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'CI-tY OF SAN BERNARDICo - REQUUT FOR COUNCIL AC~ON
From: John Matzer, Jr.
Subject: Se 1 ecti on of Arthur Young & Company to
conduct a management study of the Parks,
Recreation and Community Services Depart-
ment.
Dept: City Administrator
Date: September 16, 1985
Synopsis of Previous Council action:
At the Budget Session with Parks, Recreation & Community Services Department on July
22, 1985, the City Administrator was directed to prepare and distribute and RFP for a
management study of the Department.
Recommenl:led motion:
Adopt resolution and set up Council Committee to work with the consultant during the
course of the study.
Signature
Contact person:
.lad Mat7pr
Phone:
5122
Supporting data attached: yes
Ward: all
FUNDING REQUIREMENTS:
Amount: $18,000
Source: 001-101-53150/Professional &
. co~actual SerVices~
Finance: tlI C? .K:..
.
Council Notes:
75-0262
Agenda Item N~8..
'CITe.." OF SAN BERNARDI~ - REQU~ FOR COUNCIL AC-rlON
STAFF REPORT
A Request for Proposal was issued on August 22, 1985, to
conduct a diagnostic management audit of the Parks, Recrea-
tion and Community Services Department along with implemen-
table recommendations. Subsequently, Arthur Young and
Company was selected to provide this service.
Arthur Young and Company has had numerous experience in
conducting management studies involving Parks, Recreation &
Community Services and other similar functions for: Los
Angeles County Department of Parks and Recreation; City of
Buena Park Public Works Department; City of Pasadena Rose
Bowl and Housing and Community Development Agency; Los
Angeles County Housing Authority and Department of Public
Social Services. The diagnostic review of the operations and
maintenance of the Los Angeles County Department of Parks and
Recreation led to a follow up engagement of providing techni-
cal assistance in implementing a Resource Management Program.
The study will be conducted and a final report completed
during a one month period on or before October 25, 1985. The
tasks performed are divided into five phases:
T~S~_J-~_JNlThT~_AND_MhNbGB_~E PROJECT
The scope and objectives of the study will be reviewed and
confirmed by City staff. Project team members will be
introduced to the department employees to explain the purpose
of the study and seek cooperation and involvement.
1hS~_~. ~_POCP~BN~FEYIEK
Collect and review City documents, reports, special studies
to gain an initial familiarity with the department in areas
such as organizational structure, funding levels, departmen-
tal objectives, staff patterns, job classifications, mainten-
ance schedules and equipment allocation.
IASK. .3._ :"_ CONP.IJ~L.ilJj'ERVIEWS
Key City and departmental personnel are
further identify other areas of inquiry
insight into the department's management and
interviewed to
and to provide
operations.
TASK .4_:::_ P~.Rf.o}ll>t bl>lhL~
Analysis
document
tions.
is performed based on information collected from
reviews, interviews, site visits and other observa-
75-0264
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TASK ~_l'FEl'l\EE__l'!En'~E1LB.fil'PF~. Al'lD. lfoll'L~l'!E}I~}\'l'.IPR l'Ll\N
The report will include a detailed list of recommendations
and an associated plan for implementation with the cost
savings/operations impacts of implementing each recommenda-
tion.
A study session will be
to discuss the study
finalizing the report.
scheduled with the Mayor and Council
findings and recommendations before
The firm requested that City Council establish a Council
Committee to work with the consultants and requested an
opportunity to interview Council members.
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ARTHUR YOUNG & COMPANY RELATING TO
3 THE CONDUCTING OF A MANAGEMENT AUDIT OF CITY'S PARKS, RECREATION
AND COMMUNITY SERVICES DEPARTMENT.
4
r~ IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SA BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with Arthur Young & Company relating to services to
9 conduct a management audit of City's Parks, Recreation and
10 Community Services Department, a copy of which is attached
11 hereto, marked Exhibit "I" and incorporated herein by reference
12 as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
meeting thereof,
15 Bernardino at a
16 held on the
day of
, 1985, by the following
17 vote, to wit:
18
19
20 NAYS:
AYES:
Council Members
21 ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
1985.
Mayor of the City of San Bernardino
28 City Attorney
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1
2
3
4
A G R E E MEN T
(Management Study - Parks, Recreation and
Community Services Department)
THIS AGREEMENT is made this
day of
5 1985, between the CITY OF SAN BERNARDINO, hereinafter referred to
6 as "City", and ARTHUR YOUNG & COMPANY, hereinafter referred to as
7 "Consul tant".
8 City and Consultant agree as follows:
9 1. Recitals.
10
A. Consultant represents that it possesses all
11 professional qualifications necessary to render the services to
12 the City set forth herein, and City enters into this Agreement in
13 reliance upon Consultant's express representations in regard
14 thereto.
15
B. City issued a request for proposals to conduct a
16 management audit of City's Parks, Recreation and Community
17 Services Department, Specification No. F-85-32, a copy of which
18 is on file in the Purchasing Office labeled as Exhibit "A" and
19 incorporated herein as though fully set forth. City desires to
20! retain Consultant to perform the management audit.
21
C. Consultant has submitted its proposal. A copy
22 of the entire proposal is on file in the Purchasing Office
23 labeled Exhibit "B" and incorporated herein as though fully set
24 forth. Consultant represents that it is ready, willing and able
25 to serve City on the terms and conditions of this Agreement, and
26 City hereby enters into this Agreement in reliance upon
27 Consultant's representations concerning its qualifications and
28 capabilities.
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] 2. Employment of Consultant. City hereby employs
2 Consultant and Consultant. agrees to perform the management audit
3 as set forth in Exhibits "A" and "B", and in accordance with all
4 terms and conditions contained in said exhibits and in this
5 agreement. If there is a conflict between the provisions in said
6 Exhibits and this agreement, the provisions of the agreement
7 shall control.
8 3. Personnel. Consultant represents that it has, or will
9 secure at its own expense, all personnel required to perform the
10 services by Consultant called for under this agreement.
1] Consultant shall at all times be and remain an independent
12 contractor, and such personnel as may be employed by Consultant
]3 shall not be employed as agents of City for any purpose.
14 4. Time of Performance. Consultant shall complete the
15 management audit and submit the final report within 30 days
16 following the execution of this agreement. Said report is due on
17 or before October 25, 1985.
]8 5. Compensation. City shall pay to Consultant a sum not to
19 exceed Eighteen Thousand Dollars ($18,000) which shall be paid to
20 Consultant in accordance with Paragraph 6 of this agreement.
2] 6. Method of Payment. At the conclusion of the research
22 ata analysis, approximately at the end of the third week,
23 Consultant shall bill City no more than fifty percent (50%) of
24 the total contract price. Upon acceptance of the final report by
25 the Mayor and Common Council, Consultant shall bill City for the
26 emaining amount due. The total expenses billed shall be
27 itemized by the number of hours spent on the management audit by
28 ach member of Consultant's staff performing services under this
2
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1 agreemen t.
2 7. Consultant's Designated Representatives. Consultant
31 designates Mr. Nicholas Conway as Project Manager.
4,
51
Mr. Conway
shall have authority to act for Consultant in the resolution of
all matters related to the management audit and contract for
G services here in.
7 8. Warranties of Consultant. Consultant specifically
8 warrants and represents its skills and expertise to be adequate
9 and competent for the completion of the assignment hereunder in a
10' good and professional manner and the representations set forth in
11 Recitals A and C hereinabove are incorporated in this paragraph by
12 ref erence.
13 9. Assignability. The experience, skill and expertise of
14 Consultant is of the essence of this agreement. Consultant shall
1511 ( )
not assign whether by assignment or novation this agreement or
16 delegate the duties or any right or interest hereunder in whole
17 or in part without the prior written consent of City. Any
18 assignment or attempt to assign this agreement without such prior
19 written consent or by operation of law shall be void and shall
I
201 constitute cause for termination.
I
2111 10.
22 presently has no interest and shall not acquire any interest,
Interest of Consultant.
Consultant covenants that it
23 direct or indirect, which would conflict in any manner or degree
24 with the performance of services required to be performed under
25 this agreement. Consultant further covenants that in the
26 performance of this agreement no person having any such
27 conflicting interest shall be employed.
28 11. Findings Confidential. Any reports, information or
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1 data given to or prepared or assembled by Consultant under
2 this agreement shall not be made available to any individual or
3 organization by Consultant without the prior written approval
4 of City. Any information to be released shall be released
5 only by City, or by Consultant after written approval of
6 such reI ease from City.
7 12. Termination of Contract For Cause. If for any cause
8 Consultant shall fail to fulfill in a timely and proper manner
9 its obligations under this agreement, or if Consultant shall
10 violate any of the covenants, agreements, or stipulations of this
11 agreement, City shall thereupon have the right to terminate this
12i agreement by giving written notice to Consultant of such
13 termination and specifying the effective date thereof at least
14 five (5) days before the effective date of such termination. In
15 that event, all finished and unfinished documents, data, studies,
16 surveys, drawings and reports or other material prepared by
17 Consultant under this agreement shall, at the option of City,
18 become its property, and Consultant shall be entitled to receive
19 just and equitable compensation for any satisfactory work
20 completed on such documents and other materials.
21 Notwithstanding the above, Consultant shall not be relieved
22 of liability to City for damages sustained by City by virtue of
23 any breach of this agreement by Consultant, and City may withhold
24 any payments to Consultant for the purpose of set-off until such
25 time as the exact amount of damages due City from Consultant to
26 City are determined.
27
281
This agreement may not be terminated if the failure to
perform arises from unforeseeable cause beyond the control and
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11 without the fault or negligencc of Consultant.
2 13. Amendment. Should City require changes in the scope of
3 the services of Consultant to be performed herender, such
4 changes, including any corresponding increase or decrease in the
5 amount of Consultant's compensation which shal1 be mutual1y
6 agreed upon by City and Consultant, shall be incorporated in this
7 agreement only by written amendments hereto.
8 14. Hold Harmless. Consultant shall indemnify, defend and
9 hold City and its officers, employees and agents harmless from
10 any claim, loss, cost, damage, demand, expense or liability,
11 including reasonable attorney's fees, to the extent resulting
12 from any intentional or negligent act or omission of Consultant,
13 its partners, agents, employees or sublicensees relating to this
14 agreement. This indemnity shall not apply to a claim, suit or
15 action against the City of San Bernardino based on alleged
16 infringement of the proprietary rights of the third party.
17 City shall indemnify, defend and hold Consultant, its
18 partners, employees, agents, shareholders, representatives and
19 affiliates harmless from any claim, loss, cost, damage, demand,
20 expense and liability, including reasonable attorney's fees, to
21 the extent resulting from any intentional or negligent act or
22 omission of the City of San Bernardino, its officers, agents or
23 employees relating to this agreement.
24 15. Independent Contractor. In accordance with its status
25 as an independent contractor, Consultant agrees that it will
26 conduct itself consistent with such status; that it shall not
271
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represent itself or claim to be an employee of City, or make any
claim, demand, or application to or for any right or benefit
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1 applicable to an employee of City, including, but not limited to,
2 Worker's Compensation coverage, unemployment insurance benefits,
3 social security coverage, or retirement membership or benefits.
4 16. Entire Agreement. This agreement, including Exhibits
5 "A" and "B, which are incorporated by reference, constitutes the
6 entire agreement between the parties.
7 17. Notices. A11 notices herein required shal1 be in
8 writing and delivered in person or sent by certified mail,
9 postage prepaid, addressed as follows:
10
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13
City
Consultant
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Arthur Young & Company
515 South Flower Street
Los Angeles, CA 90071
14 18. Time of the Essence. Time is of the essence with
15 respect to Consultant's performance under this agreement.
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 agreement on the date and year first hereinabove written.
6