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HomeMy WebLinkAbout1987-09-08; City Council; Resolution 92281 2 3 4 5 6 7 e 9 IC 11 12 12 14 1E 1E 17 1€ 15 2c 21 2; 22 24 2t 2E 2'; 2€ RESOLUTION NO. 9228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARISBAD, CALIFORNIA, ACCEPTING TEE PROPOSAL OF DAVID M. GRIFFITEI AND ASSOCIATES, LTD. FOR THE PREPARATION OF A USER FEE STUDY, AND APPROPRIATING FUNDS WHEREAS, the City of Carlsbad desires to update the user fee study by David M. Griffith and Associates, Ltd. in 1984, and WHEREAS, the update of this prior study will depend heavily on the cost allocation plan model prepared by David M. Griffith and Associates, Ltd, in 1986, and WHEREAS, it is in the interest of the City to accept the proposal of David M. Griffith and Associates, Ltd. to prepare the revised fee study due to the company's involvement in the preparation of the City's cost allocation plan, and WHEREAS, the appropriation of $13,500 is necessary to support the cost of this study including $12,500 for the service of David M. Griffith and Associates, Ltd. and $1,000 for additional costs related to the study, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the Mayor is hereby authorized to execute the attached agreement with David M. Griffith and Associates, Ltd. for the preparation of the City's fee study. 2. That the amount of $13,500 is hereby transferred from the City Council's Contingency Account to the Finance Department Professional Services Account for this study. \\\ 1 2 3 4 5 6 7 a 9 10 91 12 13 14 15 16 17 1E 15 2c 21 22 22 24 22 26 27 2& PASSED, APPROVED AND ADOPTED, at a Regular Meeting of the City Council of the City of Carlsbad, California, held on the 8th day of September , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ATTEST : ALETHA L. RAUTENKRANZ, City Clerk\ (SEAL) EXHIBIT 1 0 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES TO THE CITY OF CARLSBAD THIS AGREEMENT, made and entered into as of the day of 9 19 ? by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and DAVID M. GRIFFITH & ASSOCIATES, hereinafter ref erred to as "Consultant .I1 RECITALS City requires the services of Consultant to provide the services related to the study of City user Fees; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: (1) CONSULTANT'S OBLIGATIONS The Consultant shall do, perform and carry out in a good and professional manner the following services: A. Process the City's central service cost allocation plan using the Consultant 's proprietary cost allocation system. City shall provide the Consultant with appropriate cost and allocation data and completed can put er coding worksheets. B. Calculation of the full costs of services offered by the City in the planning, engineering, building, police, fire and recreation departments for *ich fees can reasonably be levied. The Consultant will analyze service costs at the lowest practical level but will in 0 0 C. D. E. most cases not attempt to cost individual services within current fee schedules nor cost individual services of enterprise funds. Calculation of revenues resulting from current fees and matching these revenues with costs calculated ir? (2)8. Development of a report summarizing the analysis and documenting the amount that fees would need to be increased given the City's current fee structure and assuming that service use would not be affected by fee changes, Presentation of the study findings to staff, management and the City Council. (2) CITY OBLIGATIONS The City shall furnish the Consultant with all available necessary information, data, and material pertinent to the execution of this agreement. The City shall cooperate with the Consultant in carrying out the work herein and shall provide adequate staff for liaison with the Consultant and other agencies of City government. (3) PROGRESS AND COMPLETION The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expeditious completion and best carry out the purpose of the agreement. A draft report shall be presented to City for review by 3anuary 15, 1988 and all services required hereunder shall be completed by 3une 30, 1988. (4) FEES TO BE PAID TO CONSULTANT The City agrees to pay the Consultant a sum not to exceed $10,000 for the user fee study update and $2,500 for cost plan processing ($12,500 total) for all services herein, which shall include reimbursement for expenses incurred. onsultant agrees to complete the project and all services provided herein for said sum. (5) METHOD OF PAYMENT The Consultant shall be entitled to payment in accordance with the provisions of this paragraph. The Consultant shall receive twenty percent (20%) of the agreed upon fee upon submission of the central service cost allocation plan described in (1)A. percent (70%) upon submission of the draft report described in (1)D. The final ten percent (10%) shall be due the Consultant upon completion of all services described under this agreement to the satisfaction of the City. (6) CHANGES IN WORK The Consultant shall receive an additional seventy The City may, from time to time, require changes in the scope of services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendment to this agreement. (7) COVENANT AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agrement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (8) NONDISCRIMINATION CLAUSE The Consultant shall comply with applicable State and Federal laws regarding non-discrimination . (9) TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, thereupon, has five working days to deliver said documents owned by the City and all work in progress to the City Finance Director. The City Finance Director shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the contract. ( IO) DISPUTES If a dispute should arise regarding the performance of work under this agrement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the City Finance Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Finance Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. ( 11 ) PROVISIONS CONCERNING CERTAIN WAIVERS Subject to applicable law, any right of remedy which the City may have under this contract may be waived in writing by the City by a formal waiver, if, in the judgment of the City, this contract, as so modified, will still conform to the terms and requirements of this contract. (12) MATTERS TO BE DISREGARDED The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions if this contract. ( 13) COMPLETENESS OF CONTRACT This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the tenns and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. (14) SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering 30 days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. (15) STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accanplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the consultant pursuant to this contract shall be the full and complete compensation to which the consultant is entitled pursuant this contract. The City shall not make any federal or state tax withholdings on behalf of the . consultant. The City shall not be required to pay any workers compensation insurance on behalf of the consultant. The consultant agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, workers compensation payment which the City may be required to make on behalf of consultant or any employee of consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall ccmply with those requirements, including but not limited to verifying the eligibility for employment of all agents, employees, sub-contractors and consultants that are included in this agreement . (16) INFORMATION AND REPORTS The Consultant shall, at such time and in form as the City may require, furnish such periodic reports concerning the status of the project, such statements, certificates, approvals and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the City. The Consultant shall furnish the City, upon request, with copies of all documents and other materials prepared or developed in relation with or as part of the project. Working papers prepared in conjunction with the project will be turned over to the City for safekeeping. (17) RECORDS AND INSPECTIONS The Consultant shall maintain full and accurate records with respect to all matters covered under this agreement. The City shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts thereform, and to inspect all program data, documents, proceedings and activities. (18) WHEN RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to the Consultant constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of the Consultant, and the making of any such payment by the City while any such breach or default shall exist in no way impair or prejudice any right or remedy available to the City in respect to such breach or default. (19) CONSULTANT LIABILITY IF AUDITED The Consultant will assume all financial and statistical information provided to the Consultant by City employees or representatives is accurate and complete. Any subsequent disallowance of funds paid to the City for any reason under the plan is the sole responsibility of the City. Consultant will, however, provide assistance to the City should an audit be undertaken of indirect costs. (20) HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of Consultant or Consultant's agents, employees or representatives. Consultant agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. (2 1 ) ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. (22) SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and missions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consult ant s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. (23) PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construct ion or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. (24) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. (25) SUCCESSORS OR ASSIGNS Subject to the provisions of paragraph (18), Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. (26) EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. (27) CONFLICT OF INTEREST The Consultant shall file. a conflict of interest statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in, real property. (28) NOTICES Any notices, bills, invoices, or reports required by this agrement shall se sufficient if sent by the parties in the United States mail, postage paid, 3e to address noted below: City of Carlsbad Attention: games F. Elliott, Finance Director 1200 Elm Avenue Carlsbad, CA 92008 David M. Griffith and Associates, Ltd. 5715 Marconi Avenue, Suite A Carmichael, CA 95608 IN WITNESS WHEREOF, we have hereunto set our hands and seals. Title ATTEST: 1 City Clerk