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Home My WebLink About2009-07-14 City Council Item No. 6 CITY OF LA E a LSINOR�E DREAM EXTREME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 14, 2009 SUBJECT: PROFESSIONAL ENGINEERING SERVICES CONTRACT REVISION — DAVE SOLOMON Background Mr. Solomon has been involved in processing projects and implementing the Capital Improvement Program for the City of Lake Elsinore since 2004. He brings over 20- years of Engineering experience to this position, most of which was in the public sector. Over the past five years, Mr. Solomon has provided project management services for the City's Capital Improvement Program and consistently delivers projects within the project schedule and within the approved budget. Mr. Solomon also provides valuable grant writing services and continues his high success rate yielding over one hundred and twelve thousand dollars for the 2009 SB -821 Sidewalk Grant. Discussion At the regularly scheduled meeting on June 23, 2009, the City Council approved a professional engineering contract with Mr. Solomon. The contract which was approved was designed for Professional Contract Service and the Contract presented for consideration is for Contract Staff. The basic difference is the nature of the work; Although Mr. Solomon is a registered engineer, his capacity is not to perform engineering design tasks, rather, it is for him to use his engineering background to aid him in managing capital improvement projects. Fiscal Impact No direct fiscal impact to the City's General Fund will result from this contract. Projects to which Mr. Solomon will be assigned are budgeted through the Capital Improvement Program projects themselves under "Administration ". Mr. Solomon has agreed to reduce his fee by 5% in accordance with the other adjustments the City is making. CC July 14, 2009 Item No. 6 Page 1 of 5 Consultant Contract, Dave Solomon July 14, 2009 Page 2 Recommendation Authorize the City Manager to enter into contract with David Solomon to provide on -call project management and engineering services on an as needed basis. Prepared by: Ken A. Seumalo O Director of Public Works Approved by: Robert A. Brady City Manager '1 Attached: Personal Service Contract: Dave Solomon CC July 14, 2009 Item No. 6 Page 2 of 5 CITY OF LAKE ELSINORE PERSONAL SERVICES CONTRACT **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** THIS AGREEMENT made and entered into on June 24, 2008 by the City of Lake Elsinore, a municipal corporation, party of the first part, hereinafter referred to as CITY, and CONTRACTOR David Solomon FOR USE BY THE ADMINISTRATIVE SERVICES DEPT. S.S /E.I.N. NO. Vendor # MAILING ADDRESS Purchase Order # CITY, STATE, ZIP Public Works Department, Engineering Division PHONE NUMBER (XXX) XXX -XXXX Document Preparer: Ken Seumalo, Director of Public Works Date 07/14/09 Ext. or Telephone # 951/674 -3124 x244 party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: From: July 14, 2009 — TO: June 30, 2010. WITNESSETH: That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other related expenses; A rate of $67.69 per hour. Based on providing up to 40 hours per week. Additional hours may be available contingent upon approval of the Director of Public Works. Payment processing will begin upon presentation of a time sheet (format as provided and approved by City), and invoice for services rendered. Task Statement: (Please see attached Scope of Services description as Exhibit "A ") EXHIBIT "A" ATTACHED TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights.. 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 3. NON - ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he /she is not an employee of the City of Lake Elsinore. 5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore. 7. TERMINATION - This agreement may be terminated by CITY immediately for any cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. 8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party. (Signatures follow on next page) CC July 14, 2009 Item No. 6 Page 3 of 5 **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: CITY MANAGER IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of , 20 CITY OF LAKE ELSINORE CONTRACTOR City Manager Contractor Director of Public Works **************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** NON - DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. CC July 14, 2009 Item No. 6 Page 4 of 5 Exhibit "A" CITY OF LAKE ELSINORE COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION Scope of Services — Engineering Consultant Consultant agrees to provide project management and related consulting services for the City of Lake Elsinore Public Works Department as directed by the Director of Public Works and /or City Engineer as set forth below. It is understood based on the representations made by the Consultant that he /she is specially trained, experienced, and competent to perform the special services which will be required by this scope of services. In addition, it is understood that the consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services and the terms and conditions described herein: 1. Review and process Engineering design for streets, storm drains or public works projects as assigned by the Director of Community Development and /or City Engineer. 2. Prepare or cause to be prepared by processing, managing, and monitoring the preparation of any County State or Federal documents related to project development or processing. 3. Prepare interoffice memoranda, prepare routine staff reports and recommendations to the Director of Public Works and /or City Engineer. 4. Respond to inquiries, both orally and in writing, interpret Engineering policies, state laws, and local ordinances, explain division and department procedures. 5. Perform field inspections, and attend meetings or other public functions as an ex- officio member of City Staff. 6. Consultant shall provide his /her own automobile and pager /cell phone. 7. If determined necessary, provide assistance at the public counter. CC July 14, 2009 Item No. 6 Page 5 of 5