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HomeMy WebLinkAboutCC Resolution 11571 (CD Employment Agr.; Paul Jensen)RESOLUTION NO. 115.7.1 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH PAUL JENSEN FOR ASSISTANCE IN MANAGING THE CURRENT PLANNING SECTION OF THE COMMUNITY DEVELOPMENT DEPARTMENT (Term of Agreement: from June 22, 2004, and ending on December 22, 2004, for an Amount not to Exceed $25,000) (Term of Agreement may be extended for an additional period of 12 months, with approval of City Manager) WHEREAS, the City of San Rafael has determined that professional services are needed to provide assistance needed to provide interim management of the Current Planning Section of the Community development department due to a vacancy in a Principal Planner position; 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; and WHEREAS, the Community Development Department's budget for fiscal years 2003 — 2004 includes funding for such assistance due to savings from the vacant position; 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 "l". 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 21" day of June, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS None JE . LEONCINI, City Clerk NUNA L ��51` AGREEMENT FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 22nd day of June, 2004, 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 vacancy in the Principal Planner position which supervises the Current Planning Section, the CITY has determined that professional services are needed to assist in interim management of the Current Planning Section and attendance at Planning Commission meetings. 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 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 including the tasks described in the attached Exhibit "A', incorporated herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as follows: the CITY shall provide suitable workspace, if necessary, which is accessible to telephone and computer facilities. CITY shall provide CONTRACTOR with copies/sets of local plans, ordinances and reports that are pertinent to the project that has been assigned to the CONTRACTOR. 06/15/04 1 U �� 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 $25,000.00. 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 6 months commencing on June 22, 2004, and ending on December 22 , 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. 06'15104 2 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. 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. 06/15/04 3 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. 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. 06/15/04 4 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Linda Jackson 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 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 06/15/04 5 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. 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. 06/15/04 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 ATTEST: JLVARRNE M. LEONCM, City Clerk Attachments K& ity Attorney 06/15/04 7 CONTRACTOR Name: Paul A. Jensen Title: Sole Proprietor PAUL A. JENSEN, AICP Policy/Environmental Planning and Processing 77 Mark Drive, Suite 32 San Rafael, California 94903 (415) 479-9438 FAX (415) 472-3187 June 15, 2004 Robert Brown, Director Community Development Department City of San Rafael P.O. 151560 San Rafael, CA 94915-1560 Subject: Proposal for Interim Staff Planning Services Dear Mr. Brown: Thank you for meeting with me to discuss interim staff planning services for your department. With the departure of Kristie Richardson, Principal Planner, you have indicated that you will need some staff assistance until her position is filled. This assistance would involve managing current planning staff and activities, including but not limited to the following: 1. Attending weekly current planning staff meetings. 2. Reviewing staff reports, environmental documents, Planning Commission agendas and hearing notices, as well as reports, as needed. 3. Providing assistance and direction to current planning staff, which would include individual meetings with staff to discuss projects and/or planning issues. 4. Attending Planning Commission meetings (twice/month). 5. Attending meetings with applicants, as needed. At present, I am proposing to offer a commitment of 10 hours per week. However, I am prepared for provide additional hours of work in order to meet specific deadlines for projects. The services would be charged on a time and material basis at a rate of $90.00 per hour. Thank you for considering me for this service. If you have any questions, please feel free to contact me at 415.479.9438 or e-mail me at iensenaicpna-aol.com. Sincerely, Paul A. Jensen C:/prpsrstf.dcc EXHIBIT A J DTE A.CORD. CERTIFIC. - "E OF LIABILITY INS_UR..,VCE UOD 01-16A 2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH OF NO CALIFORNIA INS—PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110308 P: (8 8 8) 474-5987 F: (8 7 7) -905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. BOX 33015 I SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE L INSURED ; INSURER A:Hartf ord Casualty Ins Co INSURER B: PAUL, A. JENSEN, AICP INSURER C: 77 MARK DRIVE, SUITE 32 INSURER D: SAN RAFAEL CA 94903 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. WSRru:ki ttte%rryru .n. e : r aImTI ` LTR I TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD/YY) DATE IMM/DDI UMFTS GENERAL LIABILITY EACH OCCURRENCE [ $1, 0 0 0 0 0 0 A COMMERCIAL GENERAL LIABILITY 57 SBA EL5 9 0 8 03/24/04 03/24/05 1 FIRE DAMAGE (Any one fire) , 1s300,000 I CLAIMS MADE U OCCUR I MED EXP (Arty one person) I $10,000 _ X Business Liab PERSONAL &ADV INJURY 141, 000, 000 I GENERAL AGGREGATE I s2 , 0 0 0, 0 0 0 GENT AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG I+ s2 , 0 0 0 , 000' POLICY I I JEC I X I LOC AUTOMOBILE LIABILITY A _ ANY AUTO 57 SBA EL5908 03/24/04 COMBINED SINGLE LIMIT 03/24/05 (Ea accident) $1, 000, OOO ALL OWNED AUTOS — BODILY INJURY _ SCHEDULED AUTOS (Per person) ; I X HIRED AUTOS — BODILY INJURY X NON -OWNED AUTOS (Per accident) $ — p /+ r REC EIV�D PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY 5 004 I i4 't AUTO ONLY - EA ACCIDENT ; ANY AUTO OTHER THAN EA ACC $ IEL AUTO ONLY: AGG ; EXCESS LIABILITY RECEIVED I EACH OCCURRENCE I ; OCCUR u CLAIMS MADE I AGGREGATE ; - APR 15 2004 DEDUCTIBLE ; RETENTION $ CITY PF SAN RAFAFI ; WORKERS COMPENSATION AND PLANNING I WC STATU- I 1OTH- TORY LIMITS ER 1 EMPLOYERS' LUIBILRY I E.L. EACH ACCIDENT ; E.L. DISEASE - EA EMPLOYEE I ; E.L. DISEASE - POLICY LIMIT I S OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEIUENT/SPECIAL PROVISIONS Those usual to the Insured's Operations. CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: A City of San Rafael Community Development Dept. Attn: Kristie Richardson P.O. Box 151560 San Rafael, CA 94915-1560 ACORD 25-S (7/97)VL ; \ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT E e, ACORD CORPORATION 1988