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HomeMy WebLinkAboutCC Resolution 11165 (Sign Ordinance Update Assistance; Paul Jensen)RESOLUTION NO. 11165
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH PAUL JENSEN FOR
ASSISTANCE NEEDED TO PREPARE A COMPREHENSIVE UPDATE TO THE CITY'S SIGN
ORDINANCE AND FOR FOLLOW-UP TASKS ASSOCIATED WITH IMPLEMENTATION OF
THE RANCHITOS PARK DEVELOPMENT PROJECT
(Term of Agreement: from September 4, 2002, and ending on September 3, 2004, for an Amount not to
Exceed $45,000)
WHEREAS, the City of San Rafael has determined that professional services are needed to
provide assistance needed to prepare a comprehensive update to the City's Sign Ordinance and for
follow-up tasks associated with implementation of the Ranchitos Park development project; and
WHEREAS, at the City's request, Paul Jensen has submitted proposals to provide assistance for
the work described above, including a list of anticipated activities/tasks and estimated budget, and said
proposals are attached to the Agreement for Professional Services as Exhibits "A" and `B;" and
WHEREAS, the Community Development Department's budget for fiscal years 2001— 2003
includes funding for preparation of a comprehensive Sign Ordinance Update; and
WHEREAS, the developer of the Ranchitos Park project has agreed to pay all consultant costs
associated with the follow-up tasks needed for project implementation.
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 Paul Jensen 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 third day of September, 2002, by the following vote, to wit:
AYES: COUNCILMEMBERS: Hel l er, Mi 1 I er, Phi 11 i ps and Vi ce-Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
JE M. LEONCINI, City Clerk
�bI
AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES
This Agreement is made and entered into this 4th day of September 2002, by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and PAUL A. JENSEN, AICP (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
preparation of an updated Sign Ordinance and for follow-up tasks associated with implementation
of the Ranchitos Park development project.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative of the CITY for all purposes
under this Agreement. 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. Paul A. Jensen 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. These services shall be performed under the supervision of the Principal Planner, in
conjunction with the CITY's preparation of an updated Sign Ordinance and follow-up tasks
associated with implementation of the Ranchitos Park development project. Duties shall include
the tasks described in the attached Exhibits "A' and `B" from Paul A. Jensen dated August 15,
2002, 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
fi%(Ipw
08:28 02 1
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 an hourly rate of $90.00 per hour. The billing amounts authorized under this
agreement shall not exceed $45,000.00.
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 September 4, 2002, and
ending on September 3, 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 convect 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.
08/2802 2
S. 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.
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 insured under the
policies.
08 28.02 3
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.
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
08.28.02 4
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 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 CONTRACTOR: Paul A. Jensen, AICP
77 Mark Drive, Suite 32
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.
08.2802 5
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.
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.
0828 02 6
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 560-06-6782, 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
G
ROD GOULD, City Manager
ATTEST:
JEJA M. LEONCIM, City Clerk
GARY T.
Attachments:
Attorney
CONTRACTOR
By:�G�.c,cA� .Gtd./vt..
Name: Paul Jensse
Title: Sole Proprietor
1. Exhibit "A" - Proposal for Planning Services and Budget for Ranchitos Park Development,
dated August 15, 2002
2. Exhibit `B" — Proposal for Planning Services and Budget for Sign Ordinance Update dated
August 15, 2002
os 2&02
i 1 )
7
EXHIBIT A
Proposal for Planning Services and Budget
Ranchitos Park Development — Final Design and Construction Phase
August 15, 2002
Task Activity/Task Budgeted
No. Hours
1 Off-site Native Grassland Mitiqation 50 Hours
Coordination of and participation in off-site native grassland mitigation program.
Activities and tasks to include:
• Coordinate and schedule meetings with City staff and City Attorney to
discuss off-site mitigation options on City -owned open space land (Oakhill -
Hartzell site).
• Assist in determining appropriate process needed to pursue mitigation on
City -owned open space.
• Distribute and review off-site native grassland mitigation plan and report to
City staff and appropriate agencies.
• Prepare CEQA document for mitigation program on selected site.
• Coordinate and prepare report and public notice for City Council review and
action on mitigation plan and use of City -owned open space.
2 Final Desiqn Review 30 Hours
Process and review construction plans for final review by Design Review Board.
Activities and tasks to include:
• Meetings with project sponsor, project architect, City staff and others, as
needed.
• Plan review
• Preparation of reports and DRB meeting notice
• Attendance at one DRB meeting
• Attendance at one City Park and Recreation Commission meeting
3 Final Map Review 30 Hours
Review Final Map, improvement plans, final Conditions, Covenants and
Restrictions, review final mitigation programs for compliance with conditions of
project approval and implementation of EIR mitigation measures.
4 Buildinq Permit Application Review 20 Hours
Review building permit plans for all phases of project for compliance with
conditions of project approval and implementation of EIR mitigation measures.
Conduct site inspections, as needed.
5 Mitiqation and Construction Monitorinq 50 Hours
Monitor project through grading, construction and occupancy. Monitor grading
and construction for compliance with and/or implementation of EIR mitigation
measures.
Total: 180 Hours
Hourly $16,200
Rate of
$90.00
C:/prprch2.doc
EXHIBIT B
Proposal for Planning Services and Budget
San Rafael Sign Ordinance Update (SRMC Title 14, Chapter 19)
August 15, 2002
Task Milestone Tasks to be Completed for Each Milestone
No.
1. Kick -Off & Initiate meetings with City staff and City Attorney's Office.
Introduction Coordinate identification of goals and objectives.
Finalize work program.
2. Research and
Gather ideas and concepts for ordinance update to
Review
include meetings with Planning, Redevelopment Agency
and Code Enforcement staff
Gather ordinances, regulations and guidelines adopted in
other communities. Provide summary table.
Review State of California regulations and limitations to
determine First Amendment rights.
Determine which existing sign types will require a Citywide
inventory. Coordinate and direct student interns in
preparing inventory.
3. Community
Coordinate, schedule and host workshops with Chamber
Outreach —1
of Commerce, BID, sign industry representatives, DRB,
Planning Commission, Federation of Homeowners and/or
VIA to present and gather concepts/ideas.
4. Prepare Draft
Prepare summary of recommended changes (what is to
Ordinance Update
be deleted, what is to be added to ordinance).
Prepare format for updated/revised ordinance.
Prepare draft ordinance in consultation with City
Attorney's Office.
5. Community
Outreach — 2
6. Complete
Revisions to Draft
Sign Ordinance
Update
7. Public Review
8. DRB and Planning
Commission
Review and
Recommendations
9. City Council
Review and Action
Total:
Hourly
Rate of
$90.00
C:\prpsgn'..doc
Coordinate, schedule and hold two (2)
workshops/community meetings to present draft ordinance
update.
Complete revisions to draft ordinance update.
Prepare Initial Study (Negative Declaration) required for
CEQA clearance.
Prepare public hearing notice. Coordination of and
responding to inquiries during public review process.
Public review period to correspond with public review for
Negative Declaration.
Prepare staff reports for and attend one (1) Design
Review Board meeting and one (1) Planning Commission
hearing.
Prepare staff report for and attend one (1) City Council
hearing.
Budgeted
Hours
20
50
30
130
20
50
10
30
20
260 Hours
$23,400
AOORD CERTIFICA E OF LIABILITY INSU ANCkULA-D EG 9 I DATE(MM/DD/YY)
02/20/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH of Northern CA/Novato ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
57-110308-NP-OC-XSA HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P . O . Box 33015 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Antonio TX 78265-3015
Phone: 888-474-5987 Fax: 210-738-1743 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Hartford Casualty Ins Co
INSURER B:
Paul A. Jensen AICP INSURER C:
77 Mark Drive quite 32 INSURER D:
San Rafael CA 94903
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.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I L{MITS
LTR DATE (MM/DD/YY) DATE (MMIDD/YY)
GENERAL LIABILITY
I EACH OCCURRENCE
S 1000000
A X COMMERCIAL GENERAL LIABILITY 57SBAEL5908
03/24/02 03/24/03 I FIRE DAMAGE (Any one fire)
S 300000
CLAIMS MADE FX� OCCUR
I MED EXP (Any one person)
$ 10000
I EACH OCCURRENCE I $
PERSONAL&ADV INJURY
1$1000000
GENERAL AGGREGATE
1$2000000
GEN'L AGGREGATE LIMIT APPLIES PER:
I PRODUCTS - COMP/OP AGG
I $ 2000000
7 POLICY n JECT n LOC
I WCSrAILIMITS-I IUEIH-
EMPLOYERS' LIABILITY
AUTOMOBILE LIABILITY
I COMBINED SINGLE LIMIT
I $1000000
ANY AUTO
(Ea accident)
ALL OWNED AUTOS
INJURY
I s
=BODILY
SCHEDULED AUTOS
(Per person)
A X HIRED AUTOS 57SBAEL5908
03/24/02 03/24/03
X NON -OWNED AUTOS
I BODILYINJURY
(Per accident)
$
PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY
I AUTO ONLY - EA ACCIDENT I $
ANY AUTO
EA ACC I $
OTHER THAN
AUTO ONLY: AGG I S
EXCESS LIABILITY
I EACH OCCURRENCE I $
I OCCUR E CLAIMS MADE
IAGOREGATE IS
Is
DEDUCTIBLE
I I $
RETENTION S
$
WORKERS COMPENSATION AND
I WCSrAILIMITS-I IUEIH-
EMPLOYERS' LIABILITY
TORY R
E.L. EACH ACCIDENT Is
E.L. DISEASE - EA EMPLOYE $
E.L. DISEASE - POLICY LIMIT I $
OTHER
i
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
*Except for 10 days non-payment. For inquiries call 1-888-474-5987.
CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER:CANCELLATION
CI ---
14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of San Rafael
Community Development Dept.
Attn: Kristie Richardson
P.O. Box 151560
San Rafael CA 94915-1560
ACORD 25-S (7/97)
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