HomeMy WebLinkAboutCC Resolution 8892 (St. Vincents-Silviera Meeting Facilitation)RESOLUTION NO. 8892
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING A $5,500 CONTRACT
WITH GEOFF BALL OF GEOFF BALL & ASSOCIATES
TO FACILITATE ST. VINCENT'S/SILVEIRA MEETINGS
WHEREAS, the St. Vincent's/ Silveira Advisory Committee and City Council
approved a work program for the St. Vincents and Silveira Study on April 20,
1992. The Work Program was for a Constraints and Opportunities Analysis,
and was expected to lead to a General Plan Amendment for the St.
Vincent's/ Silveira site; and
WHEREAS, reaching a Committee consensus on a General Plan amendment
is considered critical to the success of the project; and
WHEREAS, the Committee desires to engage the CONSULTANT to facilitate
final Committee meetings to assist in the process of reaching consensus
recommendations; and
WHEREAS, CONSULTANT comes highly recommended, has many years
experience facilitating similar projects, represents that he is qualified to
perform such services and is willing to perform such professional services as
hereinafter defined.
WHEREAS, funds are available from the St. Vincent's/Silveira Land Use
Competition budget to hire said CONSULTANT.
NOW THEREFORE BE IT RESOLVED, the City Council hereby approves an
agreement with Consultant, copy of which is attached hereto and made a part
hereof by reference.
BE IT FURTHER RESOLVED that the City Council authorizes the City
Manager and City Clerk to execute said agreement on behalf of the City of San
Rafael.
I, JEANNE M. 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 Monday, the 17th of May, 1993,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Foe JEANN M. LEONCINI, City Clerk
ORIGINAI 4188�Z
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this 17th day of Mav , 1993,
between the CITY OF SAN RAFAEL a Municipal Corporation (hereinafter
referred to as CITY) and GEOFF BALL, OF GEOFF BALL AND ASSOCIATES
(hereinafter called CONSULTANT).
A. RECITALS:
WHEREAS, the St. Vincent's/Silveira Advisory Committee and City
Council approved a work program for the St. Vincents and Silveira
Study on April 20, 1992. The Work Program was for a Constraints and
Opportunities Analysis, and was expected to lead to a General Plan
Amendment for the St. Vincent's/ Silveira site; and
WHEREAS, reaching a Committee consensus on a General Plan
amendment is critical to the success of the project; and
WHEREAS, the Committee desires
facilitate final Committee meetings
consensus recommendations; and
to engage the CONSULTANT to
to assist in the process of reaching
WHEREAS, CONSULTANT represents that he is qualified to perform
such services and is willing to perform such professional services as
hereinafter defined.
WHEREAS, funds are available from the St. Vincent's/ Silveira Land
Use Competition budget to hire said CONSULTANT.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as
follows:
B. AGREEMENT
1. DEFINITIONS: The following definitions shall apply to the
following terms, except where the context of this agreement otherwise
requires:
(a) Commencement of Services: Consultant agrees to commence work
immediately after the date of the signing of this contract.
(b) Completion of Services: Completion of the tasks described in
Exhibit A, 1993
CQi'Y
2. CONSULTANT AGREES AS FOLLOWS:
(a) CONSULTANT shall undertake and complete the services described in
Exhibit A attached hereto.
3. CITY AGREES AS FOLLOWS:
(a) In consideration of CONSULTANT'S Agreement to perform well and
sufficiently and in a skillful and professional manner the services
contemplated herein, CITY agrees to pay CONSULTANT an amount not to
exceed $5,500. This amount is the Facilitator Fee and includes time, travel,
phone and FAX costs associated with the project. Consultant shall be paid
monthly upon receipt of invoice, with the total amount to be divided among
the 7 months of the contract, or $786/month.
4. CITY AGREES TO PROVIDE TO CONSULTANT:
(a) Staff assistance with printing agendas, mailings to Committee, and similar
tasks on an "as needed" basis. This includes working as a flip chart recorder
for the CONSULTANT, when needed.
(b) Such information as is generally available from CITY files applicable to
the project.
(c) Assistance, if necessary, in obtaining information from other
governmental agencies or private parties.
5. OWNERSHIP OF DOCUMENTS:
All documents, originals, and correspondence developed by the
CONSULTANT that directly relate to the content of the project during the
course of the facilitated meetings shall become the property of the CITY and
shall be delivered to the CITY. Materials supplied by the CONSULTANT to
brief the Committee on process remain the property of the CONSULTANT,
but may be used by the City in this or subsequent projects, with proper credit
given to the CONSULTANT .
6. STATUS:
CONSULTANT is an independent contractor and shall not be deemed, directly
or indirectly, to be an officer or employee of the CITY.
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7. AFFILIATION:
During the length of the St. Vincent's/Silveira Opportunities and Constraints
Study, no member or affiliate of the CONSULTANT or CONSULTANT team
shall be an employee of a property owner of the two properties involved in
the Study.
8. TERMINATION:
(a) The CITY reserves the right to terminate this Agreement at any time by
providing written notification to the CONSULTANT. Should said notification
be received by the CONSULTANT, all work under this Agreement shall
terminate, except for what minor work is required to provide the City with a
clear understanding of work completed and work remaining.
(b) CITY shall pay CONSULTANT all sums then due and unpaid under this
Agreement, including sums for work not completed, but in preparation.
Payment by CITY of such compensation shall be considered full and final
settlement for all work performed by the CONSULTANT under this Agreement.
(c) Upon receipt of final payment, all materials and documents that directly
relate to the context of the project, whether finished or not, shall become the
property of and shall be delivered to the CITY, as noted above in Article #5..
(d) It is mutually understood and agreed that this Agreement shall be binding
upon the CITY and upon the CONSULTANT, their successors, executors, or
administrators. Neither this Agreement nor any part thereof, nor any
monies due or to become due under this Agreement may be assigned by the
CONSULTANT without the written consent of the CITY.
9. NOTICES OF DESIGNATED REPRESENTATIVES:
Any and all notices, demands, invoices and written communications between
the parties hereto shall be addressed as set forth in this paragraph 9. The
below named individuals, furthermore, shall be those persons primarily
responsible for the performance by the parties under this Agreement:
CITY: Jean Hasser, City of San Rafael Planning Department, PO Box 151560,
San Rafael, CA 94915-1560 415-485-3085
CONSULTANT: Geoff Ball, Geoff Ball & Associates, 164 Main Street, Suite 210,
Los Altos, CA 94022
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Any such notices, demands, invoices and written communications, by mail,
shall be deemed to have been received by the addressee 48 hours after deposit
thereof in the United States mail, postage prepaid and property addressed as
set forth above.
9. INSURANCE AND HOLD HARMLESS:
(a) CONSULTANT shall be responsible to provide automobile, worker's
compensation, health, personal liability and such other insurance as it desires
to protect itself, its employees and subcontractors, at its own expense.
(b) CONSULTANT agrees to hold CITY harmless from and against liability
arising out of CONSULTANT negligence in connection with the performance
of the work described in the attached Exhibit A.
10. ARBITRATION:
All claims or disputes between the CITY and the CONSULTANT relating to
this Agreement shall be decided by arbitration in accordance with the rules of
the American Arbitration Association, conducted in Marin County under the
laws of the State of California. The decision of the arbitrator shall be final and
binding on the parties. In interpreting the provisions of this Agreement, the
arbitrator may make an award of costs and fees, including attorney's fees
necessitated by arbitration.
11. ASSIGNMENT:
No Assignment of this Agreement or of any part or obligation of performance
hereunder shall be made, either in whole or in part, by CONSULTANT
without prior written consent of CITY.
12. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
13. ALTERATIONS:
This Agreement may be modified, as necessary, for the successful and timely
completion of the services to be provided. Any alteration shall be expressed
in writing, as an amendment to this Agreement and shall be approved by
both parties.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first set forth above:
CONgULT
YA
CITY
City Manager
Pamela J. Nicolai
ATTEST:
Ci
� ty lerk
Jeanne M. Leoncini
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APPROVED AS TO FORM
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City Attorney
Gary T. Ragghianti
EXHIBIT A
to Professional Services Agreement by and between the City of San Rafael and
Geoff Ball of Geoff Ball & Associates, herein Consultant.
Consultant agrees to personally facilitate five two- hour meetings and three
six- hour St. Vincent's/Silveira Advisory Committee meetings over the
course of seven months: from May to November, 1993. The purpose of the
meetings is to assist the Committee in developing consensus land use
recommendations for the St. Vincent's/ Silveira site. Facilitation duties
include assisting staff and/or the St. Vincent's/Silveira Subcommittee in
preparing such meeting agendas and materials, travel time, FAX and
telephone costs.
C