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12-13-2011 CC Rpt A09 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY RECEIVED �3 Meeting Date: December 13, 2011 2011 DEC —6 API 8: 08 est{�tSv`ytmlwn Public Hearing: 0 C.FFICL Lt' CITY CLERK Discussion (tern: CHINO HILLS Consent Item December 6, 2011 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: CONSULTING SERVICES AGREEMENT— KATHLEEN BLOMO RECOMMENDATION: Approve a Consulting Services Agreement with Kathleen Blomo, in an amount not to exceed $50,000. BACKGROUND/ANALYSIS: John Mura, the City's Public Works Director, recently notified the City that he has accepted the position of General Manager of the East Valley Water District and would be resigning from City employment on January 6, 2012. The City has initiated a recruitment to fill this position; however, it is anticipated that the position will be vacant 3 to 4 months during the process. Kathleen Blomo has agreed to serve as interim Public Works Director to provide management oversight of the department during the recruitment period. Ms. Blomo has a strong working knowledge of our management and operations having served intermittently as a City consultant for over 10 years, including a year and a half as Community Services Director. Additionally, Ms. Blomo has impressive municipal experience with the City of Chino having served in several executive positions including Assistant City Manager and Director of Redevelopment. FISCAL IMPACT: No additional appropriation will be necessary in that the consulting services will be funded by salary savings from the vacant Public Works Director position. Respectfully submitted, Recommended by: Michtael✓S. Fleag City Manager Kdthy Gotch, Assistant City Manager A9 CITY OF CHINO HILLS CONSULTING SERVICES AGREEMENT This Agreement is made and entered into as of December 13, 2011, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and KATHLEEN A. BLOMO, hereinafter referred to as "Consultant". In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: SECTION 1. RECITALS. This Agreement is made and entered into with respect to the following facts: a. That the City is desirous of obtaining the services of a qualified consultant to manage the Public Works Department; and b. That the City Council has determined that the public interest, convenience and necessity require execution of this Agreement. SECTION 2. SERVICES. Consultant shall perform tasks as specified in Exhibit "A" attached hereto and incorporated herein as directed by the City Manager or his/her designee. SECTION 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his/her ability, experience, and talent perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of Consultant hereunder in meeting his/her obligations under this Agreement. SECTION 4. EXTRA SERVICES. No extra services shall be rendered by Consultant under this Agreement unless such extra services first shall have been duly authorized in writing by the City. SECTION 5. CITY SUPERVISION. The City Manager, or his/her designee, shall have the right of general supervision of all work performed by Consultant and shall be the City's agent with respect to obtaining Consultant's compliance hereunder. No payment for any services rendered under this Agreement shall be made without the prior approval of the City Manager or his/her designee. SECTION 6. PAYMENT. The City agrees to pay Consultant at the hourly rate of$100.00 per hour for a total not-to-exceed amount of$50,000. SECTION 7. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT. Either the City or the Consultant may, with or without cause, at any time, suspend, terminate, or abandon this Agreement, or any portion hereof, by service upon the other party at least thirty (30) days prior written notice. Upon 1 1 -2 receipt or delivery of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Upon receipt or delivery of such notice, the Consultant shall immediately prepare and serve upon the City an invoice covering all completed work. Within thirty-five (35) days, the City shall approve such invoice and the amount of compensation, or the City shall provide the Consultant with a written statement objecting to the invoice. For incomplete tasks in progress as of the date of the giving of notice or termination by the City or Consultant, Consultant shall be compensated for actual costs that were performed as of the effective date of such notice. The City may immediately suspend, terminate or abandon this Agreement, or any portion hereof, without any prior notice to Consultant, for cause, by immediately serving Consultant with written or oral notice. If the City suspends, terminates or abandons this Agreement, or any portion hereof, for cause, the Consultant will be compensated only for work performed as of the date of receipt of such written or oral notice. If the City suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. SECTION 8. TERM. This Agreement shall commence on December 13, 2011 and shall remain and continue in effect until a permanent Public Works Director is selected and begins employment or June 30, 2012, whichever comes first. This Agreement will terminate on June 30, 2012, unless otherwise extended in advance and in writing by the City Manager. SECTION 9. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all original documents, designs, drawings, notes, reports, documents, floppy disks, diskettes or other materials prepared, developed or discovered by Consultant during the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to the City all original documents, designs, drawings, notes, reports, documents, floppy disks, diskettes or other materials prepared, developed or discovered by Consultant during the course of providing the services to be performed pursuant to this Agreement. SECTION 10. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the agents except as expressly set forth in this Agreement. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City 2 1 -3 shall not be liable for compensation of or indemnification to Consultant for injury or sickness arising out of performing services hereunder. SECTION 11. NOTICE. Whenever it shall be necessary for either party to serve written notice on the other regarding this Agreement, such notice shall be served personally or by certified mail, postage prepaid, return receipt requested, unless and until different addresses may be furnished in writing by either party to the other, addressed to: City Consultant City Clerk, City of Chino Hills Kathleen A. Blomo 14000 City Center Drive /6 3 c e Chino Hills, California, 91709 �r�cu�Lz t� 9//e e, Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the Untied States Postal Service or upon receipt. This shall be valid and sufficient service of notice for all purposes. SECTION 12. CONFLICTS OF INTEREST. Consultant covenants that neither he/she nor any officer or principal of his/her firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager or his/her designee. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no services to or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or firm(s) and/or City Manager or his/her designee. SECTION 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Consultant. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding. SECTION 14. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. 3 1-4 SECTION 15. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. SECTION 16. LICENSED STATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect all licenses required by law. SECTION 17. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino. SECTION 18. INSURANCE. Consultant will be required to provide proof of automobile liability insurance. SECTION 19. INDEMNIFICATION. The City shall indemnity, defend, and hold Consultant harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state or municipal law of ordinance, or other cause in connection with the acts or omissions of Consultant, her employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the sole negligence or willful misconduct of the Consultant. It is understood that the duty of the City to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. DATED this date as first executed above. CITY OF CHINO HILLS KATHLEEN A. BLOMO c(44-71/ �r ED GRAHAM, MAYOR KAThtIIEN A. BLOMO ATTEST: MARY M. MC DUFFEE, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 4 1-5 CONSULTING SERVICES AGREEMENT Interim Public Works Director SCOPE OF SERVICES 1. Serve as Interim Public Works Director. Manage and direct the programs, operations, and staff of the Public Works Department. 2. Provide high-level assistance to the City Manager in regards to public works issues. Provide support to other City departments as necessary. 3. Attend City Council meetings and other meetings as necessary. 4. Oversee the administration of the approved departmental budget for the Public Works Department. 5. Oversee the administration of Public Works Department contracts and agreements. 5 1 -6