HomeMy WebLinkAbout05.G- Finance 5.G
RESOLUTION (ID # 4479) DOC ID: 4479 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Brent Mason M/CC Meeting Date: 06/20/2016
Prepared by: Veronica Martinez, (909)
384-5242
Dept: Finance Ward(s): N/A
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of Consultant Services Agreements Between Consultant Maggie
DeMauro and the City of San Bernardino and Ronak Desai Dba R.T Desai & Associates
and the City of San Bernardino. (#4479)
1 Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $165,000 Account No. 001-120-0039-5502
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
2/1/2016 - Resolution #2016-13 Adopted
Background:
Two Consultants, Maggie DeMauro and Ronak Desai, have been instrumental in
assisting the Finance Department staff in completing audits and current. Thus City staff
is recommending that the Mayor and Common Council approve the attached resolution
which approves the contracts for Desai and DeMauro through June 30, 2017 at the
same hourly rates at not to exceed amounts of $90,000 and $75,000, respectively.
Proposed consultants will provide these services for the Finance Department and will
assist with the transition to permanent staffing to be hired by the Finance Department
over the next year.
City Attorney Review:
Supporting Documents:
Maggie DeMauro and Ronak Desai reso(DOCX)
Agrmt 4479 A (PDF)
Reso 2016-13 (PDF)
Agrmt 4479 B (PDF)
Maggie DeMauro signed Contract for 2016-13 (PDF)
Ronak Desai signed Contract for 2016-13 (PDF)
Updated: 6/13/2016 by Georgeann "Gigi" Hanna C Packet Pg.231
5.G.a
RESOLUTION NO.
1 M
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT °
3 SERVICES AGREEMENTS BETWEEN CONSULTANT MAGGIE DEMAURO AND o
THE CITY OF SAN BERNARDINO AND RONAK DESAI dba R.T. DESAI & W
4 ASSOCIATES AND THE CITY OF SAN BERNARDINO.
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5
6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON d
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized and directed to execute the M
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Consultant Service Agreements between the City of San Bernardino and Consultant Maggie '°
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10 DeMauro and between the City of San Bernardino and Consultant Ronak Desai, attached
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11 hereto marked as Exhibit "A" and Exhibit `B" respectively, and incorporated herein by
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12 reference as fully as though set forth at length. v
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SECTION 2. The Finance Department is hereby authorized to issue a Purchase Order 0
14
15 to Maggie DeMauro for consultant services for a total amount not to exceed $75,000 and a w
16 Purchase Order to Ronak Desai, for consultant services for a total amount not to exceed
17 $90,000. y
18 SECTION 3. The authorization granted hereunder shall expire and be void and of no y
19
further effect if the Agreement is not executed by both parties and returned to the Office of the
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21 City Clerk within sixty(60) days following the effective date of this Resolution.
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5.G.a
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT
SERVICES AGREEMENTS BETWEEN CONSULTANT MAGGIE DEMAURO AND
2 THE CITY OF SAN BERNARDINO AND RONAK DESAI dba R.T. DESAI & °
3 ASSOCIATES AND THE CITY OF SAN BERNARDINO. o
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a meeting
6
thereof,held on the day of , 2016,by the following vote,to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ
10 BARRIOS d
11 VALDIVIA L
12 0
SHORETT
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14 NICKEL 0
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15 RICHARD W
16 �
MULVIHILL
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Georgeann Hanna, City Clerk
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20 The foregoing Resolution is hereby approved this day of 2016. c
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22 R. Carey Davis, Mayor
23 City of San Bernardino
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24 Approved as to form:
Gary D. Saenz, City Attorney
25 ;
26 By:
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5.G.b
1 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
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BERNARDINO AND MAGGIE DeMAURO FOR ACCOUNTING CONSULTANT
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2 SERVICES
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G THIS AGREEMENT is made and entered into this day of , 201 t
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$ ("Effective Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY" c
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5 and Maggie DeMauro ("CONSULTANT").
7 WITNESSETH: o
8 WHEREAS, CITY has the need to utilize the services of a Consultant as an independen d
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9 contractor to provide Accounting Assistance in the Finance Department; and a�
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10 WHEREAS, Consultant asserts that she is competent, trained and qualified currently tc M
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11 perform the duties of an Independent Contractor; and 0
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12 WHEREAS, the parties desire to enter into this Agreement to outline the duties an<
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13 responsibilities of the parties,
14 NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS: c
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15 1. SCOPE OF SERVICES. Consultant is hereby retained on a weekly basis,to provid( o
15 accounting assistance in the City of San Bernardino Finance Department.
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17 1.2 Professional Practices. All professional services to be provided b) x LU
18 CONSULTANTS pursuant to this Agreement shall be provided by personnel identified in thf
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19 Proposal and in a manner consistent with the standards of care, diligence and skill ordinarih Q
20 exercised by professional CONSULTANTS in similar fields and circumstances in accordancf v
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21 with sound professional practices. CONSULTANTS also warrant that they are familiar with al rn
22 laws that may affect its performance of this Agreement and shall advise CITY of any changes it
23 any laws that may affect CONSULTANTS' performance of this Agreement. CONSULTANTS E
24 further represent that no CITY employee will provide any services under this Agreement. a
25 1.3. Warranty. CONSULTANTS warrant that they shall perform the service,,
25 required by this Agreement in compliance with all applicable Federal and California employmen
27
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I laws including, but not limited to, those laws related to minimum hours and wages; occupationa
2 health and safety; fair employment and employment practices; workers' compensation insurancf
3 and safety in employment; and all other Federal, State and local laws and ordinances applicable tc
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4 the services required under this Agreement. CONSULTANTS shall indemnify and hold harmles, o
5 CITY from and against all claims, demands,payments, suits, actions,proceedings,and judgment; o
6 of every nature and description including reasonable attorneys' fees and costs,presented,brought =
7 or recovered against CITY for, or on account of any liability under any of the above-mentionec 3
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8 laws, arising from or related to CONSULTANTS' performance under this Agreement. o
9 1.4. Non-discrimination. In performing this Agreement, CONSULTANTS shall no-
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10 engage in, nor permit their officers, employees or agents to engage in, discrimination it �
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I 1 employment of persons because of their race,religion, color,national origin,ancestry,age,mental
12 or physical disability,medical condition,marital status,sexual gender or sexual orientation, except
13 as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may
14 result in the imposition of penalties referred to in Labor Code, Section 1735. 0�
15 1.5 Non-Exclusive Agreement. CONSULTANTS acknowledge that CITY may c
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16 enter into agreements with other CONSULTANTS for services similar to the services that are
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17 subject to this Agreement or may have its own employees perform services similar to those w
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18 services contemplated by this Agreement.
19 1.6 Delegation and Assignment. This is a personal service contract, and the duties
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20 set forth herein shall not be delegated or assigned to any person or entity without the prior written
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21 consent of CITY. CONSULTANTS may engage a subcontractor(s) as permitted by law and may a
22 employ other personnel to perform services contemplated by this Agreement at CONSULTANTS'
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23 sole cost and expense.
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24 1.7. Conflicts of Interest. During the term of this Agreement, CONSULTANTS Q
25 shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
26 payment from or employment with any person or entity which will constitute a conflict of interest
27 Z
28
Packet Pg.235
5.G.b
I with the CITY.
2 1.8. CITY Business Certificate. CONSULTANTS shall, prior to execution of thi:
3 Agreement, obtain and maintain during the term of this Agreement, a valid CITY Business
4 Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and an3 o
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5 and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are o
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6 legally required of CONSULTANTS to practice their profession, skill or business.
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7 2. TERM. The term of this Agreement shall begin on July 1, 2016 and terminate a 3
8 midnight on June 30,2017. o
9 3. COMPENSATION AND EXPENSES. For the term of this Agreement, Consultant shal
10 be compensated for her services at$60.00 an hour,not to exceed$75,000. Consultant shall not be
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11 entitled to any compensation, leave accruals, retirement or other benefits beyond the
12 aforementioned hourly rate of pay.
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13 4. TERMINATION. Under the terms of this Agreement,Consultant serves in an "at will'
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14 capacity and may be terminated at any time, with or without cause, and Consultant may resign a �o
15 any time. Nothing in this Agreement shall be construed as creating any vested right in the 0a
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16 position of Accounting Assistance Consultant or in employment with the CITY.
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17 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between thf w
18 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement of
19 in any way made between the parties or their agents are replaced and superseded by this
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20 Agreement.
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21 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable law: a
22 of the United States of America, the State of California, and all other applicable laws.
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23 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the law:
24 of the State of California. Q
25 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing part;
26 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorne;
27 3
28
Packet Pg. 236
5.G.b
I and members of his/her office in enforcing this contract on behalf of the CITY shall be considerec
2 "attorney's fees" for the purposes of this paragraph.
3 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of
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4 law, such provision shall be considered severable, and the remainder of this Agreement or any o
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5 provision hereof shall not be affected. o
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6 14. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
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7 constitute a waiver of the right to compel enforcement of the remaining provisions of this
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8 Agreement. o
9 11. AMENDMENT. This Agreement may only be amended by a written instrument ,
10 executed by the parties hereto, and may not be amended by oral agreement.
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11 12. ASSIGNMENT. This Agreement shall not be assigned by Consultant, without prior
12 written consent of the City.
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13 13, INDEMNIFICATION AND HOLD HARMLESS. CONSULTANTS shall protect;
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14 defend, indemnify and hold harmless CITY and its elected and appointed official, boards;
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15 commissions, and officers, attorneys, agents and employees from any and all claims, losses; O
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16 demands suits, administrative actions, penalties, liabilities and expenses, including reasonable a
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17 attorney fees, damage to property or injuries to or death of any person or persons or damages of w
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18 any nature including, but not limited to, all civil claims or workers' compensation claims arising
19 from or in any way related to CONSULTANTS' performance under this Agreement, except when
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20 caused solely by the City's negligence.
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21 14. INDEPENDENT CONTRACTOR. CONSULTANTS, at all times while performing Q
22 under this Agreement, are and shall be acting at all times as independent contractors and not as r-
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23 agents or employees of CITY. CONSULTANTS shall secure, at their expense, and be v
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24 responsible for any and all payment of wages, benefits and taxes including, but not limited to, a
25 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
26 Compensation, and other payroll deductions for CONSULTANTS and their officers, agents, and
27 4
28
Packet Pg. 237
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I employees and all business licenses, if any are required, in connection with the services to be
2 performed hereunder. Neither CONSULTANTS nor their officers, agents and employees shat:
3 be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be
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4 entitled to workers' compensation insurance, unemployment compensation, medical insurance. o
5 life insurance, paid vacations, paid holidays, pension, profit sharing or social security on accouni c
6 of CONSULTANTS and their officers', agents' and employees' work for the CITY. Thi:
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7 Agreement does not create the relationship of agent,servant, employee partnership or joint venture on
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8 between the CITY and CONSULTANTS. o
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9 15. CONFLICT OF INTEREST DISCLOSURE. CONSULTANTS or their employees '5
10 may be subject to the provisions of the California Political Reform Act of 1974(the"Act"),whicl.
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11 (1)requires such persons to disclose financial interests that may be materially affected by the work
12 performed under this Agreement, and (2) prohibits such persons from malting or participating it
13 making decisions that will have a foreseeable financial affect on such interest.
14 CONSULTANTS shall conform to all requirements of the Act. Failure to do sc U
15 constitutes a material breach and is grounds for termination of the Agreement by CITY. _
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16 16, RESPONSIBILITY FOR ERRORS. CONSULTANTS shall be responsible for their a
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17 work and results under this Agreement. CONSULTANTS, when requested, shall furnisr W
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18 clarification and/or explanation as may be required by the CITY's representative, regarding an) 4-
19 services rendered under this Agreement at no additional cost to CITY. In the event that an error
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20 or omission attributable to CONSULTANTS occurs, then CONSULTANTS shall, at no cost tc
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21 CITY, provide all other CONSULTANTS professional services necessary to rectify and correct a
22 the matter to the sole satisfaction of CITY and to participate in any meeting required with regard tc
23 the correction.
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24 17. PROHIBITED EMPLOYMENT. CONSULTANTS shall not employ any currerr a
25 employee of CITY to perform the work under this Agreement while this Agreement is in effect.
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26 18. COSTS. Each party shall bear its own costs and fees incurred in the preparation ant
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mss.,
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I negotiation of this Agreement and in the performance of its obligations hereunder except a:
2 expressly provided herein.
3 19. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into fo:
4 the sole benefit of CITY and CONSULTANTS and no other parties are intended to be direct o: o
5 incidental beneficiaries of this Agreement and no third party shall have any right in, under or tc o
6 this Agreement.
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1 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND MAGGIE DeMAURO FOR ACCOUNTING CONSULTANT
2 SERVICES
3
4
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5 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and datc
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6 first above written. .0
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7 Date: 72016 Maggie DeMauro 0
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By:
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Date: , 2016 CITY OF SAN BERNARDINO
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13 By:
Mark Scott, w
14 City Manager c00
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16 ATTEST:
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18 Georgeann"Gigi" Hanna, City Clerk
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21 APPROVED AS TO FORM:
Gary D. Saenz, City Attorney a
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Packet Pg. 240
NMI'
RESOLUTION NO. 2016-13
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2
SAN BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT
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. o
5 0
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The City Manager is hereby authorized and directed to execute the
d
9 Consultant Service Agreements between the City of San Bernardino and Consultant Maggie
a�
10 DeMauro and between the City of San Bernardino and Consultant Ronak Desai, attached 2
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11 hereto and marked as Exhibit"A" and Exhibit"B"respectively, and incorporated herein by a
12 2
reference as fully as though set forth at length.
13 `�
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SECTION 2. The Finance Department is hereby authorized to issue a Purchase Order m
15 to Maggie DeMauro for consultant services for a total amount not to exceed $62,400 and a U
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16 Purchase Order to Ronak Desai, for consultant services for a total amount not to exceed 0
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17 $80,850. x
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1$ SECTION 3. The authorization granted hereunder shall expire and be void and of no °?
19 �r
further effect if the Agreement is not executed by both parties and returned to the Office of the r,
20
21 City Clerk within sixty(60) days following the effective date of this Resolution. N
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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. 0
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 0
6 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
7 o
the I"day of February, 2016, by the following vote,to wit:
8
0
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
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11 N
BARRIOS X
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12
VALDIVIA x _ in
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14 SHORETT x
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15 NICKEL x U
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16 JOHNSON x
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17 MULVIHILL X w
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20 GeorgeaM Hanna, CMC, City Clerk T
21 The foregoing Resolution is hereby approved this 4- day of February, 2016. N
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22
23 R. Carey DaAs, Mayor E
24 City of San Bernardino
25 Approved as to form: a
26 Gary D. Saenz, City Attorney
27 By: c �—�-
28
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Packet Pg.242
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5.G.d
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1 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND RONAK DESAI dba. R.T. DESAI & ASSOCIATES FOR
2 ACCOUNTING CONSULTANT SERVICES
s
3
4 THIS AGREEMENT is made and entered into this day of , 201 t
0
5 ("Effective Date") by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"
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and Ronak Desai ("CONSULTANT").
WITNESSETH:
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8 WHEREAS, CITY has the need to utilize the services of a Consultant as an independen 2m
a�
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9 contractor to provide Accounting Assistance in the Finance Department; and as
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10 WHEREAS, Consultant asserts that she is competent, trained and qualified currently t(
11 perform the duties of an Independent Contractor; and N
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12 WHEREAS, the parties desire to enter into this Agreement to outline the duties anc
CO
d
13 responsibilities of the parties,
1 NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS: c
U
15 1. SCOPE OF SERVICES. Consultant is hereby retained on a weekly basis,to provide o
c
16 accounting assistance in the City of San Bernardino Finance Department.
a�
1.2 Professional Practices. All professional services to be provided b) w
17
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 ordinaril) m
a)
20 exercised by professional CONSULTANTS in similar fields and circumstances in accordance
w
21 with sound professional practices. CONSULTANTS also warrant that they are familiar with al. E
22 laws that may affect its performance of this Agreement and shall advise CITY of any changes ir- c
d
23 any laws that may affect CONSULTANTS' performance of this Agreement. CONSULTANTS
c�
24 further represent that no CITY employee will provide any services under this Agreement. Q
25 1.3. Warranty. CONSULTANTS warrant that they shall perform the service
26 required by this Agreement in compliance with all applicable Federal and California employment
27 3
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Packet Pg.243
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I laws including, but not limited to, those laws related to minimum hours and wages; occupationa
2 health and safety; fair employment and employment practices; workers' compensation insurancf
i
3 and safety in employment;and all other Federal, State and local laws and ordinances applicable tc
N
4 the services required under this Agreement. CONSULTANTS shall indemnify and hold harmless o
5 CITY from and against all claims, demands,payments, suits, actions,proceedings, and judgment, o
W
6 of every nature and description including reasonable attorneys' fees and costs,presented,brought
7 or recovered against CITY for, or on account of any liability under any of the above-mentionec
8 laws, arising from or related to CONSULTANTS' performance under this Agreement. o
9 1.4. Non-discrimination. In performing this Agreement, CONSULTANTS shall not a
10 engage in, nor permit their officers, employees or agents to engage in, discrimination in
0
11 employment of persons because of their race,religion, color,national origin, ancestry,age,mental d
12 or physical disability,medical condition,marital status,sexual gender or sexual orientation,except d
M
13 as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may a
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14 result in the imposition of penalties referred to in Labor Code, Section 1735. o
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15 1.5 Non-Exclusive Agreement. CONSULTANTS acknowledge that CITY may =
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16 enter into agreements with other CONSULTANTS for services similar to the services that are
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17 subject to this Agreement or may have its own employees perform services similar to those .x
".
18 services contemplated by this Agreement.
19 1.6 Delegation and Assignment. This is a personal service contract, and the duties rn
20 set forth herein shall not be delegated or assigned to any person or entity without the prior written
E
21 consent of CITY. CONSULTANTS may engage a subcontractor(s)as permitted by law and may
22 employ other personnel to perform services contemplated by this Agreement at CONSULTANTS' d
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23 sole cost and expense.
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24 1.7. Conflicts of Interest. During the term of this Agreement, CONSULTANTS d
25 shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept
26 payment from or employment with any person or entity which will constitute a conflict of interest
27
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28
Packet Pg.244
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1
f
1 I with the CITY.
2 1.8. CITY Business Certificate. CONSULTANTS shall, prior to execution of thi,
3 Agreement, obtain and maintain during the term of this Agreement, a valid CITY BusinesE
4 Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any o
Y
5 and all other licenses,permits, qualifications, insurance and approvals of whatever nature that are o
6 legally required of CONSULTANTS to practice their profession, skill or business. _
R
7 2. TERM. The term of this Agreement shall begin on July 1, 2016 and terminate at
8 midnight on June 30, 2017. d
0
9 3. COMPENSATION AND EXPENSES. For the term of this Agreement, Consultant shall
10 be compensated for her services at$105.00 an hour,not to exceed $90,000. Consultant shall not
0
11 be entitled to any compensation, leave accruals, retirement or other benefits beyond the
12 aforementioned hourly rate of pay.
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13 4. TERMINATION. Under the terms of this Agreement,Consultant serves in an"at will" R
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14 capacity and may be terminated at any time, with or without cause, and Consultant may resign at
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15 any time. Nothing in this Agreement shall be construed as creating any vested right in the o
16 position of Accounting Assistance Consultant or in employment with the CITY.
r
17 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the W
a�
18 parties. Any correspondence, letters, documents, or discussions leading up to this Agreement or
19 in any way made between the parties or their agents are replaced and superseded by this rn
ti
20 Agreement. v
r
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21 6. COMPLIANCE WITH LAWS. The parties hereto shall comply with applicable laws a
22 of the United States of America,the State of California, and all other applicable laws.
E
23 7. GOVERNING LAW. This Agreement shall be enforced and interpreted under the laws
24 of the State of California. Q
25 8. ATTORNEY'S FEES. In any litigation relating to this Agreement, the prevailing party
26 shall be entitled to reasonable attorney fees. The cost, salary, and expenses of the City Attorney
27
3
28
Packet Pg.245
x
I and members of his/her office in enforcing this contract on behalf of the CITY shall be considerec
2 "attorney's fees" for the purposes of this paragraph.
i
3 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of •R
4 law, such provision shall be considered severable, and the remainder of this Agreement or any o
Y
5 provision hereof shall not be affected. _
0
W
Or-
6 10. WAIVER. Failure of either party to enforce any provision of this Agreement shall not
7 constitute a waiver of the right to compel enforcement of the remaining provisions of this on
8 Agreement. o
9 11. AMENDMENT. This Agreement may only be amended by a written instrument
10 executed by the parties hereto, and may not be amended by oral agreement.
0
11 12. ASSIGNMENT. This Agreement shall not be assigned by Consultant, without prior
12 written consent of the City.
Cn
13 13. INDEMNIFICATION AND HOLD HARMLESS. CONSULTANTS shall protect, i
w
14 defend, indemnify and hold harmless CITY and its elected and appointed official, boards, �°�
15 commissions, and officers, attorneys, agents and employees from any and all claims, losses, o
16 demands suits, administrative actions, penalties, liabilities and expenses, including reasonable d
w
X
17 attorney fees, damage to property or injuries to or death of any person or persons or damages of u'
18 any nature including, but not limited to, all civil claims or workers' compensation claims arising
19 from or in any way related to CONSULTANTS' performance under this Agreement,except when
20 caused solely by the City's negligence.
E
21 14. INDEPENDENT CONTRACTOR. CONSULTANTS, at all times while performing 0)
22 under this Agreement, are and shall be acting at all times as independent contractors and not as a
E
23 agents or employees of CITY. CONSULTANTS shall secure, at their expense, and be
24 responsible for any and all payment of wages, benefits and taxes including, but not limited to, a
25 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
26 Compensation, and other payroll deductions for CONSULTANTS and their officers, agents, and
27
4
28
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15 constitutes a material breach and is grounds for termination of the Agreement by CITY. c
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24 17. PROHIBITED EMPLOYMENT. CONSULTANTS shall not employ any current a
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26 18. COSTS. Each party shall bear its own costs and fees incurred in the preparation and
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1 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
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2 ACCOUNTING CONSULTANT SERVICES
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$ IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date
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7 Date: ,2016 R.T. DESAI &ASSOCIATES o
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11 Date: , 2016 CITY OF SAN BERNARDINO
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CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN
1 BERNARDINO AND MAGGIE DeMAURO FOR ACCOUNTING CONSULTANT
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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") o
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15 1 SCOPE OF SERVICES. Consultant is hereby retained on a weekly basis,to provide
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2 BERNARDINO AND MA.GGIE DeMAURO FOR ACCOUNTING CONSULTANT
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CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN °
1 BERNARDINO AND RONAK DESAI dba.R.T.DESAI&ASSOICIATES FOR
2 ACCOUNTING CONSULTANT SERVICES �°
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4 THIS AGREEMENT is made and entered into this 1st day of February, 2016
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16 midnight on June 30,2016. T
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18 be compensated for her services at $105.00 an hour,not to exceed$80,850. Consultant shall not u
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21 4. TERMINATION. Under the terms of this Agreement, Consultant serves in an"at will" y
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11 9. SEVERABILITY. If any portion of this Agreement is held to be invalid by a court of 0
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15 constitute a waiver of the right to compel enforcement of the remaining provisions of this Iq
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1 including, but not limited to,all civil claims or workers'compensation claims arising from or in °
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CONSULTANTS shall conform to all requirernents of the Act. Failure to do so °
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12 17 PROHIBITED EMPLOYMENT. CONSULTANTS shall not employ any current g
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employee of CITY to perform the work under this Agreement while this Agreement is in effect. w
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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 r
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17 expressly provided herein. N
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18 19. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the
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1 sole benefit of CITY and CONSULTANTS and no other parties are intended to be direct or o
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incidental beneficiaries of this Agreement and no third party shall have any right in, under or to
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Packet Pg. 262
2016-13
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CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN °
1 BERNARDINO AND RONAK DESAI dba.R.T.DESAI &ASSOICIATES FOR
2 ACCOUNTING CONSULTANT SERVICES
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IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and
5 date first above written. o
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Date: °� ,2016 R.T. DESAI&ASSOCIATES
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14 Date: ,2016 CITY OF SAN BERNARDINO r
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7 I� City Manager N
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20 APPROVED AS TO FORM:
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21 Gary D. Saenz, City Attorney N
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Packet Pg.263