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HomeMy WebLinkAboutCC Resolution 10345 (General Plan Planning)RESOLUTION NO. 10345 A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH JEFFERY BAIRD & ASSOCIATES TO PROVIDE PLANNING CONSULTANT ASSISTANCE DURING THE PREPRATION OF THE GENERAL PLAN UPDATE (COMMENCING DECEMBER 7, 1998 AND ENDING JANUARY 1, 2002) WHEREAS, in September 1998, City Council reviewed the work program for the update of the San Rafael General Plan; and WHEREAS, consultant assistance is needed to provide assistance with project management and policy development; and, WHEREAS, the firm of Jeffery Baird & Associates has the experience and expertise to perform such services, having ably assisted San Rafael and other communities in similar General Plan projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that it hereby authorizes the City Manager to sign a Professional Services Agreement with Jeffery Baird & Associates, a copy of which is attached, to work with City staff and provide planning assistance for the San Rafael General Plan Update project. I, JEANNE I1I. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 2151 day of December, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JE N�LEONCINI, City Clerk AGREEMENT FOR JEFFERY BAIRD & ASSOCIATES (A SOLE PROPRIETOR) TO PROVIDE PROFESSIONAL PLANNING SERVICES TO ASSIST IN THE UPDATE OF THE SAN RAFAEL GENERAL PLAN This Agreement is made and entered into this 21" day of December, 1998, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Jeffery Baird & Associates (a sole proprietor) (hereinafter "CONTRACTOR"). RECITALS WHEREAS, on September 21, 1998, the San Rafael City Council reviewed the work program for the update of the General Plan; and, WHEREAS, the CITY had determined that professional planning services are required to assist with development of updated goals, policies and programs, and WHEREAS, the CONTRACTOR has ably assisted the Community Development Department in the past with projects such as the 1988 General Plan, the 1982 and 1990 Housing Elements, and Vision North San Rafael, and has offered to render certain specialized professional services in connection with this project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. Linda Jackson, Senior Planner, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Jeffery Baird is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as described in Exhibit A attached and incorporated herein. 3. DUTIES OF CITY. CITY shall perform the duties as follows: providing assistance (i.e., intern, planning staff) as needed to CONTRACTOR, involving CONTRACT OR at team meetings, and monitoring progress of completion. 1 C-,-� /."- 1�, . 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: $85 an hour. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR.. 6. TERM OF AGREEMENT. The term of this Agreement shall be for three years and one month commencing on December 7, 1998 and ending on January 1, 2002. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement may be extended for an additional period of one year, to January 1, 2003. 7. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 9. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 2 11. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insurers under the policies. 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's 3 satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. MEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement." 13. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 16. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Linda Jackson City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Jeff Baird 8 Irving Drive San Anselmo, CA 94960 4 17. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 18. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 19. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 20. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 21. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 5 Oft ;,r. k. 22. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR is exempt from the business license requirement of the San Rafael Municipal Code because of his status as a contract employee for the City of San Rafael. CONTRACTOR shall pay any and all state and federal taxes, including State Disability Insurance, and any other applicable taxes. CONTRACTOR's taxpayer identification number is 126-40-2668 and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL City Manager ROD GOULD ATTEST: Ci Clerk JEANNE LE NCINI f APPRO A / City Attorney GAP,Y RAGgH IANTI 0 )rietor) Exhibit A The role of Jeff Baird, of Jeffery Baird & Associates is to provide professional planning services under the supervision of the Senior Planner in connection with the development of the San Rafael General Plan Update. This includes the following tasks, with estimated hours as shown: 1. Preparation and monitoring of the Work Program. Assistance with preparation of the work program 2. Background data collection and analysis. 3. Activities related to the update of the Housing Element**, specifically: O Documentation of the relationship of zoning and public facilities and services to land suitable for residential development; O Collection and tabulation of employment data, and the analysis and documentation of employment trend including its consideration in the housing need projection; O Review of the allocation data provided by ABAG regarding San Rafael's share of regional housing needs, and if recessary, revision to the housing element as a result of the allocation data. O Collection and tabulation of data regarding the handicapped and farm workers, and the analysis and documentation of the housing needs, O Collection and tabulation of data regarding energy conservation and the analysis and documentation of opportunities for energy conservation with respect to residential development. O Documentation of the public participation process 4. Preparation of the Draft Document. Review draft document and programs for consistency with State and ABAG requirements. 5. Plan adoption. Review draft for compliance with the State's Housing and Community Development Department. 6. Project management assistance. Technical advice pertaining to the General Plan Update and consistency issues, coordination of volunteer facilitator corps, facilitation and planning support for the Steering Committee and the Task Group meetings, and preparation for and presentations at the Town Hall meetings. Est. Hours 35 hours 55 hours 80 hours 20 hours 10 hours 10 hours 10 hours 40 hours 30 hours 30 hours 820 hours "Expenses under this item to be reimbursed by the State Department of Housing and Community Development. 7