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HomeMy WebLinkAboutReso. 1987 - 136 - Ordering the vacation and abandonment of 54.31 feet of surplus st right of way • • RESOLUTION NO. $ 7!36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES TO THE CITY OF REDDING BY DAVID M. GRIFFITH AND ASSOCIATES, LTD. , AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY DOCUMENTATION. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the attached Agreement to Provide Professional Consulting Services to the City of Redding between the City of Redding and David M. Griffith and Associates, Ltd. , not to exceed $49 , 000. 00 , for the development of a complete user fee study/cost allocation plan analysis for the City of Redding. 2. That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documentation on behalf of the City of Redding in connection therewith, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid documents, when appropriate. 3. That a true copy of said Agreement is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 5th day of May , 1987, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannessen, & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None y ' 91 MIKE DAHL, Mayor City of Redding ATTEST: , FORM .'PROVED: ETHEL A. NICHOLS, City Clerk RA4ALL A. HAYS, C: ty Attorney N 411 • UF/CITY 9/85 AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES TO THE CITY OF REDDING, CALIFORNIA THIS AGREEMENT, entered into this day of 198 . , effective immediately by and between David M. Griffith and Associates, Ltd. (hereinafter called "Consultant") and the 'City of Redding (hereinafter called "City") , WITNESSETH THAT, , WHEREAS, the City provides services and programs to outside entities, including the public, for which it charges user fees, • WHEREAS, the City provides support services paid from the City's general fund to enterprises operated from restricted funds for which the City's general fund may be reimbursed when service costs are appropriately documented, WHEREAS, the City desires to engage the Consultant to develop the full costs of services for which fees can be charged. NOW, THEREFORE, the parties hereto mutually agree as -follows: (1) Employment of Consultant. The City agrees to engage the Consultant and the Consultant hereby agrees to perform the following services. (2) Scope of Services. The Consultant shall do, perform, and carry out in •a good and professional manner the following services: A. Development of central service cost allocation plans using the Consultant's proprietary cost allocation system. The first plan shall •he used to establish changes to enterprise and non-general fund departments for administrative support services; this plan shall be known as the Full Cost Plan. A second plan shall be developed for charging federal and state grants; this plan shall be known as the OMB A-87 Plan. B. Calculation of the full costs of services offered by the City for which fees can reasonably be levied. The Consultant will analyze service costs at the lowest practical level but will in most cases not attempt to cost individual services within current fee schedules nor cost individual services of enterprise funds. 1 • • C. Calculation of revenues resulting from current fees and matching these revenues with costs calculated in (2) B. D. 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.. E. Presentation: of the study findings to staff, management, and the City Council. (3) Time of Performance. 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 purposes of the agreement. All services required hereunder shall be completed by June 30, 1988. (4) Compensation. The City agrees to pay the Consultant . a sum not to exceed forty-nine thousand dollars ($49, 000) for all services required herein, which shall include reimbursement for expenses incurred. Consultant 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-five percent (25%) of the agreed upon fee upon submission of the central service cost allocation plan described in (2) A. The Consultant shall receive an additional fifty percent (50%) of the agreed upon fee upon submissionof the draft report described in (2) D. The Consultant shall receive an additional fifteen percent (15%) upon finalization of the report described in (2) 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. The City may, from time totime, 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). Services and Materials to be Furnished by the City. 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. 2 • • • (8) Termination of Actreement for Cause. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligation under this agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination and specifying the effective data thereof, at least five (5). days before the effective date of such termination. (9) 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. (10) 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 therefrom, and to -inspect all program data, documents, proceedings, and activities. (11) Accomplishment of' Project. The Consultant shall commence, carry on, and complete the project with all practicable dispatch, in a sound, economical, and efficient manner in accordance with the provisions thereof and all applicable laws. (12) 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. (13) 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 of this contract. (14) Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein. by specific reference contain all the terms 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. 3 • • • .. • ( 15) City Not Obligated to Third Parties. The City shall not be obligated or liable hereunder to any party other than the Consultant. ( 16) When Rights and Remedies Not .Waived. In no event shall the making by the. City Of any payment to the Consultant consti- ' tute 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. - (17) Personnel. The Consultant represents that he has, or will secure at his own expense, all personnel required 'in per.- forming the services under this' . agreement. All of the services required hereunder will be performed by the Consul tant or under his supervision, and all personnel engaged in the work shall be qualified to perform such services. ( 18) 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 completer Any subsequent disallowance of funds paid to the City for any reason under the plan is the sole responsi bility of the City. Consultant will, however, provide assistance to the City should an audit be undertaken of indirect costs. ( 19) Notices. Any notices, bills,, invoices, , or reports required by this agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Redding 760 Parkview Avenue Redding, CA 96.001-3396 David M. Griffith and Associates, Ltd. 5715 Marconi Avenue, Suite A • Carmichael, CA 95608 ( 20) Liability Insurance. The Consultant shall furnish the City a policy or certificate of liability insurance in which the City, its officers, agents, and employees are named insured or are named as additional insured with the Consultant. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the City shall be the insured or named as an additional insured covering the work, whether liability ' is attributable to the Consul- tant or the City. 4 III• • The Consultant may file insurance acceptable to the City covering more than one project. The coverage shall provide the following minimum limits. Bodily Injury . . $300;000 each person $500 , 000 each occurrence $500,000 aggregate products and completed operations Property Damage . $250, 000. . $250, 000 each occurrence : $500,000 aggregate A combined single-limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. The Consultant shall save, keep, and hold harmless the City, ,its officers, agents, and employees from any and all damag- _ es, costs, or expenses in. law or equity that may at any time arise or be set up because of damages to property, or of - personal injury received by reason of or in the course of performing work,- which may be caused by .- any willful or negligent act or. omission by the Consultant, any of the -Consultant' s employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work prior to its completion and acceptance. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is 'provided that, in the event of expiration or proposed cancellation .of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 10 days before expiration or cancellation is effective. ' The .cost of this insurance shall be included in the Consul- tant' s bid. - - ( 21) Worker' s Compensation Insurance. -Before payments are issued to the Consultant by the City, the Consultant shall file • with the City Clerk' s office the following signed certifica- tion: "I am aware of the provisions. of Section 3700.-of the Labor Code Which require every employer to be insured against liability for worker' s compensation or -to undertake self-insurance_ in accordance with theprovisions of that code, and I will comply with such provisions before commenc-- ing the performance of the work of this contract. " :: • The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete - 5 • Worker' s Compensation Insurance, and shall furnish a Certif- icate of Insurance to the City Clerk before execution of the contract. The- City, its officers, agents or employees, will not be responsible for any claims in law or equity occa- sioned by failure of the Consultant to comply with this paragraph. All Worker' s Compensation Insurance policies shall bear an endorsement or - shall have attached a rider whereby it is provided that, in the event or expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail not less than 10 days before expiration or cancellation is effective. • • 6 410 . IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first written above. By: (Official) ATTEST: David M. Griffith and Associates, Ltd. By: - -'� ous E. Chappu' Vice President