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HomeMy WebLinkAbout2010 CON RJA Management Services - Fire Services• CITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT This Short Form Services Agreement ("Agreement") dated this 4th day of March, 2010, is made by and between the CITY OF NATIONAL CITY, a municipal corporation, (hereinafter "CITY"), and RJA Management Services, Inc. (CONSULTANT). NOW, THEREFORE, CITY agrees to engage CONSULTANT to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONSULTANT shall provide professional consulting services as outlined in the attached Exhibit A. 2. Length of Agreement. The schedule is set forth below: a) Work to be started upon execution of contract; and, b) Work to be completed within 60 days of start date. 3. Compensation. The total compensation to CONSULTANT for providing the services set forth herein shall not exceed a one time cost of S7,000, payable upon presentation of the final work product. The compensation for CONSULTANT'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from the City Manager. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONSULTANT. 5. Termination. CITY may terminate this Agreement at any time by providing one (1) day written notice to CONSULTANT. 6. Independent Contractor. It is agreed that CONSULTANT is an independent contractor, and all persons working for or under the direction of CONSULTANT are CONSULTANT'S agents, servants and employees, and said persons shall not be deemed agents, servants or employees of CITY. 7. Insurance. CONSULTANT shall obtain: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to Revised February 2009 • any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years aftcr expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: City Attorney's Office 1243 National City Blvd National City, CA 91950-4301 8. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 9. Business License. CONSULTANT must possess or shall obtain business license from National City Finance Department before beginning work. 10. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. Revised February 2009 2 F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONSULTANT shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONSULTANT. CONSULTANT Company Name: RJA Management Services, Inc. Contact Name: Dr. Richard Garcia Address: 550 W. Duarte Road, Suite 6, Arcadia, CA 91007 Phone: (626) 447-3318 Fax: (626) 447-1124 Email: rgarcia@rjamanagement.com Taxpayer I.D. #: 95-4043275 Please check applicable box, and note the number of signatures required: _X_ Corporation (two signatures of corporate officers) Partnership (one signature) Sole Proprietorship (one signature) Signature; lae Print Name: Richard L. Garcia Title: President Title: Vice President Revised February 2009 3 K CITY City of National City 1243 National City Blvd. National City, Ca. 91950 Ph: (619)336-4570 Fx: (619)336-4597 czapata cr,nationalcityca.gov APPROVED AS TO FORM: George H Eis III CITY AT NEY Chris Zapata City Manager Date: 5/251/ o Revised February 2009 4 EXHIBIT A RJA RJA Management Services, Inc. 550 W. Duarte Rd., Ste. #6 Arcadia, CA 91007 January 11,2010 Mr. Chris Zapata City Manager City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Zapata, RJA Management Services, Inc. would like to express interest in providing professional consulting services to the City of National City. The scope of our service will be to research the feasibility of adopting a regional approach to providing fire services to the City of National City. The scope of services will entail four tasks: 1. Identify and contact California cities of comparable size to the City of National City and with similar urban characteristics that have considered and/or adopted regional fire services. We will attempt to gather information about factors taken into consideration in their final decision such as potential and/or actual cost savings, implementation challenges, administrative efficiencies, employee productivity, legal concerns, labor issues, and citizen support and customer satisfaction. 2. Conduct an internet search on the regionalization of the fire service in California. 3. Analyze and summarize information gathered from cities and the interne search. 4. Develop and present a conceptual paper on the regionalization of firc service based on research findings. Our fee for these professional consulting services is $7,000.00. The fee includes $150 an hour for consultant services plus expenses. The City will be billed upon presentation of the conceptual paper- R.IA can begin the engagement upon approval and receipt of a contract. RJA is prepared to present our conceptual paper within 60 days of commencing the engagement. Thank you for giving RJA the opportunity to submit a proposal for professional consulting services. Please feel free to call me at 626-447-3318 if you have any questions or need additional information. Sincerely, Dr. Richard L. Garcia President RLG:JG:pc OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax RJA MANAGEMENT SERVICES, INC. Consulting Services Research on the Feasibility of Adopting a Regional Approach to Providing Fire Services Lavonne Watts (City Manager) Forwarded Copy of Agreement to Consultant