No preview available
HomeMy WebLinkAboutCED On-Call Planning Services 2024AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND RATCLIFFE CONSULTING LLC FOR ON- CALL PLANNING SERVICES This Agreement is made and entered into as of Oct 29, 2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and RATCLIFFE CONSULTING LLC, a California limited liability company (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RF.f iTAT,C A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT 1. SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated August 9, 2024 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed Rev 08 22 1 $75,000. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on September 10, 2025. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Margaret Kavanaugh -Lynch, 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Christina Ratcliffe is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 5. 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 parry 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 parry 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 CONSULTANT and any and all of CONSULTANT'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. voa22 2 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT 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. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 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. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT' obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, v 08 22 CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT 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, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. NONDISCRIMINATION. CONSULTANT 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. 12. COMPLIANCE WITH ALL LAWS. CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT 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. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one parry, under the terms and conditions of this Agreement, to the other parry. v 08 22 4 14. 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's Project Manager: To CONSULTANT's Project Director: Margaret Kavanaugh -Lynch, Planning Manager Christina Ratcliffe 1400 Fifth Avenue Ratcliffe Consulting LLC San Rafael, CA 94901 PO Box 6101 1191 Solano Ave. Albany, CA 94706 15. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. 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 CONSULTANT 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 CONSULTANT 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. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. 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. 19. 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. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay 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 CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERM Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, v 08 22 6 each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. [Signatures are on the following page.] v 08 22 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: 5::10-4 Cristine Ahlovch (Oct 29, 2024 07:39 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney klobse T i5blteih Robert F. Epstein (Oct 28, 102412:40 PDT) ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk B✓ehna NUrYni (fa✓) Brenna Nurmi (For) (Oct 29, 2024 07:41 PDT) LINDSAY LARA, City Clerk 08.22 8 CONSULTANT: Ratcliffe Consulting 'LLC By: �•1�"7�` Name: Christina Ratcliffe Title: Principal [If CONSULTANT is a corporation, add signature of second corporate officer] By: Name: Title: EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev 08.22 A-1 RATCLIFFE CONSULTING PLANNING - MANAGEMENT August 9, 2024 Margaret Kavanaugh -Lynch Planning Manager 1400 Fifth Avenue, Top Floor San Rafael, CA 94801 Via e-mail: Margaret. Kavanaugh-Lynch@CityofRafael.org Ms. Kavanaugh -Lynch, At your request, Ratcliffe Consulting is pleased to submit this Statement of Qualifications to assist San Rafael in the efficient review and processing of complex planning projects on an as -needed basis. In June of 2024, after over 30 years of Planning experience with jurisdictions in the Bay Area, I began Ratcliffe Consulting. The goal of this venture is to leverage my decades of experience in Northern California land use planning to assist select jurisdictions, agencies and nonprofits in the creation of housing and catalyst projects that contribute to economic growth and sustainability. Over the last thirty years I have: • Served as Director of Planning, Building, Engineering, Code Enforcement and Economic Development Departments, • Managed numerous complex discretionary planning projects, including shepherding them through the CEQA/NEPA process, • Facilitated countless workshops and community meetings, • Staffed and presented before numerous Boards, Councils and Commissions, • Written Zoning Code, General and Specific Plan amendments and updates, • Successfully applied for and managed multiple grants, • And many other projects/duties Ratcliffe Consulting brings a wealth of experience in managing complex projects, ensuring that the project is processed efficiently with timely, clear communication with the applicant,City staff and the community. Attached is a selection of my qualifications. Should you wish references, I am happy to provide them. Hours, Rate. & Expectations Average hours for San Rafael are assumed to be up to 20/week, although this can be increased for a limited time as needed for individual projects. Hourly billing rate is $195. Hourly rate is subject to revision annually on July 1. The rate is firm for the first year of the agreement. Work can be performed remotely or on -site, as needed. It is clearly understood that Ratcliffe Consulting LLC is a contractor to the City. It is anticipated that any work product will be delivered electronically. Any requirement for hard copies will be billed at cost plus 20%. Invoices will detail work in 30 minute increments, or as directed by the City. The invoices will be submitted monthly and shall reference the project title and application number (if applicable) and will include a running tab of the remaining budget. I appreciate the opportunity to submit this Statement of Qualifications to the City of San Rafael. Please let me know if you need any additional information. I welcome the opportunity to meet with you and discuss possible next steps. Looking forward to hearing from you, a vXa Christina Ratcliffe, AICP (she/her) Principal 510-666-7097 christina@ratcliffe.net Christina Ratcliffe, AICP (she/her) Principal ChristinaCa Ratcliffe. net 510-666-7097 Experience and Qualifications RATCLIFFE CONSULTING PLANNING -MANAGEMENT have over thirty years of experience managing planning and economic development programs and projects. This includes experience with Planning, Building, Engineering, Code Enforcement and Economic Development Divisions in various cities. I also have experience managing multiple offices for a private consulting firm serving public agencies. I have worked on both sides of the counter in conjunction with elected officials, senior management, line staff, community groups, state and regional agencies, developers and nonprofits to define community goals and move projects forward to achieve those goals. Contract Planning -Assistance City of Vallejo July, 2024-present Review of a Bureau of Indian Affairs of an Environmental Assessment (EA) for a conversion too land to trust lands for a casino, housing and tribal administration structures. This project involves wetlands, waters of the US and species of concern, as well as wildfire, safety, and geotechnical concerns. Bringing forward Zoning Code Amendments to Design Review Board, Planning Commission and City Council. This involves substantive as well as clean-up items, as well as amendments mandated by HCD. Planning and Development Director City of Vallejo — 2020-2024 Management of a Planning, Building and Code Enforcement Divisions with a full-time staff of 35 plus several consultants. Work included budget projections and management, coordination with other departments, elected officials and outside agencies, as well as extensive community outreach. Key projects included: • Three -Element Update: Safety, Environmental Justice and Housing Elements • Transition Code Enforcement Division into the Department • Wrote Successful Grants for Waterfront and Downtown Specific Plan updates • Coordination with Mare Island Developer on Specific Plan Update • Comprehensive Zoning Code update (first since early 90's) Staffed City Council and four Commissions/Boards Shepherded several controversial projects: Project Homekey: ministerial, wrote grant to partially fund project, there was a legal challenge, which failed Navigation Center: ministerial, assisted in identifying appropriate City -owned property Elite School in Downtown: Planning Commission approval, appealed to Council, who ultimately denied the project Community and Economic Development Director City of Martinez — 2017-2020 Responsible for all aspects of Planning, Building, Engineering and Economic Development Divisions (CED Department), including budget, hiring, training, and managing of staff. Key accomplishments included: • Developed and implemented COVID policies and protocols for Department as well as operational changes to the City Hall Building • Worked with Executive Team on budget reductions, including freezing positions and layoffs in response to COVID revenue losses • General Plan Update/FEIR • Assisted in drafting Measure F (2019) • Oversight and Preparation of Economic Development Action Plan • Preparation of new ADU and Objective Design Standards ordinances • Preparation and adoption of Commercial Cannabis Ordinance • Oversaw timely preparation and submittal of Trust Lands Use Plan to State Lands Commission • Coordinated purchase of property to create a City -owned block for future development • Lobbying WETA to re-establish Ferry service • Northern Waterfront Economic Development Initiative (NWEDI): Regional cluster - based economic development strategy with Contra Costa County and seven partner cities Community Development Director City of Benicia 2015-2017 Responsible for all aspects of development, including management of full-time staff of nine and up to six consultants in the Planning and Building Divisions. Duties include overseeing working with other departments on streamlining economic development and improving customer service, budget and projections, training and retention of staff, coordination between departments on development projects, public presentations to Council, Commissions and Boards and staff to five Commissions. Accomplishments in the last year of service include: • Crude By Rail: Difficult and prolonged project with an amazing amount of public participation • Northern Gateway application and workshops: A sensitive political project with a lot of public interest. • Vulnerability Assessment and Adaptation Plan: Multiple meetings and revisions to this multi -year plan, accepted by the Council in 2016. • TEC Plan/IS/MND: multi -year project that should be adopted by City Council in June 2017. • LAFCO MSR update • Cool California Challenge: Responsible for organizing and outreach efforts Benicia placed 3rd. • Water Reuse Project: Work with Public Works Department's CEQA consultant on IS/MND • LHMP • Mills Act Program workshops: possible revisions to the program • CDBG funds distribution: tentatively June, 2017 • Downtown Parking discussion/issues in coordination with ED, PD, PW and Chamber and Main Street • FEMA map update workshops/outreach • Building Division changes to organization/policies and procedures Ordinance/GP amendments: Complete Streets and ALUC GP Updates Floodplain ordinance update Medical Marijuana ordinance Large Family Day Care ordinance Density Bonus ordinance Building Code update CalGreen/Recycling ordinance Senior Planner City of Orinda — 2013-2015 Duties included: Assist and advise customers at the counter. Review of planning projects for consistency with applicable rules and regulations, including ordinances, general plan, environmental compliance and other related areas. Write Staff Reports and Negative Declarations. Staff and present items to Planning Commission. Write updates for City's web page and contribute to City Newsletter. Process subdivisions and complex development projects, including management of consultants' preparation of EIRs. Assist with management of the fourth and fifth cycle Housing Element updates. Supervise implementation of Orinda's BMR Housing program. Coordinate with Moraga-Orinda Fire Department, Contra Costa County Building Department, and City Departments on various projects, including Emergency Operations. Supervise four planners and administrative staff. Serve as Acting Planning Manager as needed. Independent Consultant, part time 2011-2015 Worked with a non-profit in Berkeley developing a mixed -use project that included a LEED-Platinum rated residential, retail, and community service components. This included coaching the group to achieve a unified mission/ vision, revaluate the economic analysis and pro formas of potential project options, review various designs and required entitlements. Planner I City of Alameda — 2011-2013 Duties included: Assist and provide advice to customers at the public counter. Review of planning projects for consistency with applicable rules and regulations, including Design Review Guidelines, Zoning Ordinance, General Plan, environmental compliance. Also responsible for the review of ministerial and discretionary current planning applications, including environmental and site development review. Write and post public notices, write Staff Reports, memos and resolutions, project approvals, denials and conditions of approval. Integrate Planning and Building Division services to make the applicant experience seamless and painless. Designated Planner to work with code enforcement resolution. Interim Senior Planner Neal Martin & Associates — 2010-2011 Interim Senior Planner for the Town of Atherton. Duties included: Assist and advise customers at the public counter. Review of planning projects for consistency with applicable rules and regulations, including ordinances, general plan, environmental compliance and other related areas. Write Staff Reports, Negative Declarations; staff and present items to Planning Commission. Assist with code enforcement activities. Give guidance and training to the Assistant Planner. Drafted the Town's Green Building Ordinance in collaboration with the Building Official. Senior Associate Pacific Municipal Consultants (PMC) — 2002-2010 Opened the Bay Area and Arizona offices for this 200+ planning consulting firm. Hired, trained and supervised up to 30 planners, including Project Managers for various CEQA projects, General Plans, Conservation and Resource Management projects, Redevelopment services, Specific Plans, Staffing contracts, and other projects. Lead marketing and business development for Bay area and Arizona service areas. Part of PMC's management team, and one of the founding members of the sustainability group within PMC. I am proud to have contributed to Carbon Conscious, an arm of PMC that acts as a collaborative movement designed to reduce the impacts of climate change through climate action policies, mindful resource planning, community engagement and sustainable practices, with the goal of facilitating positive environmental change on a larger scale. While at PMC, I was also actively involved in the following projects: ■ CITY OF SUNNYVALE CAP/LUTE EIR. Project Manager for the Program EIR evaluating the updated Land Use and Transportation Element for Sunnyvale. A complex project coordinating development of a Climate Action Plan and EIR with significant public outreach. With a very involved citizenry, aggressive time line and limited budget, this was an interesting project. ■ CITY OF PINOLE, GENERAL PLAN UPDATE. Served as Project Manager for this Sustainable General Plan Update. Pinole's focus is on enhancing and sustaining their small-town feel, expanding walkability and access to the Bay and Creek. ■ CITY OF PINOLE, THREE CORRIDOR SPECIFIC PLAN Served as Project Advisor for these three Specific Plans to address not only circulation issues and focusing redevelopment efforts, but addressing commercial/housing balance and design. ■ Transportation 2035- Change In Motion. Served as facilitator for the San Francisco Bay Area MTC, ABAG, BCDC, BAAQMD group outreach effort to form regional policies and actions to reduce greenhouse gas emissions by focused planning between local and regional agencies. Ongoing facilitation work with groups of 12 to 100 decision makers. ■ CITY OF PINOLE, INTERIM PLANNING MANAGER. In charge of Planning, Building and Code Enforcement during Planning Manager's extended leave of absence. Duties included acting as Secretary to the Planning Commission and Design Review Board, supervising a staff of six, working closely with interim City Manager and Redevelopment Agency on major projects in the City. ■ SOLANO COUNTY, EXPANSION OF THE POTRERO HILLS LANDFILL. Managed this complex and controversial project that proposed an expansion of an existing landfill within the Secondary Management Area of the Suisun Marsh. Issues included endangered species and sensitive habitat, an aging portion of the landfill with a degraded liner, multiple entitlements, managing the EIR consultant, dealing with an involved public, press, public agencies,(including the US Air Force), and writing and presenting Staff Reports at numerous public meetings. ■ SOLANO COUNTY, EXPANSION OF THE HAY ROAD LANDFILL. Managed this expansion of an existing landfill in Solano County. The expansion included expanding the footprint and height of the landfill, as well as adding a compost area to handle food and green waste. Issues included odour, vermin and avian control and assessing impacts to traffic circulation in the area. • CITY OF TRACY, WAL-MART EXPANSION EIR. Served as Project Director for this expansion project. A politically sensitive project, this required clear and frequent communication and coordination with the City, sub -consultants and the community on this high profile project. ■ CITY OF TRACY, TRACY YOUTH SPORTS FACILITY EIR. Served as Project Director for the Initial Study and EIR for the development of 55 ball fields on a 200-acre site. Duties included refining the project description and working with several City and County agencies involved in the process. Environmental issues include neighborhood land use compatibility, possible displacement of endangered species, and impacts to local circulation patterns. ■ SOLANO COUNTY, SENIOR PLANNER. As a contract Planner, responsibilities included writing Initial Studies, Staff Reports, processing Use Permits and Subdivision applications as well as ministerial applications, management and preparation of EIRs for landfill projects; including tracking time lines, budgets, peer review of the documents, and presentations at public hearings. ■ TRACY UNIFIED SCHOOL DISTRICT, TRACY LEARNING CENTER EIR. Assisted in preparing an EIR for the proposed Tracy Learning Center, a charter school campus for up to 2,400 K-12 students. Key EIR issues addressed include land use (and land use compatibility), aesthetics and biological impacts. ■ CITY OF RICHMOND HOUSING ELEMENT UPDATE. Assisted in preparing an update for the City's Housing Element. Work involved extensive research, facilitation of numerous public workshops and meetings and coordinating with staff in refining policies and realistic goals for the City. Associate Planner City of Berkeley — 2000-2002 Primary responsibilities included staffing the public counter, writing zoning amendments, public presentations before the Planning Commission, Zoning Adjustments Board and City Council, and shepherding the amendments through the public process. I was also responsible for the review of ministerial and discretionary current planning applications, including environmental and site development review, and preparation of Initial Studies. My work also entailed mentoring an Assistant Planner. One of my last projects at Berkeley was the Bachenheimer Building at 2119 University. This 5-story project was the first project in Berkeley to be categorically exempt under CEQA as an in -fill project. This is a mixed -use project with 44 residential units, including seven low-income permanently affordable units and 30 parking spaces. An exemption from required parking spaces was granted, in large part due to the projects proximity to public transit. This was a highly controversial project, with numerous community workshops in a community known for their involvement. Assistant Planner City of Saratoga — 1997-2000 Performed counter work, design and site development review, including grading and landscape plans; preparation of Initial Studies, review of proposals for the Historic District, and presentations before the City Council, Planning Commission, and other commissions and community groups. Created an Executive Summary for the existing 25-year old General Plan to assist in the future update. I also assisted in supervising Contract Planners. Assistant and Associate Planner Contract Staff work for PMC — 1995-1997 Drafted a CDBG Planning/Technical Assistance grant for the Sand City General Plan Update. Developed a tracking and prioritization system for 25 projects for the City of Menlo Park. ■ CITY OF SAN JUAN BAUTISTA STAFF SUPPORT. Provided General staff support, including: providing planning, zoning and Historic District information to the public. Responsible for reviewing all planning applications, as well as preparing and presenting staff reports to the Planning Commission and City Council. Assisted in developing a Draft Design Review Ordinance, responsible for setting up an application submittal and streamlining system, including the preparation of public information handouts. Other responsibilities included researching grant opportunities for repair and replacement of storm and sanitary sewer infrastructure, review of development proposals, coordinating with the City Attorney, City Engineer and Building Inspector, as well as conferring with the City Manager to develop policies related to Planning. ■ PACIFIC BELL MOBILE SERVICES. Responsible for the acquisition of planning approvals for over 70 cellular antenna installations in more than a dozen Bay Area jurisdictions. Oversight of the application process from preliminary zoning research and site evaluation to application preparation, agency relations and public hearing presentations. Established and maintained public agency contacts to facilitate permit processing. Coordinated with engineering, architectural and real estate groups in site selection and facility design. Trained and supervised three Assistant Planners. Intern (part time volunteer position) City of Berkeley — 1991-1993 ■ WEST BERKELEY PLAN. Assisted in research and editing for the West Berkeley Redevelopment Plan. Facilitated Public Action Committee (PAC) meetings and organized input to the West Berkeley Plan. The project combined environmental clean-up, economic development, urban design, and active public involvement to revitalize an historic district in Berkeley. ■ LIVEIWORK HOUSING DEVELOPMENT. Provided background research and prepared a comparative study of Live/Work structures in Berkeley. Prepared pro-formas, RFPs, and evaluation guidelines for proposals. MCP Program at UC Berkeley Mare Island Redevelopment Plan As part of a team of student planners, developed an integrated plan for the redevelopment of Mare Island Naval Station. Included in this project were research and projections on population, economic development, transportation, and environmental conditions on the Island. The redevelopment plan included labor retraining, economic development, housing, transportation, environmental clean up and protection of endangered species. Gibson and Associates Drug Rehabilitation Court Plan and Evaluation While studying at UC Berkeley, I helped to develop the San Francisco Drug Rehabilitation Court, including research, siting of facility, funding and design of a service delivery system. This included working with extremely diverse groups, some with competing agendas, to arrive at consensus and finally support for the project. I also designed an evaluation of the drug court and wrote successful grants to fund both the program and the evaluation. Education BA Urban Studies, SFSU, 1993, Masters work: City and Regional Planning, UC Berkeley, 1993-1995 Professional Affiliations American Planning Association, since 1993 American Institute of Certified Planners, since 1998 Bay Area Planning Directors Association, Steering Committee Member, 2015-2024 Cal APA Northern Section Board Member, Professional Development Officer 2002-2004 & 2009-2010. 2009 Awards Juror, Cal APA Northern Section Teaching Experience AICP training classes: Code of Ethics, Public Interest and Social Justice, and Plan Making and Implementation Sections, 2004, 2005, 2008, 2009, 2010 UC Berkeley, DCRP Teaching Assistant, 2 years Presentations People Quit Bosses: Strategies to not be that Boss (or Manager), and strategies to get what you need from your manager, Presenter, CA APA conference, 2023 Time Management for Harried Planners: Creator, Moderator and presenter, CA APA conference 2008, 2009, 2015 The Intersection of Sustainability and Historic Preservation: Presenter, at a workshop for the Benicia Downtown Merchant's Organization, 2009 Using Powerful Visual Representations to Communicate Complex Data: Organizer and moderator: ABAG/APACAN joint brown bag, 2007 Preparing for the AICP Exam: Presenter, CA APA Conference, 2006 Awards Cal APA Northern Section: Outstanding Student Scholarship, 1995 DCRP Students, UC Berkeley: The Rosie the Riveter We Can Do It!Award, 1995 UC Berkeley, College of Environmental Design Alumni Association Professional Promise Award, 1994-95 UC Berkeley, College of Environmental Design Council Fellowship, 1993-94 San Francisco State University, Honors Convocation Honoree, 1992 Other Volunteer Powerful Things You Can Do to Save Our World: Think Green Presentations to Albany Elementary, 4th and 5th grade classes. 2007 & 2008 What is City Planning? Hands-on 1-hour workshop for Albany 2nd and 3rd graders, 2004-2005. Writing and presentation samples available upon request— EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. 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. Professional liability. 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) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Rev 08 22 B-1 ISO form CG20 0104 13 3. Except for professional insurance, the insurance policies shall include, contractual liability and personal injury. liability insurance or workers' compensation in their text or by endorsement, coverage for 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. 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. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any v 08 22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self -insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. 09 22 B - 31 �P,� RAP 1 2 y0 �iT y w I T H CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community and Economic Development Project Manager: Margaret Kavanaugh -Lynch Extension: 3095 Contractor Name: Ratcliffe Consulting LLC Contractor's Contact: Christina Ratcliffe Contact's Email: christina@ratcliffe.net ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT Project Manager a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 n/a f7 9/9/2024 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 9/17/2024 and return to Project Manager 9/17/2024 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ® NT 3 Department Director Approval of final agreement form to send to Click or tap contractor to enter a Project Manager date. Click here to 4 Forward three (3) originals of final agreement to contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement © N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 10/28/2024 MKL Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement Review and approve insurance in PINS , and bonds 8 City Attorney (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager Profession al-Services-Ag reement-Ratcliffe Consulting LLC Final Audit Report Created: 2024-10-28 By: Laraine Gittens (laraine.gittens@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAj_Oroa4W7w1SX5NyUkQxTOaQCRQWKBXW 2024-10-29 "Professional -Services -Agreement -Ratcliffe Consulting LLC" His tory Document created by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-10-28 - 7:28:32 PM GMT P-4 Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-10-28 - 7:30:26 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-10-28 - 7:40:37 PM GMT 6Q Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-10-28 - 7:40:52 PM GMT 6© Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-10-28 - 7:40:54 PM GMT - Time Source: serer '. Document emailed to Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) for approval 2024-10-28 - 7:40:56 PM GMT Email viewed by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) 2024-10-28 - 8:02:09 PM GMT 64 Document approved by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) Approval Date: 2024-10-28 - 8:02:18 PM GMT - Time Source: serer Cy Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-10-28 - 8:02:23 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-10-29 - 2:39:26 PM GMT 0 Adobe Acrobat Sign d© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovch 2024-10-29 - 2:39:53 PM GMT 4 Document e-signed by Cristine Alilovch (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-10-29 - 2:39:55 PM GMT - Time Source: server E'y Document emailed to brenna.nurmi@cityofsanrafael.org for signature 2024-10-29 - 2:39:57 PM GMT f!l Email viewed by brenna.nurmi@cityofsanrafael.org 2024-10-29 - 2:41:09 PM GMT 40 Signer brenna.nurmi@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-10-29 - 2:41:24 PM GMT �S© Document e-signed by Brenna Nurmi (for) (brenna.nurmi@cityofsanrafael.org) Signature Date: 2024-10-29 - 2:41:26 PM GMT - Time Source: server ® Agreement completed. 2024-10-29 - 2:41:26 PM GMT a Adobe Acrobat Sign