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HomeMy WebLinkAboutReso - CC - 093-1998RESOLUTION 93-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENT WITH JOHN C. CANESTRO FOR SERVICE ANALYSIS RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City is dedicated to providing efficient and responsive services to its customers; and WHEREAS, the Building Division is one of the most prominent points of contacts with citizens; and WHEREAS, it is important to routinely review how the Division is providing services in the most cost effective, timely, and professional manner that is reasonably possible; and WHEREAS, John C. Canestro is a highly qualified and experienced building professional who is familiar with the City and the City's Building Division, and who has provided valuable analysis of the Division in the past, NOW, THEREFORE, IT IS ORDERED: 1. The Agreement attached hereto as Exhibit A is approved, and the City Manager is authorized to execute the Agreement for and on behalf of the City 2. The City Clerk is directed to witness the of the City. I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 9th day of September 1998, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK AGREEMENT FOR SERVICE ANALYSIS CONSULTANT SERVICES THIS AGREEMENT is entered into this day of. 19_, by and between the City of Burlingame, State of California, herein called the "City", and John C. Canestro, engaged in providing service analysis consulting services herein called the "Consultant". RECITALS A. The City is considering undertaking activities to evaluate the Building Division and ways in which the services provided by that division can be improved. B. The City desires to engage a professional Consultant to provide consulting services in conjunction with that evaluation, because of Consultant's experience and qualifications to perform the desired work. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: Scope of Services. The Consultant shall provide the services described in Exhibit A hereto. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the program by December 15, 1998. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or Revised: August 31, 1998 Page 1 of 6 C:\W PS 1\FILESIAGREEMENICONSIn.T.CON.wpd at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. " 6. Compensation. Compensation for Consultant's professional services shall not exceed $ 6,850.00; and payment shall be based upon City approval of each task completed pursuant to Exhibit A. Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 9. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Fred Cullum City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: John C. Canestro 5798 Stoneridge Mall Road, Suite 201 Pleasanton, CA 94588 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 10. Independent Contractor. It is understood that the Consultant, in the performance ofthe work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by Revised: August3l, 1998 Page 2 of C:kW P51\FILES\AGREEMENkCONSULT.CON.wpd subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 11. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 12. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 13. Insurance. A. Minimum Scope of Insurance: Consultant agrees to have and maintain, for the duration of the contract, general Liability insurance policies insuring him/her and his/her firm to an amount not less than: $500,000 combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an Revised: August 31, 1998 Page 3 of 6 C:\WP51\FILES\AGREEMENNCONSULT.CON.xvpd amount not less than $500,000 combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the City all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the City before work commences. B. General Liability: The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. ii. The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions ofthe policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. D. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the City before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 14. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend the City its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to Revised: Augusl3l, 1998 Page 4 of 6 C:\WP51\FILES\AGREEMLN\CONSULT.CON.wpd property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant, unless caused by the City's negligence or willful misconduct. 15. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 16. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior or Municipal Court of the County of Santa Clara. 17. Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement pursuant to Exhibit A hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 18. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. 19. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. 20. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify orvary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame John C. Canestro Revised: August31, 1996 Page 5 of 6 C:\W P51\FILESIAGRE EMEN\CONSULT.CON.scpd City Manager Consultant: ATTEST: Clerk of the City of Burlingame, Approved as to Form: City Clerk Larry E. Anderson, City Attorney Revised: Augus131, 1998 Page 6 of 6 C:\WP51\FILES4AGREEMEN\CONSCILT.CON.wpd EXHIBIT A CITY OF BURLImCb1,M Proposal to analyze and provide recommendations for the Building Inspection Division Future Staffing Status. It is proposed that an analysis of the Building Inspection Division staff and functions be provided to the City of Burlingame. Such an analysis would include recommendations for the possibility of using private contract firms for all or part of the existing City building inspection division staff. Included in the report will be cost benefit analysis, benefits and drawbacks to using a private program vs city staff and a persopnel staffing level that will properly serve the City. The final report will be developed through phases. Each phase will have a preliminary report that would be submitted to management. All documents produced by the vendor will be held confidential and subject to release only by the City. Finally, the report will provide recommendations for evaluation of potential vendors and a list of qualified vendors. In this phase will be the option of the City to obtain this firm's services to provide assistance in any transition the City may select. The following are the proposed phases together with fee for service. Phase I a. Meet with management to discuss issues and program for review. b. Review Building Inspection Division's four sections of general activity. 1. Management 2. Clerical, including front counter 3. Plan checking, including front counter 4. Field inspection C. Analysis of Division's budget and costs for each section. d. Examine the manner of public interface by the use of contract employees. e. Examine the manner of interdepartmental interface by the use of contract employees. f. Examine the interfacing of the use of contract employees with existing division personnel. g. Examine the physical location of contract employees. h. Provide list of jurisdictions that utilize all or partial contract employees as inspection division personnel. i. Examine the use of a deputy or assistant building official who will function in the absence of the Building official. j. Provide various options the City may use for contract services. Phase II Prepare analysis and draft report. Submit draft report to City management for review and comment. Meet with City Management to review report. Prepare final report. Phase III Meetings with City Council and City Management to discuss findings in the report. Phase IV (optional) Prepare list of qualified vendors. Assist management in preparation of R.F.P. Assist in review of R.F.Ps. 6a Phase I Phase II Phase III Fee for services Phase IV (bptional) $2500.00 2100.00 1250.00 $5850.00 $1000.00 It is our intent to provide a quality report that responds to the needs of the City. It is anticipated that after the agreement is signed Phases I, II and III will be completed within 60 calendar days. Respectfully submitted, JohnCanestro, P.E. August 1998 L