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C1TY OF SAN BERNARDINO - REQUEST roOR COUNCIL ACTION
From: Mayor w. R. Holcomb
Subject: Audit of Planning and Bui lding
Services by Smithson/Dillon
Associates
Dept: Mayor's Office
Date: 04/30/90
Synopsis of Previous Council action:
September 1985: The Mayor and Common Council entered into an
agreement with Arthur Young and Company to perform
a management audit of Parks, Recreation and
Community Services. The price of the agreement:
$18,000.
Recommended motion:
That further reading of the resolution be waived and said resolution
be adopted.
7ft: ~(~)
Contact person:
Phone:
Supporting data attached:
Ward:
FUNDING REOUIREMENTS:
Amount: $13,500
Salary savings from position of Deputy
Source: (Acct. No.) City Administrator -- [)f>Vf> 1 opmf>nt
(Acct. Description)
Finance:
Council Notes:
75-0262
Agenda Item No.
If.
CITY OF SAN BERtt-_RDINO - REQUEST "~R. COUNCIL ACTION
STAFF REPORT
Due to the recent reorganization of the Department of Planning
and Building Services, it is recommended that a management audit
of the department be performed.
Smithson/Dillon Associates has
several jurisdictions across
Riverside County; Boise, Idaho;
Memphis, Tennessee; Santa Ana;
recently, Torrance.
The audit will be completed over a period of not more than 60
days at a total cost of $13,500. The funds will come from salary
savings in the City Administrator's budget Development
Services Division. The tasks to be performed are divided into
five phases.
conducted management audits for
the United States, including:
Los Angeles; City and County of
Santa Barbara County; and most
TASK 1 - INITIATE AND MANAGE THE PROJECT
The scope and objectives of the study will be reviewed and
confirmed by the City Administrator. Project team members will
be introduced to the department employees to explain the purpose
of the study and seek cooperation and involvement.
TASK 2 - DOCUMENT REVIEW
Smithson/Dillon Associates will collect and review City
documents, reports, special studies to gain an initial
familiarity with the department in areas such as organizational
structure, funding levels, departmental objectives, staff
patterns, job classifications, maintenance schedules and
equipment allocation.
TASK 3 - CONDUCT INTERVIEWS
Smithson/Dillon Associates will
departmental personnel to further
inquiry and to provide insight into
and operations.
interview key
identify other
the department' s
City and
areas of
management
TASK 4 - PERFORM ANALYSIS
Smithson/Dillon Associates will perform an analysis based on
information collected from document reviews, interviews, si te
visits and other observations.
TASK 5 - PREPARE WRITTEN REPORT AND IMPLEMENTATION PLAN
The report will include a detailed list of recommendations and an
associated plan for implementation with the cost
savings/operations impacts of implementing each recommendation.
A study session will be scheduled with the Mayor and Council to
discuss the study findings and recommendations before finalizing
the report.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SMITHSON/DILLON ASSOCIATES
RELATING TO THE CONDUCTING OF A MANAGEMENT AUDIT OF CITY'S
PLANNING AND BUILDING SERVICES DEPARTMENT.
IT IS RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City an Agreement with Smithson/Dillon Associates relating to
services to conduct a management audit of City's Planning and
Building Services Department, a copy of which is attached
hereto, marked Exhibit "I" and incorporated herein by reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1990, by the following vote, to
wit:
Council Members:
NAYS
ABSTAIN
AYES
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLUM
MILLER
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II
RESOLUTION ATTTHORIZING AN AGREEMENT WITI-I SMITHSON/DILLON
ASSOCIATES: CONDUCTING A MANAGEMENT DIT OF CITY'S
PLANNING AND BUILDING SERVICES DEPARTMENT
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City Clerk
The foregoing resolution is hereby approved this
day of
, 1990.
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W.R. HOLCOMB, MAYOR
City of San Bernardino
Approved to form
and legal content:
James F. Penman
City Attorney
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II
AGREEMENT
(1'lanagemenL bLuay - Planning ana building Services)
THIS AGREEMENT is made this day of
1990, between the CITY OF SAN BERNARDINO, hereinafter referred
to as "City", and SMITHSON/DILLON ASSOCIATES, hereinafter
referred to as "Consultant".
City and Consultant agree as follows:
1. Recitals. Consultant represents that it possesses
all professional qualifications necessary to render the
services to the City as set forth herein, and City enters into
this Agreement in reliance upon Consultant's express
representations in regard thereto.
2. EmDlovment of Consultant. City hereby employs
Consultant and Consultant agrees to perform the management
audit in accordance with all terms and conditions contained in
this agreement.
3. Personnel. Consultant represents that it has, or
will secure at its own expense, all personnel required to
perform the services by Consultant called for under this
agreement. Consul tant shall at all times be and remain an
independent contractor, and such personnel as may be employed
by Consultant shall not be employed as agents of City for any
purpose.
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Exhibit "I"
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4.
Time of Performance.
Consultant shall complete the
management auciiL anci tiuDmiL Llle final. repurt. wll...ili.u 6G U.ciy~
following the execution of this agreement. Said report is due
on or before
5. ComDensation. City shall pay to Consultant a sum not
to exceed Thirteen Thousand Five Hundred Dollars ($13,500)
which shall be paid to Consultant in accordance with Paragraph
5 of this agreement.
6. Method of Pavrnent. At the conclusion of the research
data analysis, approximately at the end of the fourth week,
Consultant shall bill City no more that fifty percent (50%) of
the total price.
Upon acceptance of the final report by the
Mayor and Common Council, Consultant shall bill City for the
remaining amount due.
The total expenses billed shall be
itemized by the number of hours spent on the management audit
by each member of Consultant's staff performing services under
this agreement.
7.
Warranties of Consultant.
Consultant specifically
warrants and represents its skills and expertise to be adequate
and competent for the completion of the assignment hereunder in
a good and professional manner.
8.
Assianabilitv.
The experience, skill and expertise
of Consultant is of the essence of this agreement. Consultant
shall not assign (whether by assignment or novation) this
agreement or delegate the duties or any right or interest
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hereunder in whole or in part without the prior written consent
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OI L.lLY.
Any d.~J:)lgIuHell'- 01.. ClCLt::.HUpL Lu a::;~.iYH L..J.L.l.;:J d.YL~t::;iUC.1J.l_
,;
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without such prior written consent or by operation of law shall
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be void and shall constitute cause for termination.
9.
Findinos Confidential.
Any reports, information or
data given to or prepared or assembled by Consultant under
this agreement shall not be made available to any individual or
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organization by Consultant without the prior written approval
of City. Any information to be released shall be released only
by the City, or by Consultant after written approval of such
release from City.
10.
Termination of Contract for Cause.
If for any
cause Consultant shall fail to fulfill in a timely and proper
manner its obligations under this agreement, or if Consultant
shall violate any of the covenants, agreement, or stipulations
of this agreement, City shall thereupon have the right to
terminate this agreement by giving written notice to Consultant
of such termination and specifying the effective date thereof
at least five (5) days before the effective date of such
termination.
In that event, all finished and unfinished
documents, data, studies, surveys, drawings and reports or
other material prepared by Consultant under this agreement
shall, at the option of City, become its property, and
Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such
documents and other materials.
Notwithstanding the above, Consultant shall not be
relieved of liability to City for damages sustained by City by
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virtue of any breach of this agreement by Consultant, and City
may Wl1:nnO.La any paymen1:s 1:0 L.OnSUlLanL Lor LlIe purputit: U.L ""'~-
off until such time as the exact amount of damages due City
from Consultant to City are determined.
This agreement may not be terminated if the failure to
perform arises from unforeseeable cause beyond the control and
without the fault or negligence of Consultant.
11.
Amendment.
Should City require changes in the
scope of the services of Consultant to be performed hereunder,
such changes, including any corresponding increase or decrease
in the amount of Consultant's compensation which shall be
mutually agreed upon by City and Consultant,
shall be
incorporated in this agreement only by written amendments
hereto.
12.
Hold Harmless.
Consultant shall indemnify, defend
and hold City and its officers, employees and agents harmless
from any claim, loss, cost, damage, demand, expense or
liability, including reasonable attorney's fees, to the extent
resulting from any intentional or negligent act or omission of
Consultant, its partners, agents, employees or sublicenses
relating to this agreement. This indemnity shall not apply to
a claim, suit or action against the City of San Bernardino
based on alleged infringement of the proprietary rights of the
third party.
City shall indemnify, defend and hold Consultant, its
partners, employees, agents, shareholders, representatives and
affiliates harmless from any claim, loss, cost, damage,
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I demand, expense and liability, including reasonable attorney's
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Iees, to tne extent:. reSU.iLlng Irom any lnLenL.l.Ona.l. ur u.~Y..i...1..yeIlL..
act or omission of the City of San Bernardino, its officers,
agents or employees relating to this agreement.
13.
Indeoendent Contractor.
In accordance with its
status as an independent contractor, Consultant agrees that it
will conduct itself consistent with such status; that it shall
not represent itself or claim to be an employee of City, or
make any claim, demand, or application to or for any right or
benefit applicable to an employee of City, including, but not
limi ted to Worker's
Compensation coverage,
unemployment
insurance benefits, social security coverage, or retirement
membership or benefits.
14.
Notices.
All notices herein required shall be in
writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
Citv
Consultant
Smithson/Dillon Associates
2377 Crenshaw Boulevard
Suite #152
Torrance, CA 90501
City Administrator
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
15.
Time of the Essence.
Time is of the essence with
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IN WITNESS WHEREOF, the parties hereto have executed
23 this agreement on the date and year first hereinabove written.
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I
I, ~~~~~M~N~L~~Tq~~M~~~s~~iLgi~~O~E~~~gi~AT~S RE: MANAGEMENT
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ATTEST:
City Clerk
Approved as to legal
form and content
James F. Penman
City Attorney
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By: ;bt~
o
/I
?fr~
CITY OF SAN BERNARDINO
By:
W.R. HOLCOMB, MAYOR
Smithson/Dillon Associates
By:
Title:
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