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HomeMy WebLinkAboutCC Item No. 04CITY OF LADE7LSIIYO DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 12, 2011 SUBJECT: PLANNING DIVISION PROFESSIONAL SERVICE CONTRACTS FOR 2011-2012 FISCAL YEAR Background The City of Lake Elsinore has been utilizing contract personnel to assist in the performance and provision of specialized planning duties in the Community Development Department for over ten (10) years. Currently, contract planning staff manage projects that include, but are not limited to:, annexations, zone changes, specific and General Plan amendments, commercial/industrial design review, large subdivisions, conditional use permits, minor design reviews, CEQA/MSHCP review, and the General Plan update. Discussion As established in the previous Fiscal Year (FY) 2010-2011, the agreements for contract planning staff commence, expire, and coincide with the City's budget cycle. The contracts, if approved, would extend through FY 2011-2012, and would be open for renewal in June 2012. All of the existing contracts will remain at the same rate as the previous year (FY 2010- 2011). This is the third (3rd) consecutive year where all planning consultant contract rates have remained the same. The current rate for each contract planner is $67.50 per hour, which is consistent with the market rate for contract services. The following contract staff members are included with this request: • Carole Donahoe, Planning Consultant • Kirt Coury, Planning Consultant AGENDA ITEM NO. 4 Page 1 of 8 Professional Planning Service Contracts July 12, 2011 Page 2 The aforementioned contract staff brings many years of experience working within Southwest Riverside County and, in the course of their work with the City, they have also established professional relationships with the development community. Staffinq and Levels of Service A conservative approach to staffing levels has been maintained in the Planning Division while sustaining acceptable service levels to the residential, business, and development community. On average, the Planning Division receives approximately 150-200 requests for service every week. This number includes telephone inquiries, public counter assistance, e-mails, and contact with developers/architects/property owners regarding pending or proposed projects. As every year, staff has made it a priority to increase customer service levels and handle every phone call and public counter inquiry in a timely manner. Retaining the contract planner staff allows other Planning Division staff to maintain this high level of service. Varying service demands have to be properly managed in order to sustain an acceptable level in processing project applications. Based on the current economic downturn and future projections, staff believes that retaining contract planners is a responsible approach to staffing for FY 2011-2012. Fiscal Imoact The proposed planning consultant contracts will generate minimal fiscal impact to the City in that they will be approximately ninety-percent (90%) billable through the developer deposit Cost Recovery System (CRS). Contract staff does not maintain assigned public counter and telephone duties, which are non-billable and maintained by non-contract City planning staff. Recommendation It is recommended that the City Council authorize the City Manager to prepare and enter into contracts with the above contract staff to provide specialized planning services on an annual basis. Prepared by: Warren Morelion, AICP Planning Manager \P\ Approved by: Robert A. Brady City Manager ATTACHMENTS 1. Draft Consultant Services Contracts. Page 2 of 8 CONTRACT DATE OF JULY 12, 2011 CONSULTANT SERVICES CONTRACT xxxxxxxxx.ar~xx~~xaaxxxx;<aaa+aaxxxxxxK~~x~~~,~~~xxxxatxxxx.~~~~~:~~axx~txxxxxaxx>k~xxxxxx~txxxxx:~~:~~~a~~,t~xtrxxxx THIS AGREEMENT made and entered into on July 12, 2011 by the City of Lake Elsinore, a municipal corporation, party of the first part, hereinafter referred to as CITY, and CONTRACTOR Carole Donahoe S.S/E.I.N. FOR USE BY CITY MANAGER'S OFFICE ONLY MAILING ADDRESS CITY, STATE, ZIP PHONE NUMBER Amount Obj. Code Party of the second part, hereinafter referred to as CONTRACTOR. WITNESSETH: That in consideration of the covenants and agreements herein expres: of all covenants and agreements, the CITY agrees to pa CONTRACTOR the related expenses; Task Statement: (Please describe the responsibilities of the description as Exhibit "A".) two a Scope of Services TERMS AND CONDITIONS 1. INDEPENDENT CONTRAC 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 I 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 emplo s, 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. faithful performance by CONTRACTOR ount which includes travel and all other 5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California. Page 3 of 8 CONTRACT DATE OF JULY 12, 2011 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 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 rk, 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) Page 4 of 8 CONTRACT DATE OF JULY 12, 2011 •****.**~~s~*r*******a«x.«x•.«r.*r*+***«~.xs**r:*~.*+**~■~...+a*****a.~~.x*.:r*.•*«.**..«~*r.*~.*+*+~~+~+r.** RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: ACTING DIRECTOR OF COMMUNITY DEVELOPMENT IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of 20 CITY OF LAKE ELSINORE City Manager The City of Lake Elsinore, in compliance with Title VI and Title VII of the Ci the Rehabilitation Act of 1973, Section 402 of th d ustment Assistance Ac, California law and regulations, does not s i basis of race, color, a veteran in any di of its policies, practices, r ce includes but is not Xf a Education Amendments of 1972, Section 504 of mericans ilities Act and other Federal laws and regulations and y, national origi age, religion, disability, political affiliation, or status as to employment d the provision of municipal services. Page 5 of 8 CONTRACT DATE OF JULY 12, 2011 CONSULTANT SERVICES CONTRACT ~x:~, ~~xxx:::,~,~xxxxxxx~x~x:~ ~,~,~,~+xxxxxxx~x.::~„~,~~«~xxxx~~~~~,~,•,• xxxx~+xx~~~,~,~xxxxxxxxxxxxx~:~~~«~,~,~„~~~xxxKK~a THIS AGREEMENT made and entered into on July 12.201 I by the City of Lake Elsinore, a municipal corporation, party of the first part, hereinafter referred to as CITY, and CONTRACTOR Kirt A. Courv S. S/E.I.N. MAILING ADDRESS CITY, STATE, ZIP. PHONE NUMBER: Party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: WITNESSETH: FOR USE BY CITY MANAGER'S OFFICE ONLY Vendor # Amount Purchase Order # Obj. City Division ACCT. To Be Document PTA Ext. That in consideration of the covenants and agreements herein expres< of all covenants and agreements, the CITY agrees to pay CONTRACTOR the related expenses; Task Statement: (Please describe the responsibilities description as Exhibit "A".) the faithful performance by CONTRACTOR amount which includes travel and all other or two a Scope of Services TERMS AND CONDITIONS L INDEPENDENT CO OR - It is erstood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contrac all n t as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's emp NTRACTOR hereby expressly waives any claim it may have to any such rights... 2. HOLD HARMLESS - CONT OR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that 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. Page 6 of 8 CONTRACT DATE OF JULY 12, 2011 7. TERMINATION - This agreement may be terminated by CITY immediately for 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) Page 7 of 8 CONTRACT DATE OF JULY 12, 2011 ****~*******»**a*~~*~a~~~~rr**~*****r**a•x**a****r~~~rr*r~~a***+~»*«*+++xxxw*r+***+rre*********.*~~**a.~~.+ RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: ACTING DIRECTOR OF COMMUNITY DEVELOPMENT IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of .20 CITY OF LAKE ELSINORE City Manager The City of Lake Elsinore, in c the Rehabilitation Act of 1973, California law and regulations, a veteran in any of its policies, ct of 1964, Title IX of the Education Amendments of 1972, Section 504 of Americans With Disabilities Act and other Federal laws and regulations and national origin, sex, age, religion, disability, political affiliation, or status as oyment and the provision of municipal services. Page 8 of 8