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CD Marin Airporter Terminal Project Planning Services. 14110,10 1 ` IQ R13Lei C V.1 0 W W. -I 0 C I I, LM D1 It" This Agreement is made and entered into this /6--nday of January 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LISA NEWMAN (d.b.a. Newman PlanninV Associates) (hereinafter "CONTRACTOR"). 110 - ("District") to relocate this central bus shuttle terminal to District property located on Andersen Drive in San Rafael (lands south of 1011 Andersen Drive, ptn. of APNs 018-180-53 and 018- 142-74); WHEREAS, the relocation of the Marin Airporter Terminal to the District property on Andersen Drive will require the filing and approval of a City Use Permit and Environmental and Desiin Review Permit, as weilas a•rowate buildini and iradini ermits. The MarinAlworter -9 K-714 JW4,10714 I ro 11 WWI I rbil I I -9L -r -Ir 11rall, I E1,11 1.9 WIRIK-74W W1111157f, -&WJ lVA17,11 III 10,16W 101 SJUSN 1 lit) IR WHEREAS, the City of San Rafael has determined that professional planning services are still needed to assist the Community Development Department to complete an expeditious permit review process for the Marin Airporter Terminal project; WHEREAS, at the City's request, CONTRACTOR has submitted a scope of work and proposal dated December 26, 2014 to provide contract planning services to the City, including a list of anticipated activities/tasks, and said proposal is attached to the Agreement for Professional Services; and WIIEREAS, CONTRACTOR has worked for the CITY on other similar projects and is currently under contract to provide EIR management services on a proposed mixed-use -ievelopment in Downtown San Rafael. Given the CONTRACTOR's good professional services standing with the CITY, the CITY has determined that a sole source selection process for services is appropriate. W111111111 111 MA N so 104 ILI A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Planning Manager 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. Lisa Newman of Newman Planning Associates is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR'S PROJECT DIRECTOR shall perform the duties and/or provide professional services as outlined in attached Exhibit A, "Scope of Work." DUTIES OF CITY. CITY shall pay the hourly billing rate compensation as provided in Section 4 of this Agreement. 4. COMPENSATION. CONTRACTOR shall perform duties and bill for services on a "time and material" basis, for the "Scope of Work" presented in attached Exhibit A. For this AGREEMENT, compensation shall not exceed a total of $20.000.00 and the authorized billing rate for the CONTRACTOR shall not exceed $150.00 ner hour. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The services to be performed under this AGREEMENT shall commence on January 1, 2015 and continue through December 31, 2015. 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 six months. 6. 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 ternlination, 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 her duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of her 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. 8. 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 her performance of her duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. 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. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial 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 10.A., shall also meet the following requirements: K 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 insureds under the policies. 4. CONTRACTOR shall provide to City's Risk 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 ten (10) days written notice to City's Risk 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 she 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 CONT CT's officers and employees. D. Any deductibles or self-insured retentions in CONT CT's insurance policies must be declared to and approved by the City's Risk 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 satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11100f�11•6, A. Except as provided in Paragraph B., CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, 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. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that terni is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of her 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. 01—Aij prol, F erflem, 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. 10�109XKG)3691 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: I TO CITY: Kraig Tambornini,Senior Planner Project Manager City of San Rafael 1400 Fifth Ave. (.O. Box 151560) San Rafael, CA 94915-1560 TOC . Lisa Newman Project Director Newman Planning Associates 2201 Mulberry Terrace San Rafael, CA 94903 For the purposes, and for the duration, of this Agreement, CONTRACTOR, her officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of 1 1'' and CITY expressly- • and agree that the status of CONTRACTOR, her officers, agents and employees be that of an Independen) Contractor and not thatof • I .' of regardingA. 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, #. matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matt of this Agreement shall be valid or binding, except by way of a written amendment this Agreement. D. 'fhe 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. CONTRACTOR agrees that CITY may deduct from any payment due to under any ordinance, agreement contract or resolution for any unpaid assessments, unpaid checks or other amounts. R 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 o anv receding breach or violation bi thieoth weriartv if a-tv te-m- cmditin-v 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 &gALs .C4"i-rg claigs a4w.i-tistratiiirf) a -Fd aTowev's, fees eyveligi iTt, ovrf ec-fiia uff'vsu RMITO• any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). II 11 ron my T11 I 10 F. il I ON [Wa ITJ 11 'El to) 114 1.1. MUM V11 111 illoill�iliiiiii�illi ;M!!!1 11 � W 70, rt M- I. �-- I I I M= I 10IM" By: JA Name: Lisa Newman Title: Principal, Newman Planning Associates APPROVED AS TO FORM: L a - ROBERT F. EPS*41Ni� Ainify Exhibit A: "Scope of Work," December 26, 2015 I EXEnIT A "Scope of Work" December 26, 2014 The scope of work for CONTRACTOR services includes the following tasks/responsibilities and milestones: A. Pre -application Review 1. Meeting(s) with City staff and project sponsor representatives to define project description and issues 2. Completion of site inspection(s) to confirm property conditions and locational characteristics 3. Review of and providing feedback and direction on pre -application materials and plans, as well as supportive documents such as project traffic study, San Rafael General Plan 2020 and City Zoning Ordinance (SRMC title 14- Zoning). 4. Prepare correspondence and memorandums, as necessary B. Formal Application Processing- Use Permit and Environmental and Design Review Permit (applications) 1. Coordinate application filing with project sponsor and City staff 2. Distribute applications to City departments, utilities, services and organizations for review and comment 3. Review applications for completeness. Prepare correspondence summarizing status of completeness review 4. Meet with project sponsor to coordinate application completeness C. Research and Review 1. Complete application review for consistency with the San Rafael General Plan 2020 and conformance with City Zoning Ordinance. Prepare table demonstrating project consistency/conformance with documents 2. Gather, review and coordinate comments and conditions from City departments, utilities, etc. 3. Prepare draft findings for action on applications, consistent with SRMC Title 14 - Zoning 4. Prepare draft conditions of approval for applications 5. Review and determine appropriate CEQA (environmental review) process and documentation (likely Categorical Exemption 15303) D. Preparation of Public Meeting Notices and Staff Reports) 1. Prepare notices for Design Review Board and Planning Commission meetings; submit to supervisor for review and approval 2. Prepare Design Review Board and Planning Commission staff reports and resolutions utilizing City report templates E. Attendance at Public Meetings 1. Attendance at two Design Review Board meetings 2. Attendance at one Planning Commission meeting F. Post Action Processing 1. File CEQA documentation notice with County of Marin 2. Assist City staff in closing -out project file E MARIN AIRPORTER TERMINAL SOUTH OF 1011 ANDERSEN DRIVE (PORTION OF APNS 018-180-53,018-142-74) REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT (Agreement) is entered into this /C-?Aday of January, 2015 ("Effective Date"), between Marin Airporter, (Project Sponsor) and the CITY OF SAN RAFAEL, a municipal corporation organized and existing under the laws of the State of California ("City"). RECITALS This Agreement is predicated upon the following findings: A. Project Sponsor is proposing to develop a new Marin Airporter Terminal on property owned by the Golden Gate Bridge, Highway & Transportation District located south of 1011 Andersen Drive, ptn. of APNs 018-180-53 & 018-142-74 ("project"). B. The proposed Marin Airporter Terminal project will be subject to a planning and land use review process, which will include the approval of Use Permit and Environmental and Design Review Permit. C. Based on the Community Development Department's current work load, the City needed to hire additional contract staff to expedite the review of the Project Sponsor's project on the condition that the Project Sponsor reimburse the City for its expense in contracting with an outside vendor ("Consultant"). D. The City has selected Lisa Newman, Newman Planning Associates to serve as the Consultant to assist in the processing of this application, the preparation of all reports, and staff representation at all required public meetings. F. Public Resource Code Section 21082.1 authorizes the City to enter into agreements for the preparation of environmental documents for the Project, and Public Resource Code section 21089 authorizes the City to collect fees to recover the costs for the preparation of these documents. G. San Rafael Municipal Code Section 3.34.040 sets forth a schedule of fees charged to a Project Sponsor to cover the entire expense of the City's processing of planning related entitlements and the preparation of the environmental documents. The intent of this Agreement is to set forth procedures and a funding mechanism for the provision of planning services as detailed in Professional Services Agreement between Newman Planning Associates and the City, with attached Exhibit A ("Scope of Work" dated December 26, 2014). The planning services described herein are henceforth referred to as "Professional Services." Any additional analysis may only be conducted upon agreement by all parties to this Agreement. ow. 1 Reimbursement Agreement- Marin Airporter Terminal NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 1. Reimbursement. City will contract directly with Consultant to provide planning and environmental consulting services for the Project. Project Sponsor will reimburse City for all costs associated with or arising out of the contracts with the Consultant to the extent that they relate to the Project. It is understood that these reimbursement costs are in addition to any generally applicable processing or development fees which may also be due to the City. 2. Deposit. Project Sponsor shall deposit twenty -thousand dollars ($20,000) with the City within 15 days of receiving notice of the execution the contract for professional services. The City will hold the deposit and charge invoices received from the Consultant against the deposit. Each time the deposit's drawn down due to professional services charges to a balance of less than $5,000, Project Sponsor shall deposit $5,000 (Marin Airporter Terminal Deposit) with City. Project Sponsor shall submit the Marin Airporter Terminal Deposit within 15 days of receiving notice from the City and shall continue to make such deposits until all of City's costs for professional services are reimbursed. In the event that funds remain on deposit at the conclusion of the services contemplated by this Agreement, they shall be refunded to Project Sponsor. 3. Automatic Withdrawal of Annlication. Additional funds shall be submitted within 15 days of notice given by the City. Failure to maintain adequate funds or replenish the deposit account shall result in an automatic withdrawal of the application. If an application is withdrawn due to insufficient funds in the deposit account, the Project Sponsor shall be responsible for any amount due on the account and shall submit this within 30 days. 4. Binding Effect of Agreement. The burdens of this Agreement shall apply to and bind and the benefits of the Agreement inure to the successors in interest to the parties to it. 5. Relationship of Parties. a. It is understood that the contractual relationship between the City and Consultant is such that the Consultant is an independent contractor. b. City and Project Sponsor agree that nothing contained herein or in any document executed in connection herewith shall be construed as making Project Sponsor and City joint ventures or partners. c. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision in this Agreement. 6. No Entitlement Granted. Nothing in this Agreement shall provide Project Sponsor with any right to secure approval of any development plan, any particular environmental determination under CEQA, or any other entitlement. Accordingly, Consultant shall prepare said reports so as to be accurate and objective as reasonably possible. It is further agreed that in all matters pertinent to Project Sponsor, the Consultant and its sub -consultants shall act solely as the Reimbursement Agreement- Marin Airporter Terminal Consultant to the City and shall not act, in any capacity as consultant to, representative of, or agent of the Project Sponsor. The Project Sponsor shall not engage in communications or contact with Consultant and its sub -consultants without prior written authorization of the City. 7. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the principal offices of the City and Project Sponsor and its representative and Project Sponsors' successors and assigns. Notice shall be effective on the date it is delivered in person, or three (3) days after deposit in the United States Mail, with postage paid and addressed to: Notice to City: Kraig Tambomini, Senior Planner City of San Rafael — Community Development Department PO Box 151560 San Rafael, CA 94915-1560 Notice to Project Sponsor Randy J. Kokke, President Marin Airporter 8 Lovell Avenue San Rafael, CA 94901 8. Indemnification. Defense and Hold Harmless. a. Project Sponsor agrees to and shall indemnify, defend and hold the City, its Council members, officers agents, environmental consultants, employees and representatives harmless from liability for damage or claims of damage, for personal injury, including death, and claims for property damage which may arise from the City's hiring of a Consultant and Counsel and the professional services provided thereby. b. Project Sponsor's obligation under this section to indemnify, defend and hold harmless the City, its council members, officers, agents, environmental consultants, employees, and representatives shall not extend to liability for damage or claims for damage arising out of the sole negligence or willful act of the City, its Council members, officers, agents, employees or representatives. In addition, Project Sponsor's obligation shall not extend to any award of punitive damages against the City resulting from the conduct of the City, its Council members, officers, agents, employees or representatives. c. With respect to any action challenging the validity of this Agreement or any environmental, financial or other documentation related to approval of this Agreement. Project Sponsor further agrees to defend, indemnify, hold harmless, and pay all damages, costs and fees, if any incurred to either the City or plaintiff (s) filing such an action should a court award plaintiff(s) damages, costs and toes, and to provide a defense for the City in any such action. The City may elect, at its discretion, to participate in the defense of any such action. 9. Amendments. No amendment of this Agreement shall be valid or binding unless made in writing, signed, and duly authorized on behalf of both parties. Reimbursement Agreement- Marin Airporter Terminal 10. No Third Partv Beneficiaries. This Agreement is solely for the benefit of the parties, and it does not, nor is it intended to, create any rights in favor of or obligation owing to any third parties. 11. Administrator. The City employee with responsibility for administering this Agreement is Kraig Tambornini, Senior Planner, as designated by the Community Development Director. 12. Integration Clause. This Agreement contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. 13. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable. 14. Headings. The section headings contained in this Agreement are inserted for convenience only end shall not affect in any way the meaning or interpretation of this Agreement. 15. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 15. Public Record. This Agreement and all written non -privileged documents prepared pursuant to this Agreement shall be maintained as a public record. 17. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof. 18. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Marin County in the State of California or in the United States District Court for the Northern District of California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service at process Issued by such courts. 18. Countemarts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. 20. Authoritv. The person signing this Agreement for Project Sponsor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Project Sponsor. Reimbursement Agreement- Marin Airporter Terminal IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written, CITY OF SAN RAFAEL PROJECT SPONSOR L;:�Iem NANCY MACKLE, ity ManagerKO Presi�nt Marinorter ATTEST: �z5fi�� 6 a ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: 11 ROBERT F. EPSTEIN, City Attorney Attachment: EXHIBIT A- "Scope of Work" Reimbursement Agreement- Marin Airporter Terminal EXHIBIT A "Scope of Work" December 26, 2014 The scope of work for CONTRACTOR services includes the following tasks/responsibilities and milestones: A. Pre -application Review 1. Meeting(s) with City staff and project sponsor representatives to define project description and issues 2. Completion of site inspection(s) to confirm property conditions and locational characteristics 3. Review of and providing feedback and direction on pre -application materials and plans, as well as supportive documents such as project traffic study, San Rafael General Plan 2020 and City Zoning Ordinance (SRMC title 14- Zoning). 4. Prepare correspondence and memorandums, as necessary B. Formal Application Processing- Use Permit and Environmental and Design Review Permit (applications) 1. Coordinate application filing with project sponsor and City staff 2. Distribute applications to City departments, utilities, services and organizations for review and comment 3. Review applications for completeness. Prepare correspondence summarizing status of completeness review 4. Meet with project sponsor to coordinate application completeness C. Research and Review 1. Complete application review for consistency with the San Rafael General Plan 2020 and conformance with City Zoning Ordinance. Prepare table demonstrating project consistency/conformance with documents 2. Gather, review and coordinate comments and conditions from City departments, utilities, etc. 3. Prepare draft findings for action on applications, consistent with SRMC Title 14 - Zoning 4. Prepare draft conditions of approval for applications 5. Review and determine appropriate CEQA (environmental review) process and documentation (likely Categorical Exemption 15303) D. Preparation of Public Meeting Notices and Staff Reports) 1. Prepare notices for Design Review Board and Planning Commission meetings; submit to supervisor for review and approval 2. Prepare Design Review Board and Planning Commission staff reports and resolutions utilizing City report templates E. Attendance at Public Meetings 1. Attendance at two Design Review Board meetings 2. Attendance at one Planning Commission meeting F. Post Action Processing 1. File CEQA documentation notice with County of Marin 2. Assist City staff in closing -out project file Community Development Department MEMORANDUM DATE: December 31, 2014 TO: Nancy Mackle, City Manager; Rob Epstein, City Attorney; Esther Beirne, City Clerk FROM: Paul Jensen, Community Development Director t�6. SUBJECT: Marin Airporter Terminal Relocation; Reimbursement Agreement and Professional Services Agreement for Contract Planning Services Several weeks ago, Nader Mansourian and I met with representatives of Marin Airporter to discuss a relocation of their Larkspur Landing terminal and operations to the southern portion of the GGBHTD property located on Andersen Drive. The present terminal location property is owned by GGBHTD, who has not extended their lease as this property is planned for an expansion of parking for the ferry terminal. Relocation to the Andersen Drive property was a second choice as Marin Airporter was banking on finding another site in the Larkspur Landing area. GGBHTD has offered a five-year lease for the Andersen Drive site, which would be developed with a terminal building (modular structure) and customer parking. The negotiations with GGBHTD require that Marin Airporter vacate the Larkspur Landing site by April 2015. Relocation to Andersen Drive will require a City land use approval and construction process. A Planning Commission -level Use Permit and Design Review Permit are required for this site, along with building -related permits and construction. Adding the construction process, it is impossible to complete the new terminal for operation at the Andersen Drive site by April 2015. Marin Airporter representatives were told that this timeline is not doable but that we would hire a planning consultant to expedite the process. Lisa Newman, Newman Planning Associates has agreed to contract with the City. Attached, please find two documents for your review and signature: 1. Reimbursement Agreement between the City and Marin Airporter. This agreement confirms that Marin Airporter will reimburse the City for all funds needed to process their Use Permit and Design Review Permit applications. 2. Professional Services Agreement (PSA) between the City and Lisa Newman. Given that this project is fairly straightforward and will involve an expected, modest process, the PSA has been capped at $20,000, which allows the City Manager to execute the agreement on behalf of the City Council. Please sign the two agreements (two hard copies each) and return to me. Thank you. PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aereements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date i 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for l Z/ 34 I ► y their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval N - necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. J 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the I Sa 7 contracting department. To be completed by Contracting Department: �i�1- ti(c�.�!►rrt dYv PI o�v�n ��n � ys« Project Manager: PG(�Ui) Je►rl1,-M, C1212 Project Name: MC 1l0 A'41f pi:4 2 C Agendized for City Council Meeting of (if necessary): NA - 42Z7 PZ-76f,;�— YvinX, . If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.