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HomeMy WebLinkAbout25-Planning ~ - - - CITVOF SAN BERNARDINcO- REOJEST FOR COUNCIL <:leT ION From: Larry E. Reed, Di rector Dept: Planning and Building Services Date: August 9, 1990 Subject: Agreement with Smithson/Dillon Associates Mayor and Council Meeting of August 20, 1990 Synopsis of Previous Council action: An agreement with Smithson/Dillon to conduct a management audit of the City's Planning and Building Services Department was approved by the Mayor and Common Council on May 7, 1990. The study was completed in July, 1990. The Council adopted the final report on August 6, 1990. (::;; :'" ij1 n'f (., ..'~... t;~. ,0 r,,:; ".:) ,~... Recommended motion: (:I "'. "c.,'.,. ~''':- Adopt Resolution. () '" I>. .", ,1.:;-" "..' 4 ~S'- ~/ Ignature Contact person: Larrv E. Reed Phone: 384-5357 Supporting data attached: Staff Reoort and Resol uti on Ward: FUNDING REQUIREMENTS: Amount: $9,000.00 Source: (Acct. No.) 001-181-53150 ($4,500.00) & 001-171-53150 (4,500.( Finance: Services Acct. Descri tion Professional Council Notes: 75-0262 Agenda Item NO.~S . - . CITY f! SAN BERNARDINOO RE~EST FOR COUNCIL OTION STAFF REPORT Subject: Consultant contract Building Services Procedures. for developing Planning and Department Standard Operating Mayor and Common Council Meeting of August 20, 1990. REOUEST Staff requests that the Mayor and Common Council adopt a Resolution to enter into a contractual agreement with smith- son/Dillon Associates for the development of Standard Operat- ing Procedures for the Planning and Building Services Depart- ment. BACKGROUND In May, 1990, the Mayor and Common Council adopted a Resolu- tion authorizing the execution of an agreement with smithson/Dillon Associates to conduct a management audit of the City's Planning and Building Services Department. Recommendation No. 1 of the Management Study was that a department-wide Standard operating Procedures manual be developed. The report indicated that the lack of written procedures contributes to delays and errors when orienting new staff; implementing new programs and ordinances; respond- ing to inquiries; and, continuing to meet work deadlines when staff are absent or when they leave their current positions. The report concludes that implementation of this recommendation should be accomplished within three months to reduce duplication 'and standardize information provided to other City departments and the public. smithson/Dillon Associates has submitted a quote on develop- ing Standard Operating Procedures for Planning and Building Services. This would involve interviewing staff, recommend- ing changes to existing practices, writing procedures and developing forms. All material will be laser-printed. The estimated cost for this contract is $9,000.00. 75-0264 A - - ^onsul tant contract for nvelopn Planning and BuildingQ ~ervices Department Standa~ opera~ng Procedures. Mayor and Common Council Meeting of August 20, 1990 Page 2 OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL The Mayor and Common Council may: 1. Adopt the Resolution to execute the contractual agreement with Smithson/Dillon Associates to develop Standard Operating Procedures for the Planning and Building Services Department at a cost of approximately $9,000.001 2. Direct Staff to send out a Request for Proposal to other firms to obtain alternative bids1 3. Direct Staff to prepare the Standard Operating Procedures (Option 2 and 3 would delay preparation of the Standard Operating Procedures beyond the 3-month target date indicated in the Management Study). RECOMMENDATION It is recommended the Mayor and Common Council adopt a Resolution authorizing the Mayor to execute a contractual agreement between the City and Smithson/Dillon Associates for development of Standard Operating Procedures for the Planning and Building Services Department. Prepared by: Ann Larson-Perbix Senior Planner For Larry E. Reed, Director Planning and Building Exhibit A - Agreement Exhibit B - scope of Work Attachments: M&CCAGENDA:STAND.OP.PROC. - o 0 o o REC'O.-AOMIK. OFF. 1990 JIlL I 8 I,~~!(): 41 . July 16, 1990 Ma. Shauna Bdw1n. City AdJaini.uator Ci ty of San Bernardino 300 North '!D" Street San Bernardino, CA 92418 Dear Shauna: Subject: Follow-up Information on Managelllent Study po.ition De.cription. Enclosed per our discussion last week are po.ition descriptions for Staff Analyst and Administrative Analyst. W. received the descriptions and the salary level. frOll the County of San Bernardino Personnel Department. We recoaunend that the City of San Bernardino hire a journey-level analyst to write procedures for the Planning and Building services Department. The descriptions for either the Staff Analyst II or the Administrative Analyst 1/11 would be appropriate for the ne. position. The salary level in our Prel1a1nary Report i. based on the City of San Bernardino Personnel Analyst po.i tion. S'taD~.Y'd Operating Procedure. You also requested a quote on developing Standard Operating procedures for Planning and Building service.. we propo.e accomplishing one (1) or IDOre of the following over a two (2) IDOnth period, depending upon City priodtie. and budget: 1. An outline for the Standard Operating Procedures Manual 2. COunter Procedure. section, including certificate. of OCCUpancy, Building PerID1t. and Planning Procedure. (counter) 3. Three (3) handouts for the public 4. Building Inspection section 5. Code Bnforce.ent section 6. Advanced Planning section r- EXHIBIT I SDX Me,...,... .... Cc:JrsMIInII 2377 Cren.haw Blvd. . Suite 152' TOlTllnce. CA 90501 . (213) 7B2-9787 . FAX (213) 212-715: Jl '0 . o o o we ..t:.t.a~_~t: _ could aC(1~pl1.h 1w.a 1. - 3. 1n n1ae (9) conault:ing:'UYa end 1w.a ~. - 6. 1n n1ae (9) conaul1:ing da1'8. Thi. would ;SIW01~ 1nterv1ew1ng .t:aU, recc_I"\41ng cheng.. to eai.t:i.ng ~ce8, wr1ting procecSure., and develop1ng forma, a. neecSed.. All _terial w111 be la.er-printed. If you, the Mayor and ComIOn council agree to hire our f1rID to begin writing the procecSure., I recclrlW\d that.. negotiate a IIIOIlthly f.. c:caparable to salary and benef1 t. for a Personnal Analyst: at: a .tep ~ (approzi_tely S~,!500. OO/lIOnth) . At our conaul1:ing f.. of S!500/day, th1. would provia nine (9) consulting daya/.onth. If you ha~ other recc..ncSat10na for the work on the procecSur.., pl.... let _ knOW. Craig and I are open to nago1:ia1:ing other alternati~. I alii looking forward to hearing frOla you soon. sincerely, ~~~~aJ Barbara A. Dillon Partner ~ Bncl08ur.. r-- o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'I I, o o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN THE EXECUTION OF AN AGREEMENT ASSOCIATES TO DEVELOP A STANDARD MANUAL FOR THE PLANNING AND BUILDING BERNARDINO AUTHORIZING WITH SMITHSON/DILLON OPERATING PROCEDURES SERVICES DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION The Mayor of the city of San 1. Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with Smithson/Dillon Associates to develop a Standard Operating Procedures Manual for the Department of Planning and Building Services, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the pass~ge of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a day of meeting thereof, held on the , 1990, by the following vote, to wit: IIII IIII IIII IIII IIII IIII 1 II o RESOLUTION AUTHORIZQ AN A~EMENT WITH SMITHSON/DIQ,N ASSOCIATES RE: STANDARD OPERATING PROCEDURES MANUAL FOR 1 PLANNING AND BUILDING SERVICES DEPARTMENT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council members AnS. ~ ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLUM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1990. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney j\ By: ~'l-1v7 7 .Ic'~--- {I . 2 Jl Ij 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o AGREEMENT (Standard Operating Procedures Manual Planning and Building Services) THIS AGREEMENT is made this day of 1990, between the CITY OF SAN BERNARDINO, referred to as "City", and SMITHSON/DILLON hereinafter ASSOCIATES, hereinafter referred to as "Consultant". City and Consultant agree as follows: 1. Oualifications. Consultant represents that it possesses all professional qualifications necessary to render the services to the City as set forth herein, and city enters into this Agreement in reliance upon Consultant's express representations in regard thereto. 2. Emolovment City hereby of Consultant. employs Consultant and Consultant agrees to develop a Standard Operating Procedures Manual for the City's Planning and Building Services Department as described in Exhibit I, a copy of a letter dated July 16, 1990, from Consultant to the City Administrator, attached and incorporated herein by reference. 3. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services by Consultant called for under this agreement. Consultant shall at all times be and remain an independent contractor, and such personnel as may be employed by Consultant shall not be employed as agents of city for any purpose. IIII IIII 1 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 ~ ~ ~ ~ ~ 27 ~ ~ II r AGREEMENT WITH SMIT~N/DILO ASSOCIATES REGARDING S~ARD OPERATING PROCEDURE~AL PLANNING AND BUILDING SER~ES 4. Time of shall Performance. Consultant complete the operatinq Procedures Manual for Standard the Department of Planninq and Buildinq Services within sixty (60) days followinq the execution of this aqreement. 5. ComDensation. city shall pay to consultant a sum not to exceed Nine Thousand Dollars (9,000.00) which shall be paid to Consultant in accordance with Paraqraph 6 of this aqreement. 6. provision for PaYment. Payment to CONSULTANT for services provided under this aqreement shall be at the rate of FIVE HUNDRED DOLLARS ($500.00) per day and in no event shall exceed THOUSAND DOLLARS ($9,000.00). NINE CONSULTANT shall maintain and file every two (2) weeks with the Department a record of hours expended on assiqned projects and the Department shall submit a claim or request for payment to the Finance Department every two (2) weeks. CONSULTANT shall devote all hours necessary to insure adequate performance hereunder. CONSULTANT shall assume and pay all out-of pocket expenses and costs of performinq services under this aqreement and CITY shall not be liable for such costs and expenses. 7. Warranties of Consultant. Consultant specifically warrants and represents its skills and expertise to be adequate and competent for the completion of the assiqnment hereunder in a qood and professional manner. IIII IIII IIII 2 AGREEMENT WITH SMI~N/DI~ ASSOCIATES REGARDING ST~ARD OPERATING PROCEDURE~AL"'PLANNING AND BUILDING SER~ES 8. Assianabilitv The experience, skill and expertise of Consultant is of the essence of this agreement. Consultant shall not assign (whether by assignment or novation) this agreement or delegate the duties or any right or interest hereunder in whole or in part without the prior written consent of City. Any assignment or attempt to assign this agreement without such prior written consent or by operation of law shall be void and shall constitute cause for termination. 9. Findinas Confidential. Any reports, information or data given to or prepared or assembled by Consultant under this agreement shall not be made available to any individual or organization by Consultant without the prior written approval of city. Any information to be released shall be released only by the City, or by Consultant after written approval of such release from City. 10. Termination of Contract. City or Consultant may terminate this agreement for any reason at any time by giving written notice of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished and unfinished documents, data, studies, surveys, drawings and reports or other material prepared by Consultant under this agreement shall, at the option of City, become its property, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. IIII 3 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 ~ ~ 24 ~ 26 27 ~ II II , AGREEMENT WITH SMITHf\N/DILur\ ASSOCIATES REGARDING ST~ARD OPERATING PROCEDURES~AL~LANNING AND BUILDING SER~ES Notwithstanding the above, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this agreement by Consultant, and City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant to City are determined. 11. Amendment. Should City require changes in the scope of the services of Consultant to be performed hereunder, such changes, including any corresponding increase or decrease in the amount of Consultant's compensation which shall be mutually agreed upon by city and Consultant, shall be incorporated in this agreement only by written amendments hereto. 12. Hold Harmless. Consultant shall indemnify, defend and hold harmless city and its officers, employees and agents from any claim, loss, cost, damage, demand, expense or liability, including reasonable attorney's fees, to the extent resulting from any intentional or negligent act or omission of Consultant, its partners, agents, employees or sublicenses relating to this agreement. IIII IIII IIII IIII IIII IIII IIII IIII 4 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II AGREEMENT WITH SMI~N/DI~ ASSOCIATES REGARDING ST~ARD OPERATING PROCEDURES~AL ~LANNING AND BUILDING SER~ES 13. RelationshiD to Parties Consultant is acting as an independent contractor, and not as an employee of the city. In the performance of personal services pursuant to the provisions of this Agreement, Consultant shall not be supervised, directed, or under the control or authority of any City officer or employee, except and to the extent as may be expressly or implicitly required by the terms and provisions of this Agreement. Any direction or control so required under this Agreement shall be limited to broad objectives or goals of the project or program to be accomplished and not to the details and procedures to accomplish such objectives and goals. Consultant shall not be obligated to conform to the supervision or direction of city officers or employees which are not authorized herein. Changes or modifications of said objectives and goals may be made by written recommendations of either party subject to the concurrence of the other party in writing. 14. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: ~ City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Consultant Smithson/Dillon Associates 2377 Crenshaw Boulevard Sui te #152 Torrance, CA 90501 15. Time of the Essence. Time is of the essence with Consultant's performance under this respect to agreement. IIII 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II II(:J AGREEMENT WITH SMITHSO~lILLONf"'kSOCIATES REGARDING STAND^ OPERATING PROCEDURES ~L - P~ING AND BUILDING SERVICE~ 16. Anti-Discrimination. Consultant certifies ... and agrees that all persons employed by Consultant, its affiliates, subsidiaries or holding companies are and will be treated equally by Consultant without regard to or because of race, religion, ancestry, national origin, or sex and in compliance with state and Federal Anti-Discrimination laws. Consultant further certifies and agrees that it will deal with its Subcontractors, Bidders and Vendors without regard to or because of race, religion, ancestry, national origin or sex. 17. Consultant to Abide bv Laws. Consultant is required to abide by all Federal, State and Local laws applicable to the SCOPE OF WORK. 18. Attornev's Fees. In the event that an action is filed by either party to enforce rights under this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief granted by the court. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first hereinabove written. 1111 1111 1111 1111 1111 1111 6 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT WITH SMITQN/DILO ASSOCIATES REGARDING S~ARD OPERATING PROCEDURES MANUAL - PLANNING AND BUILDING SER~ES ATTEST: CITY OF SAN BERNARDINO city Clerk W.R. HOLCOMB, MAYOR Smithson/Dillon Associates By: Title: Approved as to form and legal content James F. Penman, City Attorney By: ~.~ ~ 7 o c o o \ I , , ~ C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: Larry E. Reed, Director Planning & Building Services ATTN: Ann Larson-Perbix, Senior Planner FROM: Henry Empeno, Jr., Deputy City Attorney DATE: August 15, 1990 AGREEMENT WITH SMITHSON/DILLON ASSOCIATES FOR MAYOR AND COMMON COUNCIL MEETING OF AUGUST 20, 1990 HE: Attached is the Resolution and Agreement with my proposed corrections. Your draft Agreement does not contain any insurance provisions. I spoke to Barbara Dillon of Smithson/Dillon Associates on August 15, 1990, who told me that her company does not have professional liability insurance coverage and that obtaining such coverage would be impractical given that the contract is for Nine Thousand Dollars ($9,000.00) only. I have left the Insurance Paragraph out of my proposed corrections because of the limited exposure to the City in relation to the Consultant's type of work, but the Mayor and Common Council should be informed of this omission. When you resubmit the final documents for processing, please attach a copy of the Agreement to the Resolution marked Exhibit "A" as well as the original Agreement. Thank you for your assistance in this matter. ~~~. HENRY EMPENO,JR., Deputy City Attorney cc: James F. Penman, City Attorney Shauna Edwins, City Administrator [HE/dys/smithson.mem]