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HomeMy WebLinkAboutItem No. 15 CS Contrct Carole K. Donahoe Special Plan Svs FY 2017-18Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-230 Agenda Date: 6/13/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 15) Page 1 City of Lake Elsinore Printed on 6/8/2017 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Richard J. MacHott, Planning Manager Date:June 13, 2017 Subject:Approval of Consultant Service Contract with Carole K. Donahoe to Provide Specialized Planning Services for Fiscal Year 2017-2018 Recommendation Authorize the City Manager to execute the agreement in the amount not to exceed $50,000 in such a final form as approved by the City Attorney. 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 Fiscal Year (FY) the Planning Division will be working towards completion of the multiple Advanced Planning Projects including updates of the City’s General Plan and the Downtown Master Plan, and Dream Extreme Vision 2040. Ms. Donahoe will assist in the completion of these tasks. She will also perform other planning duties, including Project review, on an as needed basis. Discussion Agreements for contract Planning Staff generally coincide with the City’s budget cycle. The subject Consultant Service Contract, if approved, would cover FY 2017/2018. 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 invaluable work on the update of the East Lake Specific Plan, staff believes that Ms. Donahoe has the specialized experience necessary to complete pending Page 2 of 2 Advanced Planning Projects and other planning duties that may be assigned during FY 2017/2018. 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 2017/2018 will be on department-initiated Advanced Planning Projects that 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 2017-2018 as an appropriation of $50,000 for a Planning Consultant. Exhibit: A – Draft Consultant Services Contract. CONTRACT DATE OF JULY 1, 2017 CONSULTANT SERVICES CONTRACT *********************************************************************************************************** THIS AGREEMENT made and entered into on , 2017 by the City of Lake Elsinore, a municipal corporation, party of the first part, hereinafter referred to as CITY, and CONTRACTOR Carole Donahoe FOR USE BY CITY MANAGER’S OFFICE ONLY S.S/E.I.N. NO.Vendor #Amount $ Acct. MAILING ADDRESS Purchase Order #Obj. Code CITY, STATE, ZIP City Division ACCT. To Be Chgd. PHONE NUMBER Document Preparer Date Ext. or Telephone # CONTRACT PERIOD: From July 1, 2017 to June 30, 2018 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. CONTRACTOR 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 or Director of Community Development. 2.COMPENSATION – CITY shall pay CONTRACTOR $75.00 per hour for services rendered. In no event shall CONTRACTOR’s compensation exceed Fifty Thousand dollars ($50,000) for the CONTRACT PERIOD without additional written authorization from CITY. CITY shall reimburse CONTRACTOR for mileage incurred on City business (does not include “port-to-port”) at the rate of $0.54 (per Internal Revenue Service Guidelines) per mile or the prevailing standard mileage reimbursement rate, 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 at all 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 an 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.PERS ELIGIBILITY INDEMNIFICATION - In the event that CONTRACTOR claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, CONTRACTOR shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City CONTRACT DATE OF JULY 1, 2017 6.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. 7.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. 8.APPLICABLE LAW - This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9.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. 10.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. 11.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. 12.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. 13.AMENDMENTS - This Agreement may be modified or amended only by a written document executed by both CONTRACTOR and City and approved as to form by the City Attorney. 14.SEVERABILITY - If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. *********************************************************************************************************** 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 CONTRACTOR City Manager Carole K. Donahoe, AICP ATTEST:APPROVED AS TO FORM: __________________________________________________________________________________________ Susan Domen, CMC City Clerk Barbara Leibold, City Attorney *********************************************************************************************************** NON-DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services.