HomeMy WebLinkAboutCC Resolution 12481 (Planning Assistance; Climate Change Action Plan)RESOLUTION NO. 12481
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH BAIRD+DRISKELL COMMUNITY
PLANNING FOR PLANNING AND DOCUMENT ASSISTANCE FOR THE
CLIMATE CHANGE ACTION PLAN FOR AN AMOUNT NOT TO EXCEED
$24,640 (COMMENCING MAY 12, 2008 AND ENDING JUNE 309 2009)
WHEREAS, the Bay Area Air Quality Management District provides grants for local
communities to assist with climate change action plans; and
WHEREAS, the City of San Rafael applied for and has been awarded a grant in the
amount of $25,000 from the Bay Area Air Quality Management District to help fund a San
Rafael Climate Change Action Plan; and
WHEREAS, consultant assistance is needed to provide assistance with meeting
facilitation, workshop preparation, and document preparation for the planning process for the
Climate Change Action Plan; and
WHEREAS, Jeffery Baird with the firm of Baird + Driskell Community Planning has
the experience and expertise to perform such services, having ably assisted San Rafael and other
Bay Area cities in similar community planning projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY RESOLVE as follows:
The City Manager is authorized to sign a Professional Services Agreement with
Baird+Driskell Community Planning, a copy of which is attached, to work with City
staff and provide planning assistance for the San Rafael General Plan Update project.
I, ESTHER C. BEIRNE, 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
City Council of said City held on Monday, the 5`h day of May, 2008 by the following vote, to
wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
'Istir''X ' L t r -'-e
ESTHER C. BEIRNE, City Clerk
1 � I
PROFESSIONAL SERVICES AGREEMENT
FOR BAIRD + DRISKELL COMMUNITY PLANNING (A SOLE PROPRIETOR)
TO PROVIDE PROFESSIONAL PLANNING SERVICES
TO ASSIST IN THE PREPARATION OF THE CLIMATE CHANGE ACTION PLAN
This Agreement is made and entered into this 5T' day of May, 2008, by and between the CITY OF
SAN RAFAEL (hereinafter "CITY"), and Baird + Driskell Community Planning (a sole proprietor)
(hereinafter "CONTRACTOR").
RECITALS
WHEREAS, on February 4, 2008, the San Rafael City Council approved the work program for the
Climate Change Action Plan; and,
WHEREAS, the City of San Rafael applied for and has been awarded a grant in the amount of
$25,000 from the Bay Area Air Quality Management District to help fund a San Rafael Climate Change
Action Plan; and
WHEREAS, consultant assistance is needed to provide assistance with meeting facilitation,
workshop preparation, and document preparation for the planning process for the Climate Change Action
Plan; and
WHEREAS, Jeffery Baird with the firm of Baird + Driskell Community Planning has the
experience and expertise to perform such services, having ably assisted San Rafael and other Bay Area
cities in similar community planning projects.
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, Principal 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.
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CONTRACTOR shall perform the duties and/or provide services as described in Exhibit A,
Scope of Services and Work Tasks, attached and incorporated herein.
3. DUTIES OF CITY.
CITY shall perfonn the duties as follows: providing assistance (i.e., intern, planning staff)
as needed to CONTRACTOR, involving CONTRACTOR at team meetings, and monitoring progress of
completion.
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4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR as follows: $140 an hour. Payment will be made in three installments upon receipt of
grant funding from the Bay Area Air Quality Management District, as follows:
• $8,333 upon receipt of grant funding following submittal of the June 30, 2008 Progress Report,
• $8,333 upon receipt of grant funding following submittal of the December 31, 2008 Progress Report,
• $7,974 upon receipt of grant funding following submittal of the Final Report.
CONTRACTOR will submit to PROJECT MANAGER itemized invoices for inclusion in the Progress
and Final reports.
6. TERM OF AGREEMENT.
The tern of this Agreement shall be for three years and one month commencing on May 12,
2008 and ending on June 30, 2009. Upon mutual agreement of the parties, and subject to the approval of the
City Manager, the terns of this Agreement may be extended.
7. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon
fifteen (15) 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.
8. 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.
Il. 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 1 LA., 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
satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related
investigations, claims administration, attorney's fees and defense expenses.
12. INDEMNIFICATION.
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 M. Jackson
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Jeffery C. Baird, AICP
Baird + Driskell Community Planning
111 San Gabriel
Fairfax, CA 94930
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.
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 TRACTOR'
City. er .
Byrn
qCtON
ry aird+ Driskell
C Ilanm g (sole proprietor)
ATTEST:
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Exhibit A
I...'iiy or Scin i�rJruel (-Jimde, C -In inge, r --\lion Plan
„Scope of ..-.._..... ,_ � .. .......�. � . . ,�
Services and Work Tasks
City of San Rafael Climate Change Action Plan
Prepared by Baird + Driskell Community Planning
April 28, 2008
Background
The Scope of Services and Work Tasks outlined below are intended to provide
the City of San Rafael with with assistance in developing a Climate Change
Action Plan, including support for a "Green Ribbon" Committee and various
community outreach activities. Baird + Driskell Community Planning combine a
strong background in general plans, specific plans, and environmental planning,
with a technical background in all aspects of community planning, regulations
and design, along with a unique strength in public information and participation
processes.
We believe the most effective strategies and solutions are developed in close
collaboration with those who will be responsible for carrying them out and those
who will be affected by them, including agency staff, community stakeholders,
and the community at -large. We provide expert knowledge on state-of-the-art
planning techniques and experience from other communities to bring a fresh
perspective and approach to challenging community issues, working with staff and
community members to develop responsive and responsible strategies.
Our approach in conducting our work is to respond to the needs and resources
of our client. We strive to function as an extension of staff — providing high level
technical skills through a process that both facilitates and enables a high level
of client "authorship" of the final product and outcome. The structure of our firm
enables staffing needs to be tailored to a "best fit" with the needs of the client.
In this regard, we have functioned both as the primary lead on projects as well
as in a more supporting role providing technical expertise, advice, and product
preparation assistance.
Project Objectives, Process and Schedule
As we understand the work effort, the primary role of Baird + Driskell Community
Planning (Jeffery C. Baird, AICP) will be assist City staff in working with the "Green
Ribbon" Committee and the community as a whole in the development of a
Climate Change Action Plan. Baird + Driskell will assist in facilitating community
input and comment designed to increase overall awareness of the efforts as well
as to generate innovative approaches and comprehensive strategies to address
the City's goal of significantly reducing the GHG emissions of the City and the
community as a whole.
Prepared by Baird + Driskell Community Planning (April 28, 2008) Page 1
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Coordination with City staff will be a critical component of the work effort. We
have partnered with city staff on many projects by participating in staff meetings,
being available at short notice to respond to pressing needs, maintaining flexibility
in work assignments and responsibilities, working closely with staff in development
and review of interim and final products, and by assuring that products respond
directly to community needs. Efficiencies of time and products will occur the closer
City staff and the consultant can coordinate work.
Work Tasks
The tasks below are intended to be completed to comply with the schedule for
the "Green Ribbon" Committee to complete its work by June 30, 2009.
TASK 1. Coordinate with City Staff
The Consultant will meet with City Staff to coordinate work on the project to cover
such items as: (1) process refinement; (2) agenda preparation; (3) plan and/or
other materials preparation; and (4) review of products. Meetings will be planned
on an as -needed basis. The Consultant would also quickly respond to other
coordination needs that would occur by phone or email.
TASK 2. Assist in Conducting "Green Ribbon" Committee and Other Meetings
Community "authorship" of plans through a citizen steering committee approach
elevates the level of community discussion of important issues, adds perspective
on strategy choices, creates a better understanding of ways to package
information, brings together different points of view, and fosters a shared
appreciation of differences of opinion that may exist. A reasoned evaluation of
strategies and obtaining the best ideas most effectively occurs when this process
is managed in a constructive, sequential way, as is outlined in the City's process.
The Consultant will help facilitate up to 10 meetings with the "Green Ribbon"
Committee and others. Tasks would include: (1) pre -meeting planning (agenda,
materials, coordination with staff and chair, etc.), (2) meeting facilitation, and (3)
assistance with meeting summary memo.
TASK 3. Assist with Preparation of Plan and Other Materials
The Consultant will assist City staff in the preparation of marterials for this project. A
finite number of hours are identified for this task, but the intent would be to provide
graphic design and other services needed to produce various types of products
for this work effort, as desired by staff
Prepared by Baird + Driskell Community Planning (April 28, 2008) rage 2
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Budget
The specific schedule for the work tasks will be determined in coordination with
City Staff consistent with the work program and timeline, as refined through the
process. Task costs are itemized below for the work. For budgeting purposes, Mr.
Baird's hourly rate is $140/hour. This does not include significant costs for copying
or other "outside" costs which may be incurred. Any significant outside costs would
require prior approval by the City.
Budget Allocation By Task
Task Number and Title
Task 1. Coordinate with City Staff
Task 2. Assist in Conducting "Green Ribbon"
Committee and Other Meetings (12 Meetings)
Task 3. Assist with Preparation of the Plan, Other
Materials and/or Conduct Other Outreach Activities
(Miscellaneous Tasks to be Determined)
Grand Total Budget (at $140/hour)
Notes:
Jeffery Baird
Hours Cost Percent
40 $5,600 23%
96 $13,440 55%
40 $5,600 237o
176 $24,640 100%
(1) Task 2 allocates 8 hours/meeting. This time allocation covers all pre -meeting
planning and materials, coordination with staff, the meeting itself (including set-
up), and post -meeting summary memo preparation assistance.
Prepared by Baird + Driskell Community Planning (April 28, 2008) Page 3