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HomeMy WebLinkAboutCC Resolution 11113 (St. Vincents Village Planning)RESOLUTION NO. 11113 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ANNE MOORE OF MOORE CONSULTING TO ASSIST IN PROCESSING PLANNING APPLICATIONS FOR THE ST. VINCENT'S VILLAGE DEVELOPMENT PROPOSAL (Term of Agreement: from June 18, 2002, and ending on June 17, 2004, for an Amount not to Exceed $85,000) WHEREAS, the City of San Rafael has determined that professional services are needed to assist in processing planning applications for the St. Vincent's Village development proposal; and WHEREAS, Anne Moore of Moore Consulting ("consultant") was selected in October 2000 to provide professional planning services to the City of San Rafael in anticipation of receiving applications for the St. Vincent's Village development proposal; and WHEREAS, professional planning services associated with preliminary and initial review of the applications were covered by a previously executed Professional Services Agreement with consultant and the maximum billing amount authorized under that agreement has nearly been exceeded requiring execution of a new agreement; and WHEREAS, the St. Vincent's Village application and environmental review process will likely continue for at least two years requiring extensive consultant involvement; and WHEREAS, a list of duties required of a contract planner is attached to the Professional Services Agreement as Exhibit "A" and consultant has provided an estimate to perform these duties; and WHEREAS, as a condition of application submittal, Shapell/CYO ("applicants") have agreed to pay all incurred costs associated with the review and processing of the St. Vincent's Village applications, including consultant costs. NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the City Manager to execute, on behalf of the City of San Rafael, a Professional Services Agreement with Anne Moore of Moore Consulting for the St. Vincent's Village development proposal in the form attached as Attachment "1." 1, 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 City Council of said City held on Tuesday, the seventeenth day of June, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, and Phillips, Mayor Pro Tem NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Vice -Mayor Cohen and Mayor Boro JE M. LEONCM, City Clerk AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 18th day of June 2002, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MOORE CONSULTING (hereinafter "CONTRACTOR"). RECITALS WHEREAS, given the current workload of staff and the pace of land planning and development activity, the CITY has determined that professional services are needed to assist in the processing of planning applications for the development of the St. Vincent's lands, located in the North San Rafael area. 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 Principal Planner (Current Planning) 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. Anne Cronin Moore 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 shall perform the duties and/or provide professional services as Contract Planner, outlined in attached Exhibit "A." These services shall be performed under the supervision of the Principal Planner, in conjunction with the CITY's processing of the land use and planning applications for the St. Vincent's development project. Duties shall include the tasks described in Exhibit "A," attached and incorporated herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: the CITY shall provide suitable workspace, if necessary, which is accessible to telephone and computer facilities. CITY shall provide CONTRACTOR with copies/sets of local plans, COPY ordinances and reports that are pertinent to the project that has been assigned to the CONTRACTOR. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR an hourly rate of $100.00 per hour through December 31, 2002, and $105.00 per hour beginning January 1, 2003. The billing amounts authorized under this agreement shall not exceed $85,000.00. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for 24 months commencing on June 18, 2002, and ending on June 17, 2004. Upon mutual agreement of the parties, and subject to the approval of the City Manager and the PROJECT MANAGER the term of this Agreement may be extended for an additional period of 12 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 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, except that CONTRACTOR may spend up to eight (8) hours preparing the files and transmitting same to the CITY. 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. 7. 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. 2 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 its performance of its 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 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 five hundred thousand ($500,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of five hundred thousand ($500,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. 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. 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 thirty (30) 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 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 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. 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. 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 its duties and obligations under this Agreement. 4 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 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. 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: Kristie Richardson Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 City Risk Manager City Of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Anne Cronin Moore Moore Consulting 29 Surrey Lane, Suite 101 San Rafael, CA 94903 16. 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. 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 terms and conditions of this Agreement shall control. 18. 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. 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 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. 6 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. CONTRACTOR's taxpayer identification number is 68-0253472, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 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 eL �6%� 'PA kt ROD , City Man er ATTEST: JE M. LEON INI, City Clerk APPRO T. City f-14 CONTRACTOR By: Name: Anne Moore Title: Owner Exhibit A - List of Duties Required of Contract Planner 7 )EXHIBIT "A" LIST OF DUTIES REQUIRED OF CONTRACT PLANNER The Contract Planner shall be required to complete the following tasks and duties associated with the processing and management of planning applications for development projects: A. Pre -Application Tasks and Activities 1. Participate in and attend pre -application meetings with City staff, the project sponsor, consultants, agency representatives and community groups, as necessary. - 2. Review and analyze plans and studies submitted to the City for review as part of the pre - application process. 3. Review all planning studies, documents and ordinances that would be -pertinent to the subject property and the proposed development. Application Filing Accept and coordinate review of application filing, including organization of plans and studies, distribution of application materials to City and County departments, agencies, utilities and community organizations. C. Review of Project Applications for Completeness 1. Consistent with City requirements and State Permit Streamlining provisions, review applications for completeness. 2. Coordinate and monitor review and comments on plans and application materials from City and County departments and pertinent agencies and utilities for application completeness review. 3. Completeness review shall include: a) a preliminary summary of environmental issues and a list of supportive studies and/or reports that may be requested for submittal by the project sponsor and b) summary of City department comments, if available. 4. Prepare correspondence to project sponsor summarizing completeness review. D. Participate and Assist in Environmental Review Process 1. Assist Environmental Coordinator in the preparation of an Initial Study consistent with the City's Environmental Review Guidelines and provisions of CEQA. 2. Assist Environmental Coordinator in the preparation and distribution of a Notice of Preparation and Request for Proposal (RFP) to select EIR consultant. 3. Assist Environmental Coordinator in the EIR consultant selection process, as required by City. 4. Assist Environmental Coordination in the management of the EIR consultant work and coordinate review of administrative draft and draft documents by City staff. 5. Assist Environmental Coordinator in developing project alternatives for evaluation in EIR. 6. Assist Environmental Coordinator in overseeing the publication and distribution of DEIR and Notice of Completion. 7. Attend public hearings on the DEIR. B. Assist Environmental Coordinator in overseeing the preparation, publication and distribution of Final EIR. 9. Attend public hearings on the FEIR. E. Management and Review of Project Merits 1. Review project for consistency with San Rafael General Plan 2000 and the published recommendations of the St. Vincent's/Silveira Task Force. 2. Review project for consistency with compliance with provisions of the San Rafael Municipal Code. 3. Coordinate and review comments and recommended conditions from City departments and pertinent agencies and organizations. Exhibit A'- List of Duties Required of Contract Planner Page 2 4. Prepare staff reports and ordinances/resolutions with appropriate findings and conditions. F. Coordination of Public Hearing Notices 1. Prepare public hearing, meeting and environmental document review notices. 2. Coordinate with City staff in the preparation of noticing list. 3. Coordinate with City staff to ensure that hearing notices are posted and published. G. Meeting Attendance 1. - Attend City staff and Development Coordinating Committee Meetings, when needed. 2. Attend Design Review Board, Planning Commission and City Council meetings, -when needed. 3. Attend neighborhood and community meetings that are scheduled for assigned project. 4. Attend meetings with other agencies, utility districts and special interest organizations, as appropriate. 5. Coordinate and attend meetings with project sponsor and representatives. H. Administrative Tasks 1. Preparation and submittal of detailed monthly billing statements. 2. Maintenance of City files on project in good order. 3. File closure, including preparation of final conditions of approval and filing Notice of Determination. I. General Task Maintain general communication with City staff, applicant representatives, consultants, community organizations, other agencies and interested organizations and representatives. Cntpinr2.doc/April 23, 2001 R InSvk:ntk MOORE, ANNE DBA MOORE CONSULTING 29 SURREY LN STE 101 SAN RAFAEL CA 94903-3226 Type: BUSINESS -OFFICE Coverage information B-BUSN PROP 20000 C -LOSS INC ACT LOSS L-BUSN LIAR 500000 GEN AGGREGT 1000000 PCO AGGREGT 1000000 M-MED/PERSN 5000 Fire Policy Status JANUARY 30, 2002 B Ph. (415)472-2148 GENL Policy: 97-B3-4422-6 G Yr issd: 1991 Xref : Location: 29 SURREY LN STE 101 SAN RAFAEL CA 94903-3226 .Term: CONT Renew date: -AUG -10-02 Premium: 308.00 Amount paid: Date paid: Bill to: Prev prem: 308.00 JUL-26-01 INSD 263 Prev risk: 19,200 Deductibles applied: 500 ALL PER OTHER DED MAY APPLY Messages: Year built: 1973 Constr: FRAME Zone: 05 Prot class: 3 r ADDL INSURED - SECTION II CITY OF SAN MATEO ATTN: RON MUHEKAWA 330 W 20TH AVE SAN MATEO CA 94403-1338 ADDL INSURED - SECTION II CITY OF SAN RAFAEL ATTN : ROBERT BROWN PO BOX 151560 SAN RAFAEL CA 94915-1560 NAMED INSURED: MOORE,ANNE,C 29 SURREY LANE SAN RAFAEL CA 94903 POLICY NUMBER TS -83-06-7 EFFECTIVE DATE 05-10-2002 POLICY EXPIRATION DATE 07-11-2002 Page 2 of 2 ® Additional Insured Bodily Injury and Property Damage is: CITY OF SAN RAFAEL 1400 FIFTH AVE(PO BOX 151560) SAN RAFAEL,CA 94915 which, subject to all terms and conditions of the CSAA Members Car Policy, shall have the rights of coverage and defense granted to organizations by subpart (3) of the section entitled "Additional Definition Used in this Part Only' under Part I -Liability. ® The Bureau will give 10 days Notice of Cancellation for non-payment of premium, 20 days notice of Cancellation for any other reason or lapse of policy to: CITY OF SAN RAFAEL 1400 FIFTH AVE(PO BOX 151560) SAN RAFAEL,CA 94915 ❑ Coverage are extended to: which, subject to all terms and conditions of the CSAA Members Car Policy, shall have the rights of coverage and defense granted to organizations by subpart (3) of the section entitled "Additional Definition Used in this Part Only' under Part I -Liability. The policy of automobile insurance includes the coverages and limits of liability as shown below. The policy will expire on the date shown unless cancelled by the insured or by the Bureau prior thereto. MAKE OF CAR YEAR VEHICLE IDENTIFICATION NUMBER MN) MAZDA 1994 1YVGE31D2R5191384 LIABILITY COVERAGES # BODILY INJURY LIABILITY I LIMITS OF LIABILITY Each Person Each Occurrence $300.000 1 $500,000 PROPERTY DAMAGE 05-10-2002 2110796 msc91 LIMIT Each Occurrence $10QM0 GBLIPIER