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HomeMy WebLinkAboutCity Council Agenda Item No 04REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIJ FROM: TOMAS P. EVANS INTERIM CITY MANAGEA DATE: MAY 812012 SUBJECT: PLANNING DIVISION PROFESSIONAL SERVICE CONTRACTS FOR 2012.,2013 FISCAL YEAR The Cit of Lake Elsinore has been utilizin contract personnel to assist with specialized plannin duties in the Communit Development Department for a number of y ears. Currentl contract planners mana projects that include, but are not limited to, annexations, zone chan specific and General Plan amendments, commercial/industrial desi review, subdivisions (tract/parcel maps), conditional use permits, minor desi reviews, and CEQA/MSHCP review. This next fiscal y ear (FY) the contract planners will also be responsible for annual reportin of the General Plan and 2008-2014 Housin Element. In addition, the contract planners will be work on the 2014-2021 Housin Element Update and Cit consistenc zonin which is necessar as a result of the newl adopted General Plan. I As established in the previous FY 2011-2012, the a for contract plannin staff coincide with the Cit bud c The contracts, if approved, would extend throu FY 2012-2013, and would be open for renewal in June 2013. The rate for each contract planner is $75.00 per hour, which is consistent with the market rate for contract services. The total amount billed b the consultants so far this FY is approximatel $285,000. Most of the billed amount was associated with CRS accounts and the General Plan Update. The followin contract staff members are included with this re • Carole Donahoe, Plannin Consultant • Kirt Cour Plannin Consultant • Richard MacHott, Plannin Consultant (The Altum Group) EATCT4 7L FDT' �v ........... 11 11156mi Pa 1 of 15 Professional Plannin Service Contracts Ma 8, 2012 Pa 2 The contract planners brin man y ears of experience workin within Southwest Riverside Count and, in the course of their work with the Cit the have also established professional relationships with the development communit Based on their experience and the current econom staff believes that retainin contract planners is a responsible approach to staffin for FY 2012-2013. Fiscal Im The proposed plannin consultant contracts will g enerate minimal fiscal impact to the Cit in that the will be approximatel ninet (90%) billable throu the developer deposit Cost Recover S (CRS) for development projects the work on. In those cases where the planners work on department initiated projects not related to CRS accounts, such as annual reportin of the General Plan and 2008-2014 Housin Element, the 2014-2021 Housin Element Update, Cit consistenc zonin etc., the funds will be re as part of the 2012-2013 FY bud It is recommended that the Cit Council authorize the Cit Mana to prepare and enter into contract with Carole Donahoe, Kirt Cour and Richard MacHott to provide specialized plannin services to the Cit of Lake Elsinore on an annual basis, subject to an minor modifications as approved b the Cit Attorne ATTACHMENTS 1. Draft Consultant Services Contracts. Pa 2 of 15 CONTRACT DATE OF JULY 12 2011 CONSULTANT SERVICES CONTRACT THIS AGREEMENT made and entered into on Ma 8, 2012_ b the Cit of Lake Elsinore, a municipal corporation, part of the first part, hereinafter referred to as CITY, and CONTRACTOR Kist A. Co FOR USE BY CITY MANAGER'S OFFICE ONLY FOR S.S/E.I.N. NO. Vendor # Amount $ FAcct. Purchase MAILING ADDRESS Purchase Order # A_111%111it,� e Obj. Code CITY, STATE, ZIP Cit Division ACCT. To Be PHONE NUMBER: Document P, er J eg 6, Date hone # - E x t. 81 the faithful performance b CONTRACTOR amount which includes travel and all other ch a Scope of Services (format pro d approved b the"WA. and Lm . for services rendered. TERMS AND CONDITIONS 1. INDEPENDENT CO OR - It is erstood that CONTRACTOR, in the performance of the work and services a to be performed, shall act as and be an independent contract all n t as an a or emplo of CITY. CONTRACTOR shall obtain no ri to retirement benefits or other benefits which accrue to CITY's empl NTRACTOR hereb expressl waives an claim it ma have to an such ri 2. HOLD HARMLESS - CONT O R shall be responsible for and hold the CITY harmless from all dama to propert injur to persons, and loss, expense, inconvenience, and dela that be caused b or result from an act, omission, or ne of CONTRACTOR. 3. NON-ASSIGNMENT - It is understood and a that CONTRACTOR shall not assi sublet, or transfer an interest in this a without written consent of CITY. 4. CERTIFICATION OF EMPLOYMENT STATUS - B si this a CONTRACTOR certifies that he/she is not an emplo of the Cit of Lake Elsinore. 5. APPLICABLE LAW - This a shall be g overned b and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In acceptin this a with the Cit of Lake Elsinore, CONTRACTOR a that books, records, documents, accountin procedures, practices, or an other items of the service provider relevant to the a are subject to examination b the Cit of Lake Elsinore. Page 3 of 15 CONTRACT DATE OF JULY 12 2011 TERMINATION - This a ma be terminated b CITY immediatel for cause or b either part without cause upon thirt (30) da 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 writin prepared b and for CONTRACTOR in the course of implementin this a except workin notepad internal documents, shall become the propert of CITY upon pa to CONTRACTOR for such work, and CITY shall have the sole ri to use such materials in its discretion without further compensation to CONTRACTOR or to an other part (Si follow on next page) CONTRACT DATE OF JULY 12 2011 13: 1 Iii1l"1111 1 0 & it )1 130 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 d of ) 20 CITY OF LAKE ELSINORE Cit Mana The Cit of Lake Elsinore, in comp the Rehabilitation Act of 1973, Sec California law and re do P/1 a veteran in an of its policies, p 2c Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of Americans With Disabilities Act and other Federal laws and re and national ori sex, a reli disabilit political affiliation, or status as 0 y ment and the provision of municipal services. a .l - 0 CONTRACT DATE OF JUNE 8 2011 *%""ONSULTANT SERVICES CONTRACT THIS AGREEMENT made and entered into on Mav 8, 2012 b the Cit of Lake Elsinore, a municipal corporation, part of the first part, hereinafter referred to as CITY, and CONTRACTOR Carole Donahoe FOR USE BY CITY MANAGER'S OFFICE ONLY FOR S.S/E.I.N. NO. Vendor # Amount $ FAcct. Purchase MAILING ADDRESS Purchase Order # AA, Obj. Code CITY, STATE, ZIP Cit Division ACCT. To Be PHONE NUMBER Document P i er Date. Ext. Dhone # Part of the second part, hereinafter referred to as CONTRACTOR. [he faithful performance b CONTRACTOR amount which includes travel and all other wo or two sentenc OV, e j2 r Ines 06 include "Dort- - r-t . ) Ort") whic itv Manaizer or Director of iects (which i _($75.00 per hot ch a Scope of Services vided fission. and Citv Council: Coordination wi consistency i Divisions Nerm TERMINATION - This a ma be terminated b CITY immediatel for cause or b either part without cause upon thirt ( 30 ) da 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 writin prepared b and for CONTRACTOR in the course of implementin this a except workin notepad internal documents, shall become the propert of CITY upon pa to CONTRACTOR for such work, and CITY shall have the sole ri to use such materials in its discretion without further compensation to CONTRACTOR or to an other part (Si follow on next pa Pa 8 of 15 CONTRACT DATE OF JUNE S, 2011 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 � t' " City Manager ere) �1►��i."_, `. a 11� - � .�� _. . The City of Lake Elsinore, in compliance with Title VI and Title VII of the Ci Rights A £ o%Mucation Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance A 197 r nerican lities Act and other Federal laws and regulations and California law and regulations, does not disc ' e basis of race, color, national on �.. g g ', age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, g '� includes but is not I to employment the provision of municipal services. Page 9 of 15 Page 10 of 15 Services: PLANNING SERVICES DE D BELOW WILL P�..VIDED BY RICHARD J. MACHOTT AT A RATE OF $75.00 PER HQWVND $0.555 PER MILE OR P G STANDARD MILEAGE REIMBURSEMENT RATE (FOR M�� INC, ON CITY BUSINESS) rr — WHICHEVER IS HIGHER. HOURS ARE PR O ED AS NECES � CARRY OUT PROJECT LOADS y . CONTINGENT UPON APPROVAL OF THE C OR T HE C TOR OF COMMUNITY DEVELOPMENT. SERVICES INCLUDE BUT ENT OF A VARIETY OF �,830 LAND USE PROJECTS MEE OWT PROJECIW'�,, TS, CITYWFF, PLANNING COMMISSION C° D IVISIONS AND OUTSIDE AGENCIES CEQ A AND AND CITY COUNCIL j, INATIO H ALL MSHCP REVIEW DO(�WWNTATION I S 'LL CASE FI L �y g RRESPONDENCE, EXHIBITS AND AIT DOCUMENT W ENT W1 PRE SENTATION OF TIMESHEET (FORMAT PROVIQ 'D A BY - ITY), AND INVOICE FOR SERVICES RENDERED. Cit an&I" s a W."t."'flows: r y a 1.01 Basic A' ent 4 W . ... lkl A. Consultafif�ll provi r cause to be provided, the services : is A and -k Consultant �� OPP'Services as set forth in Cit shall pa Para 9.01. 2.01 Pa Procedures A. Preparation of Invoices. Consultant will prepare a monthl invoice in accordance with Consultant's standard invoicin practices and submit the invoice to Cit B. Pa of Invoices. Invoices are due and pa within 30 da of receipt. If Cit fails to make an pa due Consultant for services and expenses within 60 da after receipt of Consultant's *invoice, the amounts due Consultant will be increased at the rate of 1.0% per month ( or the maximum rate of interest permitted b law, if less) from said sixtieth da In addition, Consultant ma without liabilit after g ivin g seven da written notice to Cit suspend services under this A until Consultant has been paid in full all amounts due for services, expenses, and other related char Pa will be credited first to interest and then to principal. 3.01 Additional Services A. If authorized in writin b the Cit Mana Consultant shall furnish services in addition to those set forth above. I of 5 Pa 11 of 15 EJCDC E-520 Short Form of A Between Owner and En for Professional Services Cop 0 2002 National Societ of Professional En for EJCDC. All ri reserved. B. as shall pa Consultant for such additional services as follows: For additional services of Consultant's emplo en directl on the Project an amount e to the cumulative hours char to the Project b each class of Consultant's emplo times standard hourl rates for each applicable billin class plus reimbursable expenses and Consultant's consultants" char if an 4.01 Termination A. The obli to provide further services under this A ma be terminated: 1. For cause, a. B either part upon 30 da written notice in the event of substantial failure b the other part to perform in accordance with the A terms throu no fault of the terminatin part b. B Consultant: 1 upon seven da writte11' bo' if Consultant believes that Consul is bein re b Cit to f perform services contrar to Consultaf ., responsibilities as, pro fession gg, or 2 seven da w, #*' notice �e Project U �', I � s 6fills,',, servi . if the C ow s se ice f a spendedgil' n are del Aha -1-M _5 M r 90 da for 9 ,V have no 3) ant ;:; MIX, liabilit o ty of such - - - - - - - - - - - - - - termination. Notwithstandm* fore this as a result of a ',� . . .... A gr will not term g r aph 4.0 I.A. La ilure uncle a M C v if the part in s', ice begins, within XWO notice, to correct seven da 01i'l"I"I its failure and ( dili g entl y to cure such failure within nonce than 30 da of receipt of notice provided, however, that if and to the extent such substantial failure cannot be reasonabl cured within such 30 da period, and if such part has dili attempted to cure the same and thereafter continues dili to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 da after the date of receipt of the notice. 2. o f convenience, b Cit effective upon the receipt of notice b Consultant. B . The terminatin part under para 4.0 1.A.1 or 4.0 1.A.2 ma set the effective date of termination at a time up to 3 0 da later than otherwise pr ovided to allow Consultant to demobilize personnel and rovi e from the Project site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of complete uncompleted tasks, and to assemble Projects in orderl files. C. " A � hh t -,r terminated in accordance with the prove re . b written amendment 0 pursuan tMtion 7.0 4110 s h is A shall expire June, 012. ontrollin Law A. This ement is to be g 6"'i'�*'i,!"'�.� , 'ft�",,'�('--��,,d b the law of _A, o b , in "'fl, the Project is located. 6.01 ors, Assi and Beneficiaries A. un nd Consultant each is hereb boun and �4e: partners l e s sors, essors : , "'. executors, administrators, and ,Kiggp,­,;% prese n t ,,,, Cit and Consultant (and to the r-p 31111 , ed a 6.013 the assi of Cit C _re hereb bound to the other part to this x Zi p `A- to the partners, successors, executors, administrators, and le representatives ( and said assi of such other part in respect of all covenants, ag reements, and obli of this A B. Neither Cit nor Consultant ma assi sublet, or transfer an ri under or interest (includin but without limitation, mone that are due or ma become due) in this A without the written consent of the other, except to the extent that an assi sublettin or transfer is mandated or restricted b law. Unless specificall stated to the contrar in an written consent to an assi no assi will release or dischar the assi from an dut or responsibilit under this A 7.01 General Considerations A. Consultant represents and warrants to Cit that it has and shall maintain at all times durin the term of this A the licenses, permits, q ualifications, insurance and approvals which are le re of Consultant to perform the services hereunder. Cit has relied upon the professional trainin and abilit of Consultant to perform the services hereunder as a material inducement to enter into this A The standard of care for all professional services performed or ftumished b Consultant under this A will be the care and skill ordinaril used b members of the subject profession 2 of 5 Pa 12 of 15 EJCDC E-520 Short Form of A Between Owner and En for Professional Services Cop 0 2002 National Societ of Professional En for EJCDC. All ri reserved. practicing under similar circumstances at the same time and in the same locality. B. Consultant shall not at any time supervise, direct, or have control over any contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for safety precautions and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. C. Consultant neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to fiirnish and perform its work in accordance with the contract between City and such contractor. D. Consultant shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any contractor's agents or employees or any other persons (except Consultant's own employees) t the Project site or otherwise furnishing or performir { } } . F � r ; construction work; or for an decision rn� interpretations or clarifications of the constit�n � x contract given by City without consultation and adviF r Consultant. E. The general condit. .. `{ k t nstruction w� contract documents ar re . `eunder a be the � p p V k . y "Standard General Co " s of the ' Y ° y truction 4 KM Contract as prepared b�;`� $ Engineers J Contract W% Documents Committee M R!', 2002'' h F. All F ments r furnished Consultant ' „ {'� f see ' and Consultant / rr retains ' FF ership and int''��cluding the Fyf' copy; d the right of n s ocuments, whether dot the Project is coed. A r plans studies, cF ants and other writi'r' F m reparednd for Consultant if Fcourse of implem g this Agreement ' t � shall become t� Fpey of the C upon payment to Consultant for su k, and the C��all have the sole JF tvx.'.+ "xY.''fr rt3 I �.r right to use such math in its F i on without f compensation to Coin t ?� i t any other party. Consultant shall, at Cons expense, provide such Fr reports, plans, studies, docu' 'nts and other writings to City upon written request. G. To the fullest extent permitted by law, City and Consultant (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Consultant's total liability to City under this Agreement shall be limited to $25,000 or the total amount of compensation received by Consultant, whichever is greater. H. The parties acknowledge that Consultant's scope of services does not include any services related to a Hazardous Envi.ron- nental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste, and radioactive materials). If Consultant or any other party encounters a Hazardous Environmental Condition, Consulta f y, at its option and without liability for conse� 'a or any other damages, suspend performance 9&,, ces on the portion of the Project affected the F �I City: (i) retains appropriate specialisttant� contractors to identify and, as approp iat :abate, reM or remove the Hazardous Envy cntal Condti ©n i) warrants that the Site is mpliance with appl N ft�haws and Regulations. , W,..e. I. City and Consultant e that in the erfdrmance ��he services undue; *is Agreement � ultant *'1 ,, � �J dependent contractor Ind shall not act a �� employee of the City. Consultant shall obta` ` is to retirement benefits or other benefits which to City's employees, and Consultant hereby expressly ° 'es any claim it may have to any such f {f Consult (including principals, associates and r ipt,x fesslo�oyees) covenants and represents that it O F does not nom have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any pther source of income, interest in real property or *vestment which would be affected in any manner or s�egree by the performance of Consultant's services hereunder. K. At Consultant's own cost and expense, Consultant has procured and shall maintain for the duration of this Agreement general liability, automobile liability, workers' compensation and professional liability insurance coverage as required by the City and as set forth in the attached certificate of insurance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. L. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 3 of 5 Page 13 of 15 EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright C0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 8.01 Total A A. This A (consistin of pa I to 5 inclusive to with an expressl incorporated appendix), constitutes the entire a between Cit and Consultant and supersedes all prior written or oral understandin This A ma onl be amended, C" FF lot",m A;f'1t A in lntmA rn^a nr nntAlo,4 1-%xt a Aiihi, o-.,,a niAoi4 writti 4 of 5 Pa 14 of 15 EJCDC E-520 Short Form of A Between Owner and En for Professional Services Cop (D 2002 National Societ of Professional En for EJCDC. All ri reserved. 9.01 Pa (O"imaimKiL Sum Basu) A. Usin the procedures set forth in para 2.0 1, Cit shall pa Consultant as follows: 1. A Lump Sum amount of $ 2. A Time and Materials amount of $ 75.00/hour incl. (Section Added) milea ursement rate (for milea milea for commutin 9.03 Contract Revisions (Section Added) A. All references to "Owner" and "En in standard Short of A have been "Consultant", respectivel IN WITNESS WHEREOF, the parties hereto have executed this pa 1. �{ �" CITY: 0 Title: Date Si , Address Itin notices: t { ; , r Cit Mana R hof Lake Elsinore if lfl ff 130 South Main Str Lake Elsinore, CA 92530 . . . . . . . . . . . . . . I ................. (951) 674-3124 Tel. (951) 674-2392 Fax 46 and the Effective Date of which is indicated on Dou Franklin, P.E. itle- Vice President 14, s i g ned: L icense or Certificate No. and State C61887 Address for g ivin g notices: 73-255 El Paseo Drive, Suite 15 Palm Desert, CA 92260 760.346.4750 Tel 760.340.0089 Fax 5 of 5 EJCDC E-520 Short Form of A Between Owner and En for Professional Services Pa 15 of 15 Cop 0 2002 National Societ of Professional En for EJCDC. All ri reserved.