30, 2011; and
13
14 WHEREAS, the City of San Bernardino, those cities being provided housing services,
15 and other local jurisdictions would like to explore the possibility of a Regional Animal Shelter
16 Joint Powers Authority(JPA).
17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
18
19 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
20 and directed to execute on behalf of the City, a Consulting Agreement with JW Sharer
21 Facilities Services, LLC for the possible development and formation of a Regional Animal
22 Shelter JPA, copies of which are attached hereto and incorporated herein, marked as Exhibit
23 ,A."
24
25
26
27
28
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
1 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND JW SHARER FACILITIES SERVICES, LLC FOR ASSISTANCE
2 IN THE DEVELOPMENT AND FORMATION OF A REGIONAL ANIMAL SHELTER
JOINT POWERS AUTHORITY PURSUANT TO CHAPTER 3.04.010(B)(3).
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on
6
the day of , 2010,by the following vote,to wit:
7
Council Members AYES NAYS ABSTAIN ABSENT
g
9 ESTRADA
10 BAXTER
11 BRINKER
12 SHORETT
13 KELLEY
14
JOHNSON
15
16 MC CAMMACK
17
18
City Clerk
19
20 The foregoing resolution is hereby approved this day of 2010.
21
22
Patrick J. Morris, Mayor
23 City of San Bernardino
24 Approved as to form:
25
James F. Penman,
26 City ttomey
27 By.
28
2
Exhibit "A"
PROFESSIONAL SERVICES AGREEMENT BETWEEN
1 JW SHARER FACILITIES SERVICES,LLC AND THE CITY OF SAN BERNARDINO
This Agreement is entered into this_day of 2010 by and
2
between JW Sharer Facilities Services, LLC ("CONSULTANT") and the City of San
3
4 Bernardino ("CITY"or"San Bernardino").
5 WITNESSETH:
6 WHEREAS, the City Manager has determined that it is advantageous and in the best
7 interest of the City of San Bernardino to engage a professional consultant to explore the
8 possibility of a Regional Animal Shelter Joint Powers Authority(JPA); and
9 WHEREAS, it has been determined that CONSULTANT is the most qualified to
10
perform said services; and
11
12 NOW, THEREFORE,the parties hereto agree as follows:
13 1. SCOPE OF SERVICES
14 For the compensation and expenses identified below, San Bernardino hereby engages
15 the CONSULTANT to provide those services as set forth in Attachment "1", which is attached
16 hereto and incorporated herein by this reference.
17
2. COMPENSATION AND EXPENSES
18
19 a. For the services delineated above, the CITY shall pay the CONSULTANT an amount
20 not to exceed $64,800.
21 b. In no case shall the total cost of the services delineated above exceed $64,800. No other
22 expenditures made by CONSULTANT shall be reimbursed by CITY.
23 3. TERM
24 The services set forth in Exhibit"A" shall be for a period of 18 months, commencing on
25
February 1, 2010, and terminating on August 1, 2011, unless previously modified, amended or
26
27 cancelled by the written mutual consent of both parties.
28
1
Exhibit"A"
PROFESSIONAL SERVICES AGREEMENT BETWEEN
1 JW SHARER FACILITIES SERVICES,LLC AND THE CITY OF SAN BERNARDINO
This Agreement may be terminated at any time by thirty (30) days written notice by
2
either party.
3
4. INDEMNITY
4
5 CITY agrees to indemnify and hold harmless CONSULTANT, its officers, agents and
6 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
7 CITY's negligent acts or omissions arising from the CITY's performance of its obligations
8 under the Agreement.
9 CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, agents,
10
and volunteers from any and all claims, actions, or losses, damages, and/or liability resulting
11
12 from CONSULTANT's negligent acts or omissions arising from the CONSULTANT's
13 performance of its obligations under the Agreement.
14 INSURANCE
15 While not restricting nor limiting the foregoing, during the term of this Agreement,
16 CONSULTANT shall maintain in effect policies of comprehensive public, general and
17 automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and
18
statutory worker's compensation coverage, and shall file copies of said policies with the
19
20 CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set
21 forth as an additional named insured in each policy of insurance provided hereunder. The
22 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
23 change or termination in the policy.
24 5. NON-DISCRIMINATION
25
In the performance of this Agreement and in the hiring and recruitment of employees,
26
27 CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in,
28 discrimination in the employment of persons because of their race, religion, color, national
2
Exhibit "A"
PROFESSIONAL SERVICES AGREEMENT BETWEEN
1 JW SHARER FACILITIES SERVICES,LLC AND THE CITY OF SAN BERNARDINO
origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual
2
gender or sexual orientation, or any other status protected by law, except as permitted pursuant
3
to Section 12940 of the California Government Code.
4
5 6. INDEPENDENT CONTRACTOR
6 CONSULTANT shall perform work tasks provided by this Agreement but for all intents
7 and purposes, CONSULTANT shall be an independent contractor and not an agent or
8 employee of the CITY. CONSULTANT shall secure, at its expense, and be responsible for any
9 and all payment of Income Tax, Social Security, State Disability Insurance Compensation,
10
Unemployment Compensation, and other payroll deductions for CONSULTANT and its
11
12 officers, agents, and employees, and all business licenses, if any are required, in connection
13 with the services to be performed hereunder.
14 7• BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS
15 CONSULTANT warrants that it possesses or shall obtain and maintain a business
16 registration certificate pursuant to chapter 5 of the Municipal Code, and any other license,
17
permits, qualifications, insurance and approval of whatever nature that are legally required of
18
19 CONSULTANT to practice its profession.
20 8. NOTICES.
21 Any notice to be given pursuant to this Agreement shall be deposited with the United
22 States Postal Service, postage prepaid and addressed as follows:
23
24 TO THE CITY: City Manager's Office
300 North"D" Street
25 San Bernardino, CA 92418
Phone: (909) 384-5122
26
TO THE CONSULTANT: James W. Sharer
27 JW Facilities Services, LLC
28 PO Box 595
Crestline, CA 92325
3
Exhibit "A"
PROFESSIONAL SERVICES AGREEMENT BETWEEN
1 JW SHARER FACILITIES SERVICES, LLC AND THE CITY OF SAN BERNARDINO
2 9. ATTORNEYS' FEES
3 In the event that litigation is brought by any party in connection with this agreement, the
4 prevailing party shall be entitled to recover from the opposing party all costs and expenses,
5 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
6
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
7
8 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
9 office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees"
10 for the purposes of this paragraph.
11 10. ASSIGNMENT
12 CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or
13 encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's
14
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
15
16 void and shall constitute a breach of this Agreement and cause for the termination of this
17 Agreement. Regardless of CITY's consent, no subletting or assignment shall release
18 CONSULTANT of CONSULTANT's obligation to perform all other obligations to be
19 performed by CONSULTANT hereunder for the term of this agreement.
20 11. VENUE
21
The parties hereto agree that all actions or proceedings arising in connection with this
22
23 Agreement shall be tried and litigated either in the State courts located in the County of San
24 Bernardino, State of California or the U.S. District Court for the Central District of California,
25 Riverside Division. The aforementioned choice of venue is intended by the parties to be the
26 mandatory and not permissive in nature.
27 12. GOVERNING LAW
28 This Agreement shall be governed by the laws of the State of California.
4
Exhibit"A"
PROFESSIONAL SERVICES AGREEMENT BETWEEN
1 JW SHARER FACILITIES SERVICES,LLC AND THE CITY OF SAN BERNARDINO
14. SUCCESSORS AND ASSIGNS
2
This Agreement shall be binding on and inure to the benefit of the parties to this
3
4 Agreement and their respective heirs, representatives, successors, and assigns.
5 15. HEADINGS
6 The subject headings of the sections of this Agreement are included for the purposes of
7 convenience only and shall not affect the construction or the interpretation of any of its
8 provisions.
9 16. SEVERABILITY
10
If any provision of this Agreement is determined by a court of competent jurisdiction to
11
12 be invalid or unenforceable for any reason, such determination shall not affect the validity or
13 enforceability of the remaining terms and provisions hereof or of the offending provision in any
14 other circumstance, and the remaining provisions of the Agreement shall remain in full force
15 and effect.
16 17. ENTIRE AGREEMENT; MODIFICATION
17
This Agreement constitutes the entire agreement and the understanding between the
18
19 parties, and supersedes any prior agreements and understandings relating to the subject manner
20 of this Agreement. This Agreement may be modified or amended only by a written instrument
21 executed by all parties to this Agreement.
22
23
24
25
26
27
28
5
Exhibit"A"
PROFESSIONAL SERVICES AGREEMENT BETWEEN
1 JW SHARER FACILITIES SERVICES, LLC AND THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
2
date set forth below.
3
4 Date: 12010 JW SHARER FACILITIES SERVICES, LLC
5
6 By:
James W. Sharer,Managing Partner
7
8
9 Date: 12010 CITY OF SAN BERNARDINO
10
11 By:
12 Charles E. McNeely, City Manager
13
14 Approved as to Form:
15
16 James F. Penman, City Attorney
17
18
19
20
21
22
23
24
25
26
27
28
6
Attachment"1"
JW Sharer Facilities Services, LLC
City of San Bernardino Animal Shelter JPA Consulting Services
SCOPE OF WORK:
PHASE ONE: February 2010 through June 2010
The development of the JPA will run concurrently with the extension of the existing Animal
Shelter Agreements that are in place with Fontana, Colton, Grand Terrace and Loma Linda.
The latest agreement extension runs from January 1, 2010 through June 30, 2011. During
Phase 1, JW Sharer Facilities Services, LLC, on behalf of the City, will be the development
of the JPA Agreement, develop and enter into a Letter of Intent to Form an Animal Shelter
JPA with the member cities, contact and invite other surrounding cities to join the JPA, and
negotiate with the City Water Department to lease or purchase the adjoining shelter site.
1. Perform a fiscal analysis to determine the impact of a Regional Animal Shelter JPA.
2. Consultant will work with the cities of Fontana, Colton, Grand Terrace and Loma
Linda to develop and sign a letter of intent to form an Animal Shelter JPA. This gives
San Bernardino and the other Cities a way to gauge who is interested and their level
of commitment.
3. Consultant will develop a Joint Powers Authority Agreement for Animal Shelter
services. Formation and operation of Joint Powers Authorities (JPA's) is authorized
by state law under Government Code Section 6500 et seq. The `constitution' of the
Joint Powers Authority is the Joint Powers Agreement, which typically create a
separate agency or entity. JPA's exercise common power within the jurisdictions they
serve. JPA's can incur debt and can insulate the member agencies from liability for
the JPA's debt. By developing the Joint Power Agreement, the City of San
Bernardino, as the largest stakeholder, can be assured that its concerns are covered.
The Joint Power Agreement will then go to the legal departments of the other cities to
be reviewed and sent to their councils for approval.
4. Consultant will contact and inform other neighboring cities of the new Animal Shelter
JPA. Consultant will meet with decision makers in those cities to form collaborations
and gather their interest to join the Animal Shelter JPA.
5. Consultant will contact and start negotiations with the City Water Department to lease
or purchase the approximate two acre parcel adjoining the existing animal shelter.
Consultant will seek other sites if negotiations for this site fail.
6. Consultant will attend presentations to the Mayor and Common Council as needed to
present,update and finalize the Animal Shelter JPA.
7. Consultant will attend, monitor and present Animal Shelter JPA items at council
meetings of member cities. Attend committee and staff meetings at member cities as
required.
JW Sharer Facilities Services, LLC estimates that this phase will take an amount of time not to
exceed 240 hours over 6 months.
Page 1 of 2
Attachment"1"
PHASE TWO: July 2010 through June 2011
The tasks for this phase will be to finalize the budget and get council approval of the JPA. When
the JPA is approved by all member cities, a sitting Board of Directors will be established. The
RFP for site development will be advertised, and the best proposal will be taken to the JPA
Board for approval. The JPA Board will have a budget developed and pay for the site
development plan. Funding for the actual development will need to be developed, financed and
placed in the JPA budget. Site construction should begin in the second quarter 2011.
1. Consultant will work with member cities to establish a JPA Board. Consultant will
attend JPA Board Meetings.
2. Consultant will develop an operating and capital budget for the JPA.
3. Consultant will develop a Request for Proposal and scope of work for a site
development plan for the new Animal Shelter. Plan shall be multi-phased and
incorporate building on the new site while operating the existing site, and a transition
plan for the phased development of a new shelter. Architectural and engineering plans
and drawings will be finalized during this phase.
4. Consultant will monitor the bidding of and actual construction to make sure it
conforms to the needs of the JPA and stays within budget.
5. Consultant will attend presentations to the Mayor and Common Council as needed to
present,update and finalize the Animal Shelter JPA.
6. Consultant will attend, monitor and present Animal Shelter JPA items at council
meetings of member cities. Attend committee and staff meetings at member cities as
required.
JW Sharer Facilities Services, LLC estimates that Phase Two will take an amount of time not to
exceed 480 hours, over the twelve month duration.
COSTS:
JW Sharer Facilities Services, LLC is a new venture and charges a rate of$90.00 per hour for
consultation services. Included in JW Sharer Facilities Services, LLC hourly rate is an overhead
cost of ten percent and a profit rate of ten percent. JW Sharer Facilities Services, LLC is
dedicated to helping San Bernardino create an Animal Shelter JPA, and as such, will not charge
any expenses or per diems for services rendered under this contract. JW Sharer Facilities
Services, LLC will maintain a City Business License, and carry all required insurance.
PHASE ONE: February 2010—June 2010, 240 hours @ $90.00/hr = $21,600.00
PHASE TWO: July 2010—July 2011, 480 hours na $90.00/hr= $43,200.00
Total consulting contract cost: $64,800.00
Page 2 of 2
PROFESSIONAL SERVICES AGREEMENT BETWEEN
JW SHARER FACILITIES SERVICES,LLC AND THE CITY OF SAN BERNARDINO
1 This Agreement is entered into this_day of 2010 by and
2
between JW Sharer Facilities Services, LLC ("CONSULTANT") and the City of San
3
4 Bernardino ("CITY" or"San Bernardino').
5 WITNESSETH:
6 WHEREAS, the City Manager has determined that it is advantageous and in the best
7 interest of the City of San Bernardino to engage a professional consultant to explore the
8 possibility of a Regional Animal Shelter Joint Powers Authority(JPA); and
9 WHEREAS, it has been determined that CONSULTANT is the most qualified to
10
perform said services; and
11
12 NOW,THEREFORE,the parties hereto agree as follows:
13 1. SCOPE OF SERVICES
14 For the compensation and expenses identified below, San Bernardino hereby engages
15 the CONSULTANT to provide those services as set forth in Attachment "1", which is attached
16 hereto and incorporated herein by this reference.
17 2. COMPENSATION AND EXPENSES
18
a. For the services delineated above, the CITY shall pay the CONSULTANT an amount
19
20 not to exceed $64,800.
21 b. In no case shall the total cost of the services delineated above exceed $64,800. No other
22 expenditures made by CONSULTANT shall be reimbursed by CITY.
23 3. TERM
24 The services set forth in Exhibit"A" shall be for a period of 18 months, commencing on
25
February 1, 2010, and terminating on August 1, 2011, unless previously modified, amended or
26
27 cancelled by the written mutual consent of both parties.
28
1
PROFESSIONAL SERVICES AGREEMENT BETWEEN
JW SHARER FACILITIES SERVICES,LLC AND THE CITY OF SAN BERNARDINO
1 This Agreement may be terminated at any time by thirty (30) days written notice by
2
either party.
3
4. INDEMNITY
4
5 CITY agrees to indemnify and hold harmless CONSULTANT, its officers, agents and
6 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
7 CITY's negligent acts or omissions arising from the CITY's performance of its obligations
8 under the Agreement.
9 CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, agents,
10
and volunteers from any and all claims, actions, or losses, damages, and/or liability resulting
11
12 from CONSULTANT's negligent acts or omissions arising from the CONSULTANT's
13 performance of its obligations under the Agreement.
14 INSURANCE
15 While not restricting nor limiting the foregoing, during the term of this Agreement,
16 CONSULTANT shall maintain in effect policies of comprehensive public, general and
17 automobile liability in in the amount of $1,000,000.00 combined single limit, and
18
19 statutory worker's compensation coverage, and shall file copies of said policies with the
20 CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set
21 forth as an additional named insured in each policy of insurance provided hereunder. The
22 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
23 change or termination in the policy.
24 5. NON-DISCRIMINATION
25
In the performance of this Agreement and in the hiring and recruitment of employees,
26
27 CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in,
28 discrimination in the employment of persons because of their race, religion, color, national
2
PROFESSIONAL SERVICES AGREEMENT BETWEEN
JW SHARER FACILITIES SERVICES,LLC AND THE CITY OF SAN BERNARDINO
1 origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual
2 gender or sexual orientation, or.any other status protected by law, except as permitted pursuant
3
to Section 12940 of the California Government Code.
4
5 6. INDEPENDENT CONTRACTOR
6 CONSULTANT shall perform work tasks provided by this Agreement but for all intents
7 and purposes, CONSULTANT shall be an independent contractor and not an agent or
8 employee of the CITY. CONSULTANT shall secure, at its expense, and be responsible for any
9 and all payment of Income Tax, Social Security, State Disability Insurance Compensation,
10
Unemployment Compensation, and other payroll deductions for CONSULTANT and its
11
12 officers, agents, and employees, and all business licenses, if any are required, in connection
13 with the services to be performed hereunder.
14 7. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS
15 CONSULTANT warrants that it possesses or shall obtain and maintain a business
16 registration certificate pursuant to chapter 5 of the Municipal Code, and any other license,
17 permits, qualifications, insurance and approval of whatever nature that are legally required of
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CONSULTANT to practice its profession.
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20 8. NOTICES.
21 Any notice to be given pursuant to this Agreement shall be deposited with the United
22 States Postal Service,postage prepaid and addressed as follows:
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24 TO THE CITY: City Manager's Office
300 North"D" Street
25 San Bernardino, CA 92418
Phone: (909) 384-5122
26
TO THE CONSULTANT: James W. Sharer
27 JW Facilities Services, LLC
28 PO Box 595
Crestline, CA 92325
3
PROFESSIONAL SERVICES AGREEMENT BETWEEN
JW SHARER FACILITIES SERVICES,LLC AND THE CITY OF SAN BERNARDINO
1
2 9. ATTORNEYS' FEES
3 In the event that litigation is brought by any party in connection with this agreement, the
4 prevailing party shall be entitled to recover from the opposing party all costs and expenses,
5 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
6
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
7
8 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
9 office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees"
10 for the purposes of this paragraph.
11 10. ASSIGNMENT
12 CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or
13 encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's
14
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
15
16 void and shall constitute a breach of this Agreement and cause for the termination of this
17 Agreement. Regardless of CITY's consent, no subletting or assignment shall release
18 CONSULTANT of CONSULTANT's obligation to perform all other obligations to be
19 performed by CONSULTANT hereunder for the term of this agreement.
20 11. VENUE
21
The parties hereto agree that all actions or proceedings arising in connection with this
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23 Agreement shall be tried and litigated either in the State courts located in the County of San
24 Bernardino, State of California or the U.S. District Court for the Central District of California,
25 Riverside Division. The aforementioned choice of venue is intended by the parties to be the
26 mandatory and not permissive in nature.
27 12. GOVERNING LAW
28 This Agreement shall be governed by the laws of the State of California.
4
PROFESSIONAL SERVICES AGREEMENT BETWEEN
JW SHARER FACILITIES SERVICES,LLC AND THE CITY OF SAN BERNARDINO
1 14. SUCCESSORS AND ASSIGNS
2
This Agreement shall be binding on and inure to the benefit of the parties to this
3
4 Agreement and their respective heirs, representatives, successors, and assigns.
5 15. HEADINGS
6 The subject headings of the sections of this Agreement are included for the purposes of
7 convenience only and shall not affect the construction or the interpretation of any of its
8 provisions.
9 16. SEVERABILITY
10
If any provision of this Agreement is determined by a court of competent jurisdiction to
11
12 be invalid or unenforceable for any reason, such determination shall not affect the validity or
13 enforceability of the remaining terms and provisions hereof or of the offending provision in any
14 other circumstance, and the remaining provisions of the Agreement shall remain in full force
15 and effect.
16 17. ENTIRE AGREEMENT; MODIFICATION
17
This Agreement constitutes the entire agreement and the understanding between the
18
19 parties, and supersedes any prior agreements and understandings relating to the subject manner
20 of this Agreement. This Agreement may be modified or amended only by a written instrument
21 executed by all parties to this Agreement.
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5
PROFESSIONAL SERVICES AGREEMENT BETWEEN
JW SHARER FACILITIES SERVICES, LLC AND THE CITY OF SAN BERNARDINO
1
2
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
3
date set forth below.
4
5 Date: 12010 JW SHARER FACILITIES SERVICES, LLC
6
7 By:
8 James W. Sharer,Managing Partner
9
10
Date: 12010 CITY OF SAN BERNARDINO
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12 By.
13 Charles E. McNeely, City Manager
14
15 Approved as to Form:
17 J s F. Penman, City Attorney
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6
Attachment °1"
JW Sharer Facilities Services, LLC
City of San Bernardino Animal Shelter JPA Consulting Services
SCOPE OF WORK:
PHASE ONE: February 2010 through June 2010
The development of the JPA will run concurrently with the extension of the existing Animal
Shelter Agreements that are in place with Fontana, Colton, Grand Terrace and Loma Linda.
The latest agreement extension runs from January 1, 2010 through June 30, 2011. During
Phase 1, JW Sharer Facilities Services, LLC, on behalf of the City, will be the development
of the JPA Agreement, develop and enter into a Letter of Intent to Form an Animal Shelter
JPA with the member cities, contact and invite other surrounding cities to join the JPA, and
negotiate with the City Water Department to lease or purchase the adjoining shelter site.
1. Perform a fiscal analysis to determine the impact of a Regional Animal Shelter JPA.
2. Consultant will work with the cities of Fontana, Colton, Grand Terrace and Loma
Linda to develop and sign a letter of intent to form an Animal Shelter JPA. This gives
San Bernardino and the other Cities a way to gauge who is interested and their level
of commitment.
3. Consultant will develop a Joint Powers Authority Agreement for Animal Shelter
services. Formation and operation of Joint Powers Authorities (JPA's) is authorized
by state law under Government Code Section 6500 et seq. The `constitution' of the
Joint Powers Authority is the Joint Powers Agreement, which typically create a
separate agency or entity. JPA's exercise common power within the jurisdictions they
serve. JPA's can incur debt and can insulate the member agencies from liability for
the JPA's debt. By developing the Joint Power Agreement, the City of San
Bernardino, as the largest stakeholder, can be assured that its concerns are covered.
The Joint Power Agreement will then go to the legal departments of the other cities to
be reviewed and sent to their councils for approval.
4. Consultant will contact and inform other neighboring cities of the new Animal Shelter
JPA. Consultant will meet with decision makers in those cities to form collaborations
and gather their interest to join the Animal Shelter JPA.
5. Consultant will contact and start negotiations with the City Water Department to lease
or purchase the approximate two acre parcel adjoining the existing animal shelter.
Consultant will seek other sites if negotiations for this site fail.
6. Consultant will attend presentations to the Mayor and Common Council as needed to
present, update and finalize the Animal Shelter JPA.
7. Consultant will attend, monitor and present Animal Shelter JPA items at council
meetings of member cities. Attend committee and staff meetings at member cities as
required.
JW Sharer Facilities Services, LLC estimates that this phase will take an amount of time not to
exceed 240 hours over 6 months.
Page 1 of 2
Attachment"1"
PHASE TWO: July 2010 through June 2011
The tasks for this phase will be to finalize the budget and get council approval of the JPA. When
the JPA is approved by all member cities, a sitting Board of Directors will be established. The
RFP for site development will be advertised, and the best proposal will be taken to the JPA
Board for approval. The JPA Board will have a budget developed and pay for the site
development plan. Funding for the actual development will need to be developed, financed and
placed in the JPA budget. Site construction should begin in the second quarter 2011.
1. Consultant will work with member cities to establish a JPA Board. Consultant will
attend JPA Board Meetings.
2. Consultant will develop an operating and capital budget for the JPA.
3. Consultant will develop a Request for Proposal and scope of work for a site
development plan for the new Animal Shelter. Plan shall be multi-phased and
incorporate building on the new site while operating the existing site, and a transition
plan for the phased development of a new shelter. Architectural and engineering plans
and drawings will be finalized during this phase.
4. Consultant will monitor the bidding of and actual construction to make sure it
conforms to the needs of the JPA and stays within budget.
5. Consultant will attend presentations to the Mayor and Common Council as needed to
present, update and finalize the Animal Shelter JPA.
6. Consultant will attend, monitor and present Animal Shelter JPA items at council
meetings of member cities. Attend committee and staff meetings at member cities as
required.
JW Sharer Facilities Services, LLC estimates that Phase Two will take an amount of time not to
exceed 480 hours, over the twelve month duration.
COSTS:
JW Sharer Facilities Services, LLC is a new venture and charges a rate of$90.00 per hour for
consultation services. Included in JW Sharer Facilities Services, LLC hourly rate is an overhead
cost of ten percent and a profit rate of ten percent. JW Sharer Facilities Services, LLC is
dedicated to helping San Bernardino create an Animal Shelter JPA, and as such, will not charge
any expenses or per diems for services rendered under this contract. JW Sharer Facilities
Services, LLC will maintain a City Business License, and carry all required insurance.
PHASE ONE: February 2010—June 2010, 240 hours @ $90.00/hr = $21,600.00
PHASE TWO: July 2010—July 201 L 480 hours 2 $90 00/hr= $43,200.00
Total consulting contract cost: a $64,800.00
Page 2 of 2