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Home My WebLink AboutCC Resolution 12376 (Planning Staffing Services)RESOLUTION NO. 12 3 7 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH PACIFIC MUNICIPAL CONSULTANTS (PMC) FOR INTERIM PROFESSIONAL PLANNING STAFFING WITHIN THE CURRENT PLANNING SECTION OF THE COMMUNITY DEVELOPMENT DEPARTMENT (Agreement Term: November 19, 2007 through November 19, 2008, amount not to exceed $285,980.00) WHEREAS, on August 7, 2006, the City Council adopted Resolution No. 12009 approving an Agreement for Professional Planning Services with Pacific Municipal Consultants (PMC) for interim staffing within the Planning Division of the Community Development Department at a "not to exceed" amount of $68,000 and for a term extending from July 10, 2006 through December 10, 2006; and WHEREAS, on December 18, 2006, the City Council adopted Resolution No. 12166 approving an amendment to the Agreement for Professional Services with PMC, increasing the budget by $59,500.00 to a "not to exceed" budget of $127,500.00 and extending the term of the Agreement through March 31, 2007; and WHEREAS, on March 19, 2007, the City Council adopted Resolution No. 12212 approving the second amendment to the Agreement for Professional Services with PMC, increasing the budget by $90,480.00 to a "not to exceed" budget of $217,980.00 and extending the term of the Agreement through September 30, 2007; and WHEREAS, the Community Development Planning Division continues to have a vacant Assistant/Associate Planner position and has determined that continued interim professional planning services are needed to provide support to the Current Planning Division of the Community Development Department during recruitment for a vacant position within the Division and training of new personnel, as well as to assist with special projects that have been deferred due to the recent staffing shortage within the Division; and WHEREAS, to provide the necessary services to the Planning Division of the Community Development Department, the budget would need to be increased for the third time by an additional $68,000 (to a "not to exceed" budget of $285,980.00) and the term extended from November 19, 2007 to November 19, 2008. 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 third amendment to the Agreement for Professional Planning Services with Pacific Municipal Consultants (PMC), in the form attached herewith. 1 vp 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 Monday, the 19`h day of November 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 10' day of November 2007 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Pacific Municipal Consultants, dba PMC (hereinafter "CONSULTANT"). RECITALS WHEREAS, due to staffing shortages within the Planning Division and 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 supplement existing staffing during the timeframe necessary to complete recruitments for various vacant positions within the Planning Division. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend, the following sections of the Agreement for Professional Planning Services, approved on August 7, 2006, as follows: 1. PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. Raffi Boloyan, 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. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Philip O. Carter is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require substitution of the PROJECT DIRECTOR or CONSULTANT's assigned planning staff for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONSULTANT'S assigned planning staff shall perform the duties and/or provide professional services as Contract Planner. These services shall be performed under the supervision of the Principal Planner. Duties shall include the tasks described in the attached "Scope of Services", incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT an hourly rate of $87.00 per hour. Mileage shall be charged at the IRS rate, which is currently $0.485 per mile. The billing amounts authorized under this agreement shall not ; exceed $285,980.00 ($68,000.00 authorized under the initial Agreement, plus $59,500.00 authorized under the first amendment, plus $90,480.00 authorized under the second amendment, plus $68,000.00 authorized under this third amendment). Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. Payment by CITY shall be made within thirty days receipt of the CONSULTANT's monthly invoice. 5. TERM OF AGREEMENT. The term of this Agreement shall be for one year commencing on November 19, 2007, and ending on November 19, 2008, unless otherwise terminated under the provisions of this agreement. 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 a period not to exceed two (2) months. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Raffi Boloyan Principal Planner City of San Rafael 1400 Fifth Avenue (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 CONSULTANT: PMC 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Attention: Philip O. Carter All of the other provisions, terms and obligations of the Agreement for Professional Planning Services, executed on August 7, 2006, shall remain valid and shall be in force with the execution of this amendment. 1) cam, IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL K6n off, City Manager ATTEST: ANNE M. LEONCINI, City Clerk APPROI Gam' 0ky 'I Attachment: Scope of Services A.C? torney 3 CONSULTANT PMC By: / Name: Philip O. Carter Title: President 0-L1 SCOPE OF SERVICES CONSULTANT'S services to the City of San Rafael's Planning Division shall include the provision of an Associate Planner at the hourly rate of $87.00. Duties assigned by the CITY shall include: ■ Processing of discretionary and non -discretionary permits ■ Meeting with applicants and/or members of the general public regarding planning matters ■ Providing public counter services (including responding to telephone inquiries) ■ Preparation of staff reports (including resolutions related to actions on discretionary permits) ■ Preparing Initial Studies/Negative Declarations ■ Attendance and/or presentations at public hearings ■ Research ■ Performing Analysis ■ Writing ordinances ■ Other miscellaneous duties customarily performed by an Associate Planner within the City's Planning Division 4 n �, ACORD,. CERTIFICATE OF LIABILITY INSURANCE 9/04 /0MI 09/047 7 PRODUCER 1-949-729-0777 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hilb Rogal & Hobbs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Professional Practice Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2030 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 350 Irvine, CA 92614 INSURERS AFFORDING COVERAGE INSURED Pacific Municipal Consultants Dba: PMC INSURER A: TRAVELERS INDEMNITY COMPANY OF CT INSURERB:TRAVELERS PROPERTY CASUALTY CO OF AMERICA 2729 Prospect Park Drive, Suite 220 INSURER C: CONTINENTAL CASUALTY COMPANY (INSURER D: Rancho Cordova, CA 95670 I I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR LTR TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION _ nAT nnmt LIMITS A GENERAL LIABILITY 6804879L468 I 09/01/07 09/01/08 EACH OCCURRENCE 52,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) S 300,000 CLAIMS MADE FxI OCCUR MED EXP (Any one person) S 10,000 PERSONAL BADV INJURY S 2.000,000 _ I GENERAL AGGREGATE S 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG S 4,000,000 POLICY X FF Q F LOC B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS FGARAGE LIABILITY ANY AUTO I B EXCESS LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY BA4939L598 CIIP7166Y390 11GY177 OTHER C Professional Liability MCA254079593 09/01/07 09/01/07 09/01/07 09/01/07 09/01/08 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY f $ (Per accident) PROPERTY DAMAGE j$ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ 09/01/08 EACH OCCURRENCE $ 2,000,000 AGGREGATE +5 2.000,000 S $ $ 09/01/08 X WCSTATU- I OTH- I TORY ER E.L. EACH ACCIDENT S 1,000,000 II E.L. DISEASE - EAEMPLOYEd S 1,000,000 I E.L. DISEASE -POLICY LIMIT I $ 1,000,000 09/01/08 III Per Claim 51,000,000 Aggregate $3,000,000 5 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is named as an Additional Insured per attached endorsement. All operations of the named insured. The City of San Rafael, its officers, agents, employees and designated volunteers PMC Project: Contract Planning Staff CERTIFICATE HOLDER Y . ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Rafael DATE THEREOF, THE ISSUING INSURER WILL EXV4MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 9[PC}F941La0iQQC7C�U0�7��EPAYKXXX City Risk Manager Xpg{gg�p�({��G4gK1C127dFXAa1S'{ii0Gg7[7N�XOt7tK7C9t140[X 1400 Fifth Avenue San Rafael, CA 94915-1560 USA AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) coralim O ACORD CORPORATION 1988 6942149 POLICY NUMBER: 6804879L468 NOkyjI_:10t&IIil1:4 -"1 Pacific Municipal Consultants Dba: PMC COMMERCIAL GENERAL LIABILITY DATE ISSUED: 09/04/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): PROJECT/LOCATION OF COVERED OPERATIONS: 1. WHO IS AN INSURED (Section II) is 2. The insurance provided to the additional amended to include the person or insured by this endorsement is limited as organization shown in the Schedule follows: above as an additional insured on this Coverage Part, but: a. This insurance does not apply to the rendering of or failure to render any a. Only with respect to liability for "bodily "professional services". injury", "property damage" or "personal injury"; and b. The limits of insurance afforded to the additional insured shall be the limits b. If the injury or damage arises out of which you agreed to provide in a the performance, by you or your "contract or agreement requiring subcontractor, of "your work" on or for insurance" for that additional insured, the project, or at the location, shown or the limits shown in the Declarations in the Schedule above. Such person for this Coverage Part, whichever are or organization does not qualify as an less. This endorsement does not additional insured with respect to their increase the limits of insurance stated independent acts or for "bodily injury", in the LIMITS OF INSURANCE "property damage" or "personal injury" (Section III) for this Coverage Part. for which that person or organization has assumed liability in a contract or 3. The following is added to Paragraph a. of agreement. 4. Other Insurance in COMMERCIAL CG D3 82 09 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright, Insurance Services Office, Inc., 2001 GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and C. Before the end of the policy period. All other terms of your policy remain the same. CG D3 82 09 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1988