HomeMy WebLinkAboutContracts & Agreements_74-2016 AGREEMENT 1-0 PERFORM CONSULTING SERVICES
This agreement for consulting services("Agreement") is made and entered into this
19111 clay of April, 2016 ("Effective Date"), by and between the City of Redlands ("City"), a
municipal corporation and Thomas Steele ("Consultail t,>). City and Consultant are sometimes
individually referred to herein as a"Party"and, together,as the"Parties."In consideration of the
mutual promises contained herein,City and Consultant agree as follows:
ARTICLE 1 -- ENGAGEMENT OF CONSULTANT
1,1 City hereby engages Consultant to provide consulting services to assist in the development
and production of the City's Fiscal Year 2016-2017 Budget.
1.2 The Services shall be; performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.I The Services that Consultant shall perform are more particularly described in Exhibit"A,"
entitled"Scope of Services.,-which is attached hereto and incorporated herein by reference.
?.? Consultant shall comply with applicable federal,state and local laws and regulations in the
performance of this Agreement including, but not limited to, State prevailing wage laws.
ARTICLE 3 --RESPONSIBILITIES OF CITY
3.I City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Tina T. hundig, Finance Director, and Farrah. Jenner, Assistant. Finance
Director, to act as its representative with respect to performance of the Services, and such
persons shall have the authority to transmit instructions, receive information, interpret and
define,City's policies and decisions with respect to performance of the Services.
ART]CLE 4—PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner. Tile
term of this Agreement shall commence on the Effective Date and shall end upon
completion of the Services relating to the development and production of the Fiscal Year
2016-2017 Budget.
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a lona,and made;available to the: City, consistent with City
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Council adopted policy for the same. It shall be the obligation of Consultant to obtain a
copy of such policy from City Stab
.ARTICLE 5 —PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services relating to the
development and production of the Fiscal Year 2016-2017 shall riot exceed 560,000.
Compensation is in accordance with the schedule set forth in Exhibit"13",which.is attached
hereto and incorporated herein by reference.
5.2 Consultant shall submit invoices to City including a brief description of the Services
performed, the dates the Services were performed, and the number of hours spent. City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 .Any notice or ether communication required, or which may be given, pursuant to this
Agree.rn.m shall be in writing. ,Any such notice shall be deemed delivered (i)on the date
of delivery in person;(ii)live(5)days after deposit in first class registered mail,with return
receipt requested; (iii)on the actual delivery date ifdeposited with an overnight courier;or
(iv)on the date sent by facsimile,if confirmed with a copy sent contemporaneously by first
class, certified, registered or express mail; in each case properly pasted and fully prepaid
to the appropriate address set forth below, or such other address as a Party may provide
notice in accordance with this section.
City Consultant
Tina T. Kundig6Farrah Jenner Thomas Steele
City of Redlands 3400 Woodland Way
Finance Department Carlsbad, CA 92008
- Cajon Street= Suite 30
PQ, Box 3005 (mailing)
Redlands,CA 92373
,ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perforin any Services unless and
until the required insurance listed below is obtained by Consultant. Consultant shall
provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty (30) days prior
written notice to Cita.
61 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City,car certification to City
that Consultant is self-insured or exempt from the workers' compensation laws of the State
of California. Consultant shall provide City with Exhibit "C,'° entitled "Workers`
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Compensation Insurance Certification," which is attached hereto and incorporated herein
by this reference prior to occupancy of the Premises.
6.3 Consultant shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars (51,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Consultant shall secure and maintain professional liability insurance throughout the term
of this Agreement in the amount of One Million Dollars(S 1,000,000) per claim made.
6.5 Consultant shall have;business auto liability coverage,with minimum limits Of One Million.
Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability, This coverage shall include:all Consultant owned vehicles used
in connection with Consultant's provision of the Services, hired and non-owned vehicles,
and employee non-ownership vehicles. City shall be naine:d as an additional insured and
such insurance: shall be primary and non-contributing to any insurance or self-insurance;
maintained by City.
6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents fronn and against any and all claims, lasses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by,or the;willful misconduct of,Consultant,or its officers,
employees and agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it demes not have any investment or interest in any
real property that may be the subject of this Agreeinment or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Consultant's Services. Consultant furthe=r covenants and represents that
in time performance of its duties hereunder,no person having any such.interest shall perform
any Services under this Agreement_
7.2 Consultant agrees it is not a designated employees within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation,or adopt or enrorce a City law;
(ii) issue, deny, suspend or revolve any City permit, license;, application.,
certification,approval,order or similar authorization or entitlement;
(iii) authorize the Cit} to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
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City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan,design, report, study or similar item;
(vi) adapt or grant City approval of,policies,standards or guidelines for City or
for any subdivision thereof.
B. Docs not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in. City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City officially determines that Consultant must disclose its financial interests,
Consultant shall complete and file a fair political practices Commission Form. 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8—GENERAL CONSIDERATIONS
8,1 In the event any action is commenced to enforce or interpret any ofthe terms or conditions
of this Agreement the prevailing Party shall, in addition to any casts and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party,
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the teens and conditions of this Agreement,
8.1 Records, drawings, designs, cost estimates, electronic data files, databases and any ether
documents developed by Consultant in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City. Any
reuse of such documents,and any use of incomplete documents,shall be at City's sale risk.
8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth. Consultant shall supply all necessary tools and instrumentalities required to perforin
the Services. Assigned personnel employed by Consultant are for its,account only, and in
no event:shall Consultant or personnel retained by it be deemed to have been employed by
City or engaged by City for the account of, or on behalf of City. Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
went, near shall Consultant have any authority, express or implied, to bind City to any
obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City. This Agreement may be terminated by
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either 1.mity, in Its sole discretlint, by providing nct lass than five (5) (laws Pri'm writWn
notice to the other pany of intent to terminate,
9,6 ("onsuftant shall maintain books, ledgers, invoices, accounts and other records, and
dk':wuments evidencing costs and expenses related to the Services for as period of three
years,dor tear.any lorwerperiodreqUired b),., law,from the dater til fin al payment to Consultant
J)WSUant to this Agreement, Such books shfli be available at reasonable times for
examination by City at the t,)ffice of("onsultant,
8,7 This Agreement, including the [Exhibits, incorporated herein by retrence, represents the
entire agrcenientand and between the Parti esas to the imatters contained herein,
and any prior negotiabom, wrawn proposals orvQrN.'d agreements relating to such matters
are superseded by this Agreonent, Except as otherwise 1,,)ro%id ed for hereill, wrly
amenduient to this Agreement shall be in writing,approved by City and signed by Ciq� and
Consultant,
8,8 This s,'\orcemem shall be governed by and construed in aca ,ordance with the laws, of the
State ofCafifornia,
,9,,9 If one or more(,A the sentences,c1awws,paragraphs or sectiom,;contained in this Agreernent
is, declared invalid, void or unen,florecable by a court of competent jurisdiction, the ,sail 'le
shall be deemed severable from the remainder of this Agreement and shall riot as ct,
unpair invalidate the rern,"'oning "eritt'nCes" Clauses, paragraphs or sections contaitied
herein, unless to do so would deprive a Party of a material,beriefit of its bargain and this
Aareenient,
IN WITNESS fl ll duty authorized represetmnis s ot'OtY and Consultant hm,e signed
in confirmation ofthisAggrcement,
F1"Y 0 F REF)1,A N DS THOMAS s'n"ELL',"
B
By
Pana
Foster, Mayor ri';Oynas Steele
Attest:
lerk
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EXHIBIT "A"
SCOPE OF SERVICES
Assist the City of Redlands Finance Department with review and analysis of the Discal Year
2016/2017 budget,providing recommendations as requested. Further assist with production of the
budget by preparing budget schedules as requested including, but not limited to, calculation of
Information Technology and Garage charges, General Government Service charges and various
funding plans. Finance staff to provide Files and reports necessary to complete requested analysis
and schedules.
[t is understood that consultant services are to be performed off site. If the City desires the
consultant to appear onsite,a request shall be made a minimum of 48 hours in advance and will be
subject to the availability of the consultant.
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EXHIBIT "B"
COMPENSATION SCHEDULE
Consultant services will be performed at a rate of 125.00 per Dour plus reimbursement for mileage
at the 2016 IRS standard mileage rate for total compensation not-to-exceed 560,000.
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State,shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial relations of ability to self-insure and to pay= any compensation that
nnav become due to his or her employces.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Cade which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and l will comply with such provisions before
commencing the performance of the Nvork and activities required or permitted under this
Agreement_ (Labor Code §186 I).
I affirm that at all tithes, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However,at any time,if I employ any person such that
I become subject to the workers' compensation laws of California,immediately I shall provide the
City with a certificate of consent to self insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
`I'H tAS STEE'LE Date: lit
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Bv:
Thomas Steele
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