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Home My WebLink About14-201 Approval Services Service Contract with Carole DonahueCITY OE inn LADE L LSIAOKE DREAM EXTREME. REPORT TO CITY COUNCIL TO: Honorable Mayor And Members of the City Council FROM: Grant Yates City Manager DATE: July 8, 2014 SUBJECT: Approval of Professional Service Contract with Carole Donahoe to Provide Specialized Planning Services for Fiscal Year 2014- 2015 Recommendation 1. Approve a Professional Services Contract with Carole Donahoe for the provision of specialized planning services to the City of Lake Elsinore during Fiscal Year 2014- 2015, subject to any minor modifications as approved by the City Attorney. 2. Authorize the City Manager to execute the Professional Services Contract with Carole Donahoe. Background The City of Lake Elsinore has been utilizing contract personnel to assist with specialized planning duties in the Community Development Department for a number of years. During past years, contract planners have managed a full range of projects that include, but are not limited to, annexations, zone changes, Specific Plans and Specific Plan Amendments, General Plan amendments, commercial /industrial design review, subdivisions (tentative tract/ parcel maps), conditional use permits, minor design reviews, and CEQA review. Next fiscal year (FY) the Planning Division will be working towards completion of the Consistency Zoning Project which was initiated following the City Council's approval of the City's General Plan in December 2011. Since approval of the General Plan, Carole Donahoe has taken the lead in completing the first three phases of the Consistency Zoning Project. During Fiscal Year 2014/15, Ms. Donahoe will continue managing the City -wide Consistency Zoning Project; with the intent of completing the remaining phases by the end of the fiscal year. She will also perform other planning duties, including project review, on an as needed basis. Professional Planning Service Contract July 8, 2014 Page 2 of 2 Discussion Agreements for contract Planning Staff generally coincide with the City's budget cycle. The subject Professional Service Contract, if approved, would cover Fiscal Year (FY) 2014/15. The City's established rate for contract planners is $75.00 per hour, which is consistent with the market rate for contract services. Ms. Donahoe brings many years of experience working with the City, during which time she has established professional relationships with the development community and City Staff. Based on her experience and her successful completion of the first three phases of the Consistency Zoning Project, staff believes that Ms. Donahoe has the specialized experience necessary to complete the Consistency Zoning Project and other planning duties that may be assigned during FY 2014/15. Fiscal Impact Any duties assigned to Ms. Donahoe that are billable through the developer deposit Cost Recovery System (CRS) for the development projects will have minimal fiscal impact to the City. However, most Ms. Donahoe's work during FY 2014/2015 will be on department- initiated projects, such as the Consistency Zoning Project, which are not related to Cost Recovery System (CRS) accounts. The cost of this department- initiated work has been included in the City Council approved budget for FY 2014 -2015 as an appropriation of $72,000 for a Housing & Advanced Planning Consultant. Prepared by: Richard J. MacHott Planning Manager Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager Attachment: 1. Draft Consultant Services Contract. CONTRACT DATE OF JULY 1, 2014 CONSULTANT SERVICES CONTRACT x�xxx, �x axx x:: aanK>. saF;: rar o-r xxaxaxa» axxx. xF,.,.x,:,.xKx,:,.,;K,: nrK,; x,:. r, .K.Kx.Kx,:K. :.KK,.,.a,:xxxr,.aa FFa FFxFa,.xxx. Fn nxn THIS AGREEMENT made and entered into on June 25, 2014 by the City of Lake Elsinore, a municipal corporation, pal ty of the first part, hereinafter referred to as CITY, and CONTRACTOR Carole Donahoe S.S /E,1.N. MAILING ADDRES CITY, STATE, ZIP PHONE NUMB Party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: From .tiny 1. 2014 to June 30. 2015 FOR USE BY CITY MANAGER'S OFFICE ONLY Vendor # Amount $ Acct. Purchase Order # Obj. Code City Division ACCT. To Be Chad. Document Preparer Ext. or Telephone # A. CITY desires to retain CONTRACTOR to perform professional services in connection with land use planning and environmental projects, documentation and processing and CONTRACTOR desires to provide such professional services and related work as set forth in this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. AGREEMENT In consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the CITY and CONTRACTOR agrees as follows: 1. SCOPE OF SERVICES — CONTRACTOR services shall include but not be limited to: Management of a variety of land use projects; meetings with project applicant(s), City Staff, Planning Commission, and City Council; Coordination with all City Divisions, outside agencies, CEQA and MSHCP review; documentation of all case file correspondence exhibits and documents. CONTRACTOR shall determine the hours to be provided as necessary to carry out project loads, subject to approval of the City Manager m Director of Community Development. 2. COMPENSATION — CITY shall pay CONTRACTOR the following amount which includes travel and all other related expenses: $75.00 per hour and $0.56 (per Internal Revenue Service Guidelines) per mile or the prevailing standard mileage reimbursement rate (for mileage incurred on City business — does not include "port -to- port ") whichever is higher. Payment processing will begin upon presentation of an invoice (format approved by the City) detailing the services rendered. 3. QUALIFICATIONS - CONTRACTOR represents and warrants to City that he /she has and shall maintain Wall times during the term of this Agreement the licenses, permits, qualifications, insurance and approvals which are legally required of CONTRACTOR to perform the services hereunder. CITY has relied upon the professional training and ability of CONTRACTOR to perform the services hereunder as a material inducement to enter into this Agreement. "The standard of care for all professional services performed or furnished by CONTRACTOR under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. 4. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be all 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. By signing this Agreement, CONTRACTOR certifies that he /she is not an employee of the City of Lake Elsinore. 5. 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. CONTRACT DATE OF JULY 1, 2014 6. NON - ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or hansfei any interest in this Agreement without written consent of CITY. 7. APPLICABLE LAW - This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. AUDIT CLAUSE - 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. 9. 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. 10. 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. 11. ENTIRE AGREEMENT - This Agreement constitutes the complete and exclusive statement of Agreement between the CITY and CONTRACTOR, All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12. AMENDMENTS - 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. 13. SEVERABILITY - If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competentjui isdiction, the remaining provisions of this Agreement shall continue in full force and effect. izB:eR & &d+: &tick &KK *fkkxa;�Xx', x'. �e, k% k *%h$$%Fk%ki #k$i".N:k #�i$ *:4 aFA: YaF $$BTMfFM#4Y%f%kfi #kk #kk%k%k aF kr4 fiK& r."NFiYYaki #fi$3�kiXiir *x'. RxfrK'. $K. RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: DIRECTOR OF COMMUNITY DEVELOPMENT IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE City Manager CONTRACTOR Carole K. Donahoe, AICP xae%}hx', Mx M�.KB� &3v RYx3 "r,'x; *,k :4xz Xy�Ye ae$x', ,,'e,e, a�x', kie �k +K�kzkzr`3Y$3" Yid "r>'.M>'.'�K%k��M£%kk$�kXRx Rak$Xkak $'l, x, $y je$}je 5e, µkx'. 3k Y%'F#KKMiBK¢M�rK NON - DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with 'I file VI and Tale VII of the Civil Rights Act of 1964, "Lille IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 ofthe Readjustment Assistance Act o f f 974, Americans With Disabilities Act acrd other Federal laws and regtdalions and California law and regulations, does riot discriminate on the basis of race, color, ethnicity, national origin, sex, age. religion, disability, political affiliation, or status as it veteran in any of its policies, practices, or procedures_ This includes but is not limited to employment and the provision of municipal services_