HomeMy WebLinkAbout2016-013 RESOLUTION NO. 2016-13
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT
3 SERVICES AGREEMENTS BETWEEN CONSULTANT MAGGIE DEMAURO AND
THE CITY OF SAN BERNARDINO AND RONAK DESAI dba R.T. DESAI &
4 ASSOCIATES AND THE CITY OF SAN BERNARDINO.
5
6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The City Manager is hereby authorized and directed to execute the
9 Consultant Service Agreements between the City of San Bernardino and Consultant Maggie
10 DeMauro and between the City of San Bernardino and Consultant Ronak Desai, attached
11 hereto and marked as Exhibit "A" and Exhibit "B" respectively, and incorporated herein by
12 reference as fully as though set forth at length.
13 SECTION 2. The Finance Department is hereby authorized to issue a Purchase Order
14
15 to Maggie DeMauro for consultant services for a total amount not to exceed $62,400 and a
16 Purchase Order to Ronak Desai, for consultant services for a total amount not to exceed
17 $80,850.
18 SECTION 3. The authorization granted hereunder shall expire and be void and of no
19
further effect if the Agreement is not executed by both parties and returned to the Office of the
20
21 City Clerk within sixty (60) days following the effective date of this Resolution.
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1
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT
3 SERVICES AGREEMENTS BETWEEN CONSULTANT MAGGIE DEMAURO AND
THE CITY OF SAN BERNARDINO AND RONAK DESAI dba R.T. DESAI &
4 ASSOCIATES AND THE CITY OF SAN BERNARDINO.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6
and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
7
8 the 1St day of February, 2016, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 BARRIOS x
12
VALDIVIA x
13
14 SHORETT x
15 NICKEL x
16 JOHNSON X
17 MULVIHILL x
18
20 GeorgeaM Hanna, CMC, City Clerk
21 The foregoing Resolution is hereby approved this -s } day of February, 2016.
22
23 R. Carey DaAls, Mayor
24 City of San Bernardino
25 Approved as to form:
26 Gary D. Saenz, City Attorney
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2016-13
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
1 BERNARDINO AND MAGGIE DeMAURO FOR ACCOUNTING CONSULTANT
2 SERVICES
3
4 THIS AGREEMENT is made and entered into this 1st day of February , 2016
5 ("Effective Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY")
6 and Maggie DeMauro ("CONSULTANT").
WITNESSETH:
7
8 WHEREAS, CITY has the need to utilize the services of a Consultant as an independent
9 contractor to provide Accounting Assistance in the Finance Department; and
10 WHEREAS, Consultant asserts that she is competent, trained and qualified currently to
11 perform the duties of an Independent Contractor; and
12 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
13 responsibilities of the parties,
14 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
15 1. SCOPE OF SERVICES. Consultant is hereby retained on a weekly basis,to provide
16 accounting assistance in the City of San Bernardino Finance Department.
17
1.2. Professional Practices. All professional services to be provided by
18
CONSULTANTS pursuant to this Agreement shall be provided by personnel identified in the
19
20 Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily
21 exercised by professional CONSULTANTS in similar fields and circumstances in accordance
22 with sound professional practices. CONSULTANTS also warrant that they are familiar with all
23 laws that may affect its performance of this Agreement and shall advise CITY of any changes in
24
any laws that may affect CONSULTANTS' performance of this Agreement. CONSULTANTS
25
further represent that no CITY employee will provide any services under this Agreement.
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2016-13
1 1.3. Warranty. CONSULTANTS warrant that they shall perform the services required
2 by this Agreement in compliance with all applicable Federal and California employment laws
3 including,but not limited to,those laws related to minimum hours and wages; occupational health
4 and safety; fair employment and employment practices; workers' compensation insurance and
5 safety in employment; and all other Federal, State and local laws and ordinances applicable to the
6
services required under this Agreement. CONSULTANTS shall indemnify and hold harmless
7
8 CITY from and against all claims, demands,payments, suits, actions, proceedings, and judgments
9 of every nature and description including reasonable attorneys' fees and costs, presented, brought,
10 or recovered against CITY for, or on account of any liability under any of the above-mentioned
11 laws, arising from or related to CONSULTANTS' performance under this Agreement.
12 1.4. Non-discrimination. In performing this Agreement, CONSULTANTS shall not
13
engage in, nor permit their officers, employees or agents to engage in, discrimination in
14
15 employment of persons because of their race,religion, color,national origin, ancestry, age,mental
16 or physical disability,medical condition,marital status,sexual gender or sexual orientation,except
17 as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may
18 result in the imposition of penalties referred to in Labor Code, Section 1735.
19 1.5 Non-Exclusive Agreement. CONSULTANTS acknowledge that CITY may enter
20
into agreements with other CONSULTANTS for services similar to the services that are subject to
21
22 this Agreement or may have its own employees perform services similar to those services
23 contemplated by this Agreement.
24 1.6. Delegation and Assignment. This is a personal service contract, and the duties set
25 forth herein shall not be delegated or assigned to any person or entity without the prior written
26
27 2
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2016-13
1 consent of CITY. CONSULTANTS may engage a subcontractor(s) as permitted by law and may
2 employ other personnel to perform services contemplated by this Agreement at CONSULTANTS'
3 sole cost and expense.
4 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANTS shall
5 at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
6
payment from or employment with any person or entity which will constitute a conflict of interest
7
with the CITY.
8
9 1.8 CITY Business Certificate. CONSULTANTS shall,prior to execution of
10 this Agreement, obtain and maintain during the term of this Agreement, a valid CITY Business
11 Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any
12 and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are
13 legally required of CONSULTANTS to practice their profession, skill or business
14 2. TERM. The term of this Agreement shall begin on February 2, 2016 and terminate at
15 midnight on June 30, 2016.
16 3. COMPENSATION AND EXPENSES. For the term of this Agreement, Consultant shall
17 be compensated for her services at $60.00 an hour, for a total not to exceed $62,400. Consultant
18 shall not be entitled to any compensation, leave accruals, retirement or other benefits beyond the
19 aforementioned hourly rate of pay.
20 4. TERMINATION. Under the terms of this Agreement, Consultant serves in an "at will"
21 capacity and may be terminated at any time, with or without cause, and Consultant may resign at
22 any time. Nothing in this Agreement shall be construed as creating any vested right in the
23 position of Accounting Assistance Consultant or in employment with the CITY.
24 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
25 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or
26 in any way made between the parties or their agents are replaced and superseded by this
27 3
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2016-13
1 Agreement.
2 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws
3 of the United States of America, the State of California, and all other applicable laws.
4 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws
5 of the State of California.
6 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party
7 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney
8 and members of his/her office in enforcing this contract on behalf of the CITY shall be considered
9 "attorney's fees" for the purposes of this paragraph.
10 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of
11 law, such provision shall be considered severable, and the remainder of this Agreement or any
12 provision hereof shall not be affected.
13 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
14 constitute a waiver of the right to compel enforcement of the remaining provisions of this
15 Agreement.
16 11. AMENDMENT. This Agreement may only be amended by a written instrument
17 executed by the parties hereto, and may not be amended by oral agreement.
18 12. ASSIGNMENT. This Agreement shall not be assigned by Consultant, without prior
19 written consent of the City.
13. INDEMNIFICATION AND HOLD HARMLESS. CONSULTANTS shall protect,
20
21 defend, indemnify and hold harmless CITY and its elected and appointed officials,boards,
22 commissions, officers, attorneys, agents and employees from any and all claims, losses, demands,
23 suits,administrative actions,penalties,liabilities and expenses, including reasonable attorney fees,
24 damage to property or injuries to or death of any person or persons or damages of any nature
25
including, but not limited to, all civil claims or workers' compensation claims arising from or in
26
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2016-13
1 any way related to CONSULTANTS' performance under this Agreement, except when caused
2 solely by the CITY's negligence.
3 14. INDEPENDENT CONTRACTOR. CONSULTANTS, at all times while performing
4 under this Agreement, are and shall be acting at all times as independent contractors and not as
5 agents or employees of CITY. CONSULTANTS shall secure, at their expense, and be
6
responsible for any and all payment of wages, benefits and taxes including, but not limited to,
7
8 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
9 Compensation, and other payroll deductions for CONSULTANTS and their officers, agents, and
10 employees, and all business licenses, if any are required, in connection with the services to be
11 performed hereunder. Neither CONSULTANTS nor their officers, agents and employees shall
12 be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be
13
entitled to workers' compensation insurance, unemployment compensation, medical insurance,
14
15 life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account
16 of CONSULTANTS and their officers', agents' and employees' work for the CITY. This
17 Agreement does not create the relationship of agent, servant,employee partnership or joint venture
18 between the CITY and CONSULTANTS.
19 15. CONFLICT OF INTEREST DISCLOSURE. CONSULTANTS or their employees
20
may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which
21
(1)requires such persons to disclose financial interests that may be materially affected by the work
22
23 performed under this Agreement, and (2) prohibits such persons from making or participating in
24 making decisions that will have a foreseeable financial affect on such interest.
25 CONSULTANTS shall conform to all requirements of the Act. Failure to do so
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27 5
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2016-13
1
constitutes a material breach and is grounds for termination of the Agreement by CITY.
2 16. RESPONSIBILITY FOR ERRORS. CONSULTANTS shall be responsible for their
3 work and results under this Agreement. CONSULTANTS, when requested, shall furnish
4 clarification and/or explanation as may be required by the CITY's representative, regarding any
5 services rendered under this Agreement at no additional cost to CITY. In the event that an error
6
or omission attributable to CONSULTANTS occurs, then CONSULTANTS shall, at no cost to
7
8 CITY, provide all other CONSULTANTS professional services necessary to rectify and correct
9 the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to
10 the correction.
11 17. PROHIBITED EMPLOYMENT. CONSULTANTS shall not employ any current
12 employee of CITY to perform the work under this Agreement while this Agreement is in effect.
13
18. COSTS. Each party shall bear its own costs and fees incurred in the preparation and
14
negotiation of this Agreement and in the performance of its obligations hereunder except as
15
16 expressly provided herein.
17 19. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the
18 sole benefit of CITY and CONSULTANTS and no other parties are intended to be direct or
19 incidental beneficiaries of this Agreement and no third party shall have any right in, under or to
20
this Agreement.
21
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2016-13
1 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
2 BERNARDINO AND MAGGIE DeMAURO FOR ACCOUNTING CONSULTANT
SERVICES
3
4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
5
first above written.
6 Date: , 2016 Maggie DeMauro
7
8 By:
9
10
11 Date: , 2016 CITY OF SAN BERNARDINO
12
By:
13 Jarrod Burguan,
Interim City Manager
14
15
16
17
APPROVED AS TO FORM:
18 Gary D. Saenz, City Attorney
19
20 By �c
21
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2016-13
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
1 BERNARDINO AND MAGGIE DeMAURO FOR ACCOUNTING CONSULTANT
SERVICES
2
3
THIS AGREEMENT is made and entered into this 1st day of February , 2016
4
5 ("Effective Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY")
6 and Maggie DeMauro ("CONSULTANT").
WITNESSETH:
7
WHEREAS, CITY has the need to utilize the services of a Consultant as an independent
8
9 contractor to provide Accounting Assistance in the Finance Department; and
10 WHEREAS, Consultant asserts that she is competent, trained and qualified currently to
11 perform the duties of an Independent Contractor; and
12 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
13 responsibilities of the parties,
14 NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
15 1 SCOPE OF SERVICES. Consultant is hereby retained on a weekly basis,to provide
16 accounting assistance in the City of San Bernardino Finance Department.
17
1.2. Professional Practices. All professional services to be provided by
18
CONSULTANTS pursuant to this Agreement shall be provided by personnel identified in the
19
Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily
20
21 exercised by professional CONSULTANTS in similar fields and circumstances in accordance
22 with sound professional practices. CONSULTANTS also warrant that they are familiar with all
23 laws that may affect its performance of this Agreement and shall advise CITY of any changes in
24
any laws that may affect CONSULTANTS' performance of this Agreement. CONSULTANT
25
further represent that no CITY employee will provide any services under this Agreement.
26
27 1
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2016-13
1.3. Warranty. CONSULTANTS warrant that they shall perform the services required
1
2 by this Agreement in compliance with all applicable Federal and California employment laws
3 including,but not limited to,those laws related to minimum hours and wages; occupational health
4 and safety; fair employment and employment practices; workers' compensation insurance and
5 safety in employment; and all other Federal, State and local laws and ordinances applicable to the
6
services required under this Agreement. CONSULTANTS shall indemnify and hold harmless
7
CITY from and against all claims, demands,payments, suits, actions,proceedings, and judgments
8
9
of every nature and description including reasonable attorneys' fees and costs,presented, brought,
10 or recovered against CITY for, or on account of any liability under any of the above-mentioned
11 laws,arising from or related to CONSULTANTS' performance under this Agreement.
12 1.4. Non-discrimination. In performing this Agreement, CONSULTANTS shall not
13
engage in, nor permit their officers, employees or agents to engage in, discrimination in
14
employment of persons because of their race,religion,color,national origin, ancestry,age,mental
15
16 or physical disability,medical condition,marital status,sexual gender or sexual orientation,except
17 as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may
18 result in the imposition of penalties referred to in Labor Code, Section 1735.
19 1.5 Non-Exclusive Agreement. CONSULTANTS acknowledge that CITY may enter
20
into agreements with other CONSULTANTS for services similar to the services that are subject to
21
this Agreement or may have its own employees perform services similar to those services
22
23 contemplated by this Agreement.
24 1.6. Delegation and Assigmnent. This is a personal service contract, and the duties set
25 forth herein shall not be delegated or assigned to any person or entity without the prior written
26
27 2
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2016-13
consent of CITY. CONSULTANTS may engage a subcontractor(s) as permitted by law and may
1
2 employ other personnel to perform services contemplated by this Agreement at CONSULTANTS'
3 sole cost and expense.
4 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANTS shall
5 at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
6
payment from or employment with any person or entity which will constitute a conflict of interest
7
with the CITY.
8
9 1.8 CITY Business Certificate. CONSULTANTS shall,prior to execution of
10 this Agreement, obtain and maintain during the term of this Agreement, a valid CITY Business
11 Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any
12 and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are
13 legally required of CONSULTANTS to practice their profession, skill or business
14 2. TERM. The term of this Agreement shall begin on February 2, 2016 and terminate at
15 midnight on June 30, 2016.
16 3. COMPENSATION AND EXPENSES. For the term of this Agreement, Consultant shall
17 be compensated for her services at$60.00 an hour, for a total not to exceed $62,400. Consultant
18 shall not be entitled to any compensation, leave accruals, retirement or other benefits beyond the
19 aforementioned hourly rate of pay.
20 4. TERMINATION. Under the terms of this Agreement,Consultant serves in an"at will"
21 capacity and may be terminated at any time, with or without cause, and Consultant may resign at
22 any time. Nothing in this Agreement shall be construed as creating any vested right in the
23 position of Accounting Assistance Consultant or in employment with the CITY.
24 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
25 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or
26 in any way made between the parties or their agents are replaced and superseded by this
27 3
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2016-13
1 Agreement.
2 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws
3 of the United States of America,the State of California, and all other applicable laws.
4 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws
5 of the State of California.
6 8. ATTORNEY'S FEES. In any litigation relating to this Agreement,the prevailing party
7 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney
8 and members of his/her office in enforcing this contract on behalf of the CITY shall be considered
9 "attorney's fees" for the purposes of this paragraph.
10 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of
11 law, such provision shall be considered severable, and the remainder of this Agreement or any
12 provision hereof shall not be affected.
13 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
14 constitute a waiver of the right to compel enforcement of the remaining provisions of this
15 Agreement.
16 11. AMENDMENT. This Agreement may only be amended by a written instrument
17 executed by the parties hereto, and may not be amended by oral agreement.
18 12. ASSIGNMENT. This Agreement shall not be assigned by Consultant, without prior
19 written consent of the City.
13. INDEMNIFICATION AND HOLD HARMLESS. CONSULTANTS shall protect,
20
21 defend, indemnify and hold harmless CITY and its elected and appointed officials,boards,
22 commissions, officers, attorneys, agents and employees from any and all claims,losses, demands,
23 suits,administrative actions,penalties,liabilities and expenses,including reasonable attorney fees,
24 damage to property or injuries to or death of any person or persons or damages of any nature
25
including, but not limited to, all civil claims or workers' compensation claims arising from or in
26
27 4
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2016-13
any way related to CONSULTANTS' performance under this Agreement, except when caused
1
2 solely by the CITY's negligence.
3 14. INDEPENDENT CONTRACTOR. CONSULTANTS, at all times while performing
4 under this Agreement, are and shall be acting at all times as independent contractors and not as
5 agents or employees of CITY. CONSULTANTS shall secure, at their expense, and be
6
responsible for any and all payment of wages,benefits and taxes including, but not limited to,
7
Income Tax, Social Security, State Disability Insurance Compensation,Unemployment
8
9 Compensation, and other payroll deductions for CONSULTANTS and their officers, agents, and
10 employees, and all business licenses, if any are required, in connection with the services to be
1 I performed hereunder. Neither CONSULTANTS nor their officers, agents and employees shall
12 be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be
13
entitled to workers' compensation insurance,unemployment compensation, medical insurance,
14
life insurance,paid vacations, paid holidays,pension, profit sharing or social security on account
15
f CONSULTANTS and their officers', agents' and employees' work for the CITY. This
16 o
17 Agreement does not create the relationship of agent,servant,employee partnership or joint venture
18 between the CITY and CONSULTANTS.
19 15. CONFLICT OF INTEREST DISCLOSURE. CONSULTANTS or their employees
20
may be subject to the provisions of the California Political Reform Act of 1974(the "Act"), which
21
(1)requires such persons to disclose financial interests that may be materially affected by the work
22
23 performed under this Agreement, and(2)prohibits such persons from making or participating in
24 making decisions that will have a foreseeable financial affect on such interest.
25 CONSULTANTS shall conform to all requirements of the Act. Failure to do so
26
27 5
28
2016-13
constitutes a material breach and is grounds for termination of the Agreement by CITY.
1
2 16. RESPONSIBILITY FOR ERRORS. CONSULTANTS shall be responsible for their
3 work and results under this Agreement. CONSULTANTS,when requested, shall furnish
4 clarification and/or explanation as may be required by the CITY's representative, regarding any
5 services rendered under this Agreement at no additional cost to CITY. In the event that an error
6
or omission attributable to CONSULTANTS occurs,then CONSULTANTS shall, at no cost to
7
CITY,provide all other CONSULTANTS professional services necessary to rectify and correct
8
9 the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to
10 the correction.
11 17. PROHIBITED EMPLOYMENT. CONSULTANTS shall not employ any current
12 employee of CITY to perform the work under this Agreement while this Agreement is in effect.
13
18. COSTS. Each party shall bear its own costs and fees incurred in the preparation and
14
negotiation of this Agreement and in the performance of its obligations hereunder except as
15
16 expressly provided herein.
17 19. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the
18 sole benefit of CITY and CONSULTANTS and no other parties are intended to be direct or
19 incidental beneficiaries of this Agreement and no third party shall have any right in, under or to
20
this Agreement.
21
22
23
24
25
26
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2016-13
1 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
2 BERNARDINO AND MAGGIE DeMAURO FOR ACCOUNTING CONSULTANT
SERVICES
3
4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
5 first above wrilVen..
/
6 Date: (%. , 2016 Maggie DeMauro
7 1 --
8 By:
9
10
11
Date: 1 av , 2016 CITY OF SAN BERNARDINO
12 By:Aaz,°!T'-X
13 IR4erift City Manager
14
15
16
17
APPROVED AS TO FORM:
18 Gary D. Saenz, City Attorney
19
20 By:
21
22
23
24
25
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2016-13
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
1 BERNARDINO AND RONAK DESAI dba. R.T. DESAI & ASSOICIATES FOR
2 ACCOUNTING CONSULTANT SERVICES
3
4 THIS AGREEMENT is made and entered into this 1st day of February, 2016
5 ("Effective Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY")
6 and Ronak Desai ("CONSULTANT").
7 WITNESSETH:
8 WHEREAS, CITY has the need to utilize the services of a Consultant as an independent
9 contractor to provide Accounting Assistance in the Finance Department; and
10 WHEREAS, Consultant asserts that she is competent, trained and qualified currently to
11 perform the duties of an Independent Contractor; and
12 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
13 responsibilities of the parties,
14 NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS:
15 1. SCOPE OF SERVICES. Consultant is hereby retained on a weekly basis,to provide
16 accounting assistance in the City of San Bernardino Finance Department.
17
1.2. Professional Practices. All professional services to be provided by
18
CONSULTANTS pursuant to this Agreement shall be provided by personnel identified in the
19
20 Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily
21 exercised by professional CONSULTANTS in similar fields and circumstances in accordance
22 with sound professional practices. CONSULTANTS also warrant that they are familiar with all
23 laws that may affect its performance of this Agreement and shall advise CITY of any changes in
24
any laws that may affect CONSULTANTS' performance of this Agreement. CONSULTANTS
25
further represent that no CITY employee will provide any services under this Agreement.
26
27 1
28
2016-13
1 1.3. Warranty. CONSULTANTS warrant that they shall perform the services required
2 by this Agreement in compliance with all applicable Federal and California employment laws
3 including,but not limited to,those laws related to minimum hours and wages; occupational health
4 and safety; fair employment and employment practices; workers' compensation insurance and
5 safety in employment; and all other Federal, State and local laws and ordinances applicable to the
6
services required under this Agreement. CONSULTANTS shall indemnify and hold harmless
7
8 CITY from and against all claims, demands,payments, suits, actions,proceedings, and judgments
9 of every nature and description including reasonable attorneys' fees and costs,presented, brought,
10 or recovered against CITY for, or on account of any liability under any of the above-mentioned
11 laws, arising from or related to CONSULTANTS' performance under this Agreement.
12 1.4. Non-discrimination. In performing this Agreement, CONSULTANTS shall not
13
engage in, nor permit their officers, employees or agents to engage in, discrimination in
14
15 employment of persons because of their race,religion,color,national origin,ancestry, age,mental
16 or physical disability,medical condition,marital status,sexual gender or sexual orientation,except
17 as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may
18 result in the imposition of penalties referred to in Labor Code, Section 1735.
19 1.5 Non-Exclusive Agreement. CONSULTANTS acknowledge that CITY may enter
20
into agreements with other CONSULTANTS for services similar to the services that are subject to
21
22 this Agreement or may have its own employees perform services similar to those services
23 contemplated by this Agreement.
24 1.6. Delegation and Assignment. This is a personal service contract, and the duties set
25 forth herein shall not be delegated or assigned to any person or entity without the prior written
26
27 2
28
2016-13
1 consent of CITY. CONSULTANTS may engage a subcontractor(s) as permitted by law and may
2 employ other personnel to perform services contemplated by this Agreement at CONSULTANTS'
3 sole cost and expense.
4 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANTS shall
5 at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
6
payment from or employment with any person or entity which will constitute a conflict of interest
7
with the CITY.
8
9 1.8 CITY Business Certificate. CONSULTANTS shall, prior to execution of
10 this Agreement, obtain and maintain during the term of this Agreement, a valid CITY Business
11 Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any
12 and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are
13 legally required of CONSULTANTS to practice their profession, skill or business
14
15 2. TERM. The term of this Agreement shall begin on February 2, 2016 and terminate at
16 midnight on June 30, 2016.
17 3. COMPENSATION AND EXPENSES. For the term of this Agreement, Consultant shall
18 be compensated for her services at $105.00 an hour, not to exceed $80,850. Consultant shall not
19 be entitled to any compensation, leave accruals, retirement or other benefits beyond the
20 aforementioned hourly rate of pay.
21 4. TERMINATION. Under the terms of this Agreement, Consultant serves in an "at will"
22 capacity and may be terminated at any time, with or without cause, and Consultant may resign at
23 any time. Nothing in this Agreement shall be construed as creating any vested right in the
24 position of Accounting Assistance Consultant or in employment with the CITY.
25 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
26 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or
27 3
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1 in any way made between the parties or their agents are replaced and superseded by this
2 Agreement.
3 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws
4 of the United States of America, the State of California, and all other applicable laws.
5 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws
6 of the State of California.
7 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party
8 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney
9 and members of his/her office in enforcing this contract on behalf of the CITY shall be considered
10 "attorney's fees" for the purposes of this paragraph.
11 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of
12 law, such provision shall be considered severable, and the remainder of this Agreement or any
13 provision hereof shall not be affected.
14 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
15 constitute a waiver of the right to compel enforcement of the remaining provisions of this
16 Agreement.
17 11. AMENDMENT. This Agreement may only be amended by a written instrument
18 executed by the parties hereto, and may not be amended by oral agreement.
19 12. ASSIGNMENT. This Agreement shall not be assigned by Consultant, without prior
20 written consent of the City.
13. INDEMNIFICATION AND HOLD HARMLESS. CONSULTANTS shall protect,
21
22 defend, indemnify and hold harmless CITY and its elected and appointed officials,boards,
23 commissions, officers, attorneys, agents and employees from any and all claims, losses, demands,
24 suits,administrative actions,penalties,liabilities and expenses,including reasonable attorney fees,
25 damage to property or injuries to or death of any person or persons or damages of any nature
26
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1 including, but not limited to, all civil claims or workers' compensation claims arising from or in
2 any way related to CONSULTANTS' performance under this Agreement, except when caused
3 solely by the CITY's negligence.
4 14. INDEPENDENT CONTRACTOR. CONSULTANTS, at all times while performing
5 under this Agreement, are and shall be acting at all times as independent contractors and not as
6
agents or employees of CITY. CONSULTANTS shall secure, at their expense, and be
7
8 responsible for any and all payment of wages, benefits and taxes including, but not limited to,
9 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
10 Compensation, and other payroll deductions for CONSULTANTS and their officers, agents, and
11 employees, and all business licenses, if any are required, in connection with the services to be
12 performed hereunder. Neither CONSULTANTS nor their officers, agents and employees shall
13
be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be
14
entitled to workers' compensation insurance, unemployment compensation, medical insurance,
15
16 life insurance, paid vacations, paid holidays,pension, profit sharing or social security on account
17 of CONSULTANTS and their officers', agents' and employees' work for the CITY. This
18 Agreement does not create the relationship of agent, servant,employee partnership or joint venture
19 between the CITY and CONSULTANTS.
20
15. CONFLICT OF INTEREST DISCLOSURE. CONSULTANTS or their employees
21
may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which
22
23 (1)requires such persons to disclose financial interests that may be materially affected by the work
24 performed under this Agreement, and (2)prohibits such persons from making or participating in
25 making decisions that will have a foreseeable financial affect on such interest.
26
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CONSULTANTS shall conform to all requirements of the Act. Failure to do so
1
2 constitutes a material breach and is grounds for termination of the Agreement by CITY.
3 16. RESPONSIBILITY FOR ERRORS. CONSULTANTS shall be responsible for their
4 work and results under this Agreement. CONSULTANTS, when requested, shall furnish
5 clarification and/or explanation as may be required by the CITY's representative, regarding any
6
services rendered under this Agreement at no additional cost to CITY. In the event that an error
7
or omission attributable to CONSULTANTS occurs, then CONSULTANTS shall, at no cost to
8
9 CITY, provide all other CONSULTANTS professional services necessary to rectify and correct
10 the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to
11 the correction.
12 17. PROHIBITED EMPLOYMENT. CONSULTANTS shall not employ any current
13
employee of CITY to perform the work under this Agreement while this Agreement is in effect.
14
15 18. COSTS. Each party shall bear its own costs and fees incurred in the preparation and
16 negotiation of this Agreement and in the performance of its obligations hereunder except as
17 expressly provided herein.
18 19. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the
19 sole benefit of CITY and CONSULTANTS and no other parties are intended to be direct or
20
incidental beneficiaries of this Agreement and no third party shall have any right in, under or to
21
22 this Agreement.
23 ///
24 HI
25
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2016-13
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
1 BERNARDINO AND RONAK DESAI dba. R.T. DESAI & ASSOICIATES FOR
2 ACCOUNTING CONSULTANT SERVICES
3
4 IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
5 date first above written.
6
7
8 Date: , 2016 R.T. DESAI & ASSOCIATES
9
10 By.
11 Ronak Desai
12
13
14 Date: , 2016 CITY OF SAN BERNARDINO
15
16 By'
Jarrod Burguan,
17 Interim City Manager
18
19
20 APPROVED AS TO FORM:
21 Gary D. Saenz, City Attorney
22
23 B
24
25
26
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2016-13
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
1 BERNARDINO AND RONAK DESAI dba. R.T. DESAI & ASSOICIATES FOR
2 ACCOUNTING CONSULTANT SERVICES
3
4 THIS AGREEMENT is made and entered into this 1st day of February, 2016
5 ("Effective Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY")
6 and Ronak Desai ("CONSULTANT").
7 WITNESSETH:
8 WHEREAS, CITY has the need to utilize the services of a Consultant as an independent
9 contractor to provide Accounting Assistance in the Finance Department; and
10 WHEREAS, Consultant asserts that she is competent, trained and qualified currently to
11 perform the duties of an Independent Contractor; and
12 WHEREAS, the parties desire to enter into this Agreement to outline the duties and
13 responsibilities of the parties,
14 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
15 1. SCOPE OF SERVICES. Consultant is hereby retained on a weekly basis,to provide
16 accounting assistance in the City of San Bernardino Finance Department.
17
1.2. Professional Practices. All professional services to be provided by
18
CONSULTANTS pursuant to this Agreement shall be provided by personnel identified in the
19
20 Proposal and in a manner consistent with the standards of care, diligence and skill ordinarily
21 exercised by professional CONSULTANTS in similar fields and circumstances in accordance
22 with sound professional practices. CONSULTANTS also warrant that they are familiar with all
23 laws that may affect its performance of this Agreement and shall advise CITY of any changes in
24
any laws that may affect CONSULTANTS' performance of this Agreement. CONSULTANTS
25
further represent that no CITY employee will provide any services under this Agreement.
26
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2016-13
1 1.3. Warranty. CONSULTANTS warrant that they shall perform the services required
2 by this Agreement in compliance with all applicable Federal and California employment laws
3 including,but not limited to,those laws related to minimum hours and wages; occupational health
4 and safety; fair employment and employment practices; workers' compensation insurance and
5 safety in employment; and all other Federal, State and local laws and ordinances applicable to the
6
services required under this Agreement. CONSULTANTS shall indemnify and hold harmless
7
8 CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments
9 of every nature and description including reasonable attorneys' fees and costs,presented, brought,
10 or recovered against CITY for, or on account of any liability under any of the above-mentioned
11 laws, arising from or related to CONSULTANTS' performance under this Agreement.
12 1.4. Non-discrimination. In performing this Agreement, CONSULTANTS shall not
13
engage in, nor permit their officers, employees or agents to engage in, discrimination in
14
15 employment of persons because of their race,religion, color, national origin, ancestry, age,mental
16 or physical disability,medical condition,marital status,sexual gender or sexual orientation,except
17 as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may
18 result in the imposition of penalties referred to in Labor Code, Section 1735.
19 1.5 Non-Exclusive Agreement. CONSULTANTS acknowledge that CITY may enter
20
into agreements with other CONSULTANTS for services similar to the services that are subject to
21
22 this Agreement or may have its own employees perform services similar to those services
23 contemplated by this Agreement.
24 1.6. Delegation and Assignment. This is a personal service contract, and the duties set
25 forth herein shall not be delegated or assigned to any person or entity without the prior written
26
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2016-13
1 consent of CITY. CONSULTANTS may engage a subcontractor(s) as permitted by law and may
2 employ other personnel to perform services contemplated by this Agreement at CONSULTANTS'
3 sole cost and expense.
4 1.7 Conflicts of Interest. During the term of this Agreement, CONSULTANTS shall
5 at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
6
payment from or employment with any person or entity which will constitute a conflict of interest
7
with the CITY.
8
9 1.8 CITY Business Certificate. CONSULTANTS shall, prior to execution of
10 this Agreement, obtain and maintain during the term of this Agreement, a valid CITY Business
11 Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any
12 and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are
13 legally required of CONSULTANTS to practice their profession, skill or business
14
15 2. TERM. The term of this Agreement shall begin on February 2, 2016 and terminate at
16 midnight on June 30, 2016.
17 3. COMPENSATION AND EXPENSES. For the term of this Agreement, Consultant shall
18 be compensated for her services at $105.00 an hour, not to exceed $80,850. Consultant shall not
19 be entitled to any compensation, leave accruals, retirement or other benefits beyond the
20 aforementioned hourly rate of pay.
21 4. TERMINATION. Under the terms of this Agreement, Consultant serves in an"at will"
22 capacity and may be terminated at any time, with or without cause, and Consultant may resign at
23 any time. Nothing in this Agreement shall be construed as creating any vested right in the
24 position of Accounting Assistance Consultant or in employment with the CITY.
25 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
26 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or
27 3
28
2016-13
1 in any way made between the parties or their agents are replaced and superseded by this
2 Agreement.
3 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws
4 of the United States of America, the State of California, and all other applicable laws.
5 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws
6 of the State of California.
7 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party
8 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney
9 and members of his/her office in enforcing this contract on behalf of the CITY shall be considered
10 "attorney's fees" for the purposes of this paragraph.
11 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of
12 law, such provision shall be considered severable, and the remainder of this Agreement or any
13 provision hereof shall not be affected.
14 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
15 constitute a waiver of the right to compel enforcement of the remaining provisions of this
16 Agreement.
17 11. AMENDMENT. This Agreement may only be amended by a written instrument
18 executed by the parties hereto, and may not be amended by oral agreement.
19 12. ASSIGNMENT. This Agreement shall not be assigned by Consultant, without prior
20 written consent of the City.
13. INDEMNIFICATION AND HOLD HARMLESS. CONSULTANTS shall protect,
21
22 defend, indemnify and hold harmless CITY and its elected and appointed officials, boards,
23 commissions, officers, attorneys, agents and employees from any and all claims, losses, demands,
24 suits,administrative actions,penalties,liabilities and expenses,including reasonable attorney fees,
25
damage to property or injuries to or death of any person or persons or damages of any nature
26
27 4
28
2016-13
1 including, but not limited to, all civil claims or workers' compensation claims arising from or in
2 any way related to CONSULTANTS' performance under this Agreement, except when caused
3 solely by the CITY's negligence.
4 14. INDEPENDENT CONTRACTOR. CONSULTANTS, at all times while performing
5 under this Agreement, are and shall be acting at all times as independent contractors and not as
6
agents or employees of CITY. CONSULTANTS shall secure, at their expense, and be
7
8 responsible for any and all payment of wages, benefits and taxes including, but not limited to,
9 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
10 Compensation, and other payroll deductions for CONSULTANTS and their officers, agents, and
11 employees, and all business licenses, if any are required, in connection with the services to be
12 performed hereunder. Neither CONSULTANTS nor their officers, agents and employees shall
13
be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be
14
15 entitled to workers' compensation insurance, unemployment compensation, medical insurance,
16 life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account
17 of CONSULTANTS and their officers', agents' and employees' work for the CITY. This
18 Agreement does not create the relationship of agent, servant,employee partnership or joint venture
19 between the CITY and CONSULTANTS.
20
15. CONFLICT OF INTEREST DISCLOSURE. CONSULTANTS or their employees
21
22 may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which
23 (1)requires such persons to disclose financial interests that may be materially affected by the work
24 performed under this Agreement, and (2) prohibits such persons from making or participating in
25 making decisions that will have a foreseeable financial affect on such interest.
26
27 5
28
• 2016-13
CONSULTANTS shall conform to all requirements of the Act. Failure to do so
1
2 constitutes a material breach and is grounds for termination of the Agreement by CITY.
3 16. RESPONSIBILITY FOR ERRORS. CONSULTANTS shall be responsible for their
4 work and results under this Agreement. CONSULTANTS, when requested, shall furnish
5 clarification and/or explanation as may be required by the CITY's representative, regarding any
6
services rendered under this Agreement at no additional cost to CITY. In the event that an error
7
or omission attributable to CONSULTANTS occurs, then CONSULTANTS shall, at no cost to
8
9 CITY, provide all other CONSULTANTS professional services necessary to rectify and correct
10 the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to
11 the correction.
12 17. PROHIBITED EMPLOYMENT. CONSULTANTS shall not employ any current
13
employee of CITY to perform the work under this Agreement while this Agreement is in effect.
14
15 18. COSTS. Each party shall bear its own costs and fees incurred in the preparation and
16 negotiation of this Agreement and in the performance of its obligations hereunder except as
17 expressly provided herein.
18 19. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the
19 sole benefit of CITY and CONSULTANTS and no other parties are intended to be direct or
20
incidental beneficiaries of this Agreement and no third party shall have any right in, under or to
21
22 this Agreement.
23 HI
24
25
26
27 6
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2016-13
CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
1 BERNARDINO AND RONAK DESAI dba. R.T. DESAI & ASSOICIATES FOR
2 ACCOUNTING CONSULTANT SERVICES
3
4 IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
5 date first above written.
6
7 �
8
Date: �� , 2016 R.T. DESAI &ASSOCIATES
9
10 By:
1 I Ronak Desai
12
13
14 Date: 12016 CITY OF SAN BERNARDINO
15 By:
16 vuscH-
17 In4fina City Manager
18
19
20 APPROVED AS TO FORM:
21 Gary D. Saenz, City Attorney
22
23 B
24
25
26
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