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CD Planning Technician; Planning ServicesAGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this a day of March 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and LORRAINE WEISS, dba LORRAINE WEISS DESIGN AND DEVELOPMENT REVIEW (hereinafter "CONTRACTOR"). RECITALS WHEREAS, an Associate Planner in the Community Development Department has announced their retirement from the City of San Rafael and the retirement will leave a vacancy in the Planning Division of the Community Development Department; WHEREAS, the Planning Division is in the process of recruiting to fill this vacancy with a Planning Technician, however tlus process will take 3-4 months to complete the recruitment; WHEREAS, with the upcoming retirement in the Planning Division and given the current workload of staff and the pace of planning services, the CITY has determined that a temporary Contract Planner is needed to supplement existing staffing during the timeframe necessary to complete the recruitment for the vacant position within the Planning Division of the Community Development Department;. WHEREAS, at the City's request, CONTRACTOR has submitted a proposal dated February 23, 2015 to provide Contract Planner services to the City, and said proposal is attached to this Agreement marked Exhibit "A" and incorporated herein by reference; and WHEREAS, CONTRACTOR has demonstrated through her statement of qualifications and resume that she has worked in other Cities on other similar projects and would be able to take on the responsibilities to process minor planning applications for the CITY, the CITY has determined that a sole source selection process for services is appropriate. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. 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. Lorraine Weiss 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 Professional Services Agreement Between City of San Rafael and Lorraine Weiss Page 1 Ohl.b, . I.� 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 to fill in for the vacant Associate planner position while the CITY advertises, recruits and selects a permanent replacement for this position 3. 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, as work is needed by CITY, at the billing rate presented in attached Exhibit A. For this Agreement, compensation shall not exceed a total of $20,000.00. 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 April 2, 2015 and shall continue through August 2, 2015, unless earlier terminated as provided in Section 6 of this Agreement. 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, provided that such extension shall not increase the total compensation authorized in Section 4 of this Agreement. 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 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. Professional Services Agreement Between City of San Rafael and Lorraine Weiss Page 2 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 tern 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: 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. Professional Services Agreement Between City of San Rafael and Lorraine Weiss Page 3 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 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 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. 11. INDEMNIFICATION. A. Except as provided in Paragraph B., CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claire, 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 Professional Services Agreement Between City of San Rafael and Lorraine Weiss Page 4 officers, agents and employees in the performance of their duties and obligations under this Agreement. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term 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. 12. 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 her duties and obligations under this Agreement. 13. 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 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. 14. 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. 15. 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: Raffi Boloyan, Planning Manager Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) Professional Services Agreement Between City of San Rafael and Lorraine Weiss Page 5 San Rafael, CA 94915-1560 TO CONTRACTOR: Lorraine Weiss Project Director 100 Lincoln Village Circle, #114 Larkspur, CA 94939 16. INDEPENDENT CONTRACTOR. 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 the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, her officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. 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 terns and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct fiom 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. 19. 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 Professional Services Agreement Between City of San Rafael and Lorraine Weiss Page 6 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. 20. 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. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work perforined under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. 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 NAN Y MAC" --ager ATTEST: G -�� . ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: CONTRACTOR By: Name: Lorraine Weiss Title: Contract Planner Professional Services Agreement Between City of San Rafael and Lorraine Weiss Page 7 ROBERT F. EPSTEIN, Ci Attoril Exhibit A: "Statement of Qualifications and Billing Rate," Dated, February 23, 2015 Professional Services Agreement Between City of San Rafael and Lorraine Weiss Page 8 Lorrain ne,u:N .k\i..) nvi r iu•\ inti% February 23, 2015 Raffi Boloyan, Planning Manager Community Development Department City of San Rafael P.O. Box 151560 San Rafael, CA 94915-151560 RE: Statement of Qualifications for Planning Consultant Dear Raffi: Thank you for asking me to submit a Statement of Qualifications for providing part-time planning consulting services to the City of San Rafael. I am a sole proprietor with an 'office in San Francisco. With over 25 years of urban planning, design, development review, and environmental review experience in the greater Bay Area, I believe my planning knowledge can provide support to the City of San Rafael as necessary. My background includes the following:. • Managing multiple development projects of all sizes in demanding communities. • Process and prepare all types of planning entitlements, including but not limited to design review, use permit, zoning amendments, specific plan amendments, general plan amendments, California Environmental Quality Act environmental documentation for all types of development proposals, and manage the preparation of Environmental Impact Reports. • Experience working with local, state and federal agencies, such as Bay Area Air Quality Management District, Bay Conservation & Development Commission, Regional Water Quality Control Board, and State Department of Fish and Game. • Intervention between developers, business owners, residents, city/town departments, and outside agencies to solve various types of development issues. When working on a variety of planning projects as a Planning Consultant, I conduct my work in the City offices in order to meet with applicants and City staff, research project files and prepare some of the required documents to process planning projects. Additionally, I work on my own for site visits and preparation of material from my own office. I can be available to work for the City of San Rafael 10-15 hours a week for the next 3 to 6 months or as necessary to assist your department. As we are closer to the end of March, I would like to offer a more specific schedule that assumes I am at City Hall several hours twice a week. The current billing rate for the above mentioned work is $140.00 per hour. My resume is attached to this letter. I can provide a project list and references upon request. a 15.987.50;57 Ion uinc(e'lurr;rinc-nciss.com w%,.w,Iorr.rinc-nciss.com LORRAINE WEISS (415) 987-3057 1630 California Street, 4602 San Francisco, CA 94109 lorraine(@,Iorraiiie-weiss.com Land use planner with well-developed communication, organizational, and project management skills. PROFESSIONAL EXPERIENCE Principal, Lorraine Weiss Design and Development Review, San Francisco, CA 1998 - Present Provide project management services for a variety of development and redevelopment projects (residential, multi -family residential, commercial, mixed-use, industrial, educational, and institutional) for local jurisdictions in the San Francisco Bay Area. Responsible for entitlement processing, project management of entire project life cycle, prepare environmental documents in accordance with CEQA, and client support. • Project manager providing site analysis, design review, environmental review, regulatory review and analysis, and recommendations on complex land use development projects, adhering to fiscal and timeline constraints. • Administer and facilitate community meetings in highly demanding communities including agenda preparation, public outreach, staff report preparation, and present Planning cases to Boards, Commissions, and City Councils. Environmental Services Manager, Town of Corte Madera, CA 2002-2004 Managed and supervised the activities, operations, and budget ($1 million) of the Planning and Building Divisions of the Environmental Services Department, a six person team. Responsible for developing strong cross -functional partnerships to support problem solving and collaboration among department managers to foster the goals and objectives of the Town. Establish good working relationships with civic committees, residents, merchants, and shopping center management. • Organized, facilitated and coordinated all activities of the 2008 General Plan Update. • Managed the Town's ADA Transition Plan and Self -Evaluation. Planner & Staff Liaison to the Architectural Review Board, City of Palo Alto, CA 1991-1998 Managed the activities of the Architectural Review Board. Project managed major development projects along University Avenue, Stanford Shopping Center, Stanford Medical Center, Stanford Research Park, and Stanford University, prepared environmental documents, and presented cases to the Architectural Review Board, Historic Resources Board, Planning Commission, and City Council. • Create project zoning tracking checklists. • Manage and create `Development Permit Guide for Multiple -Family Residential and Commercial Development'. • Improve processing time of planning applications through process improvement and create City department standard conditions of approval. Assistant Planner, City of Daly City, CA 1989-1991 Processed land use permits, planning development project review, zoning, subdivision, site and architectural review. Provided staff support to the Planning Commission, City Council, and Redevelopment Agency. • Updated the Housing Element and Resource Management Element of the General Plan. EDUCATION UC Extension, Landscape Architecture courses, CEQA Update and Land Use Law courses Bachelor of Science (with honors), Urban & Regional Planning, California State Polytechnic University, Pomona, June 1985 Certificate in Urban Design, San Francisco Center for Architecture & Urban Studies, 1983 AFFILIATIONS American Planning Association (APA) and Association of Environmental Professionals (AEP) 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 agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Dute 1 City Attorney Review, revise, and comment on draft / agreement. 2 Contracting Department Forward final agreement to contractor for / their signature. Obtain at least two signed V originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). , 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements,—)tp 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. I 6 City Clerk City Clerk attests signatures, retains original ,fig agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: Raffi Bolovadv;V1 Project Name: Lorraine Weiss, Contract Planner Agendized for City Council Meeting of (if necessary): N/A 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.