HomeMy WebLinkAboutCC Resolution 11125 (Smith Ranch Pond)RESOLUTION NO. 11125
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH JAYNI ALLSEP FOR
ASSISTANCE NEEDED TO IMPLEMENT MITIGATION FOR THE SMITH RANCH POND,
PROCESS PLANNING APPLICATIONS, INCLUDING A PROPOSAL FOR A SECOND UNIT AT
25 SAN PABLO AVENUE, AND FOLLOW-UP ON VARIOUS OTHER DEVELOPMENT
PROJECTS
(Term of Agreement: from July 2, 2002, and ending on July 1, 2004, for an Amount not to Exceed
$40,000)
WHEREAS, the City of San Rafael has determined that professional services are needed to
provide assistance to implement mitigation for the Smith Ranch Pond, process planning applications,
including a proposal for a second unit at 25 San Pablo Avenue, and follow-up on various other
development projects; and
WHEREAS, Jayni Allsep has provided professional services to the City of San Rafael
processing planning applications over the past few years and has been selected to continue to provide
such services; and
WHEREAS, a list of duties required of a contract planner is attached to the Agreement for
Professional Services as Exhibit "A"; and
WHEREAS, as a condition of application submittal, project proponents agree to pay all incurred
costs associated with the review and processing of their 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, an Agreement for
Professional Services with Jayni Allsep in the form attached as Attachment "1."
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held
on Tuesday, the first day of July, 2002, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
?�I�I A
JE M. LEONC , City Clerk
HNNAL
AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES
This Agreement is made and entered into this 2nd day of July 2002, by and between the
CITY OF SAN RAFAEL (hereinafter "CITY'), and JAYNI ALLSEP, PLANNING AND
ENVIRONMENTAL CONSULTANT (hereinafter "CONTRACTOR").
RECITALS
WHEREAS, given the current workload of staff and the pace of land planning and
development activity, the CITY requires professional services to assist in the processing of planning
applications for proposed development projects.
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. Jayni Allsep 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 services as follows: the
CONTRACTOR agrees to provide professional planning services under the supervision of the
Principal Planner in conjunction with the CITY's implementation of Smith Ranch Pond mitigation,
processing of applications, including a proposal for a second unit at 25 San Pablo Avenue, and
follow-up on various other development projects, including St. Mark's School, Aldersly Assisted
Living Facility and Baywood Terrace Subdivision. 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
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and computer facilities. CITY shall provide CONTRACTOR with copies/sets of local plans,
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 as follows: hourly billing rate of $80.00 per hour. The billing amounts
authorized under this agreement shall not exceed $40,000.00.
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 July 2, 2002, and ending
on July 1, 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.
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.
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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 dollars ($1,000,000) 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 dollars ($1,000,000) 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 one million dollars ($1,000,000) 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 Paragraph 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
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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.
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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: Jayni Allsep
Project Director
10 Circle Drive
Tiburon, CA 94920
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
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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.
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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 570-31-6770, 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
ROD GOULD, City Manager
ATTEST:
JMNNNE M LEONCINI, City Clerk
irney
CONTRACTOR
By: J
Nam a' Allsep
Title: Principal
Exhibit A — List of Duties Required of Contract Planner
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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. Review of Project Applications for Completeness
1. Consistent with City requirements and State Permit Streamlining provisions, review
applications for completeness.
2. Coordinate and distribute plans and application materials to City departments and
pertinent agencies and organizations for 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.
B. Management of Environmental Review Process
1. Prepare Initial Studies, Negative Declarations and Mitigation Monitoring and Reporting
Programs consistent with the City's Environmental Review Guidelines and provisions of
CEQA.
2. If an EIR is required, prepare and distribute Notice of Preparation and Request for
Proposal (RFP) to select ETR consultant.
3. Manage and coordinate selection of EIR consultant, as required by City.
4. Manage EIR consultant work and coordinate review of draft documents by City staff.
5. Oversee publication and distribution of DEIR and Notice of Completion
6. Oversee preparation, publication and distribution of Final EIR
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C. Management and Review of Project Merits
1. Review project for consistency with San Rafael General Plan 2000 and pertinent Specific
Plan and/or Neighborhood Plan.
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.
4. Prepare staff reports and ordinances/resolutions with appropriate findings and conditions.
D. 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.
E. 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. Coordinate and attend meetings with project sponsor and representatives.
F. Administrative Tasks
1. Preparation of time sheets.
2. Preparation and submittal of monthly billing statements with time sheets.
3. Maintenance of City files on project in good order.
4. File closure, including preparation of final conditions of approval and filing Notice of
Determination.
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