Loading...
HomeMy WebLinkAbout7/5/2001 - STAFF REPORTS (20) DATE: July 5, 2001 TO: City Council FROM: Director of Planning & Building and Director of Procurement & Contracts AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PZL, INC,A CALIFORNIA CORPORATION, IN A FORMAT ACCEPTABLE TO THE CITY ATTORNEY, FOR PROFESSIONAL PLANNING SUPPORT SERVICES,WITH THE TOTAL COST TO BE PAID BY PROJECT APPLICANTS RECOMMENDATION: That City Council authorize City Manager to execute an agreement with PZL, Inc., in a form acceptable to the City Attorney for professional planning services at an hourly rate of $75/hr and a regular travel rate of$0.32/mile for a period not to exceed one year with the total agreement not to exceed $50,000, the total cost of this agreement will be reimbursed by contractor fees, with no cost to the City's General Fund. SUMMARY: The Planning Department has SEVERAL major projects coming on line which will require services beyond the volume capabilities of current staff. The costs of these services are estimated to be no more than $50,000, and the total cost would be paid by project applicants with no impact to the City's General Fund. Approval of this agreement will prevent other projects from being delayed due to the impact of these projects. BACKGROUND: The purpose of the proposed planning services contract is to provide support to Planning Division staff. Currently,the Planning Division staff is under-manned and working overtime to keep up with permit applications. This contract provides a backup support program for specific development projects. All costs will be paid by project applicants, so there should be no direct cost to the City. Specific projects which are proposed to be assigned to the consultant are the Palm Hills Specific Plan and the Ocotillo Energy Project. The Palm Hills Specific Plan will entail the review of the Specific Plan text, review of the Draft Environmental Impact Report, preparation of notices and reports, and attendance at meetings, as needed. Based upon an estimate of time and tasks, this project will need upward of 400 hours of planning support over the next several months. With its current workload, it would be difficult to assign an existing planning staff member to this project and keep the project on schedule. The developer has submitted a $5,000 deposit to start the process to hire a consulting project manager. The Ocotillo Energy Facility is being"permitted" in accordance with the State's Emergency permitting process. In order to accommodate the State schedule, this project needs to be ready for City Council consideration by August 1, 2001. This will require an exceptional 1104 effort and currently staff would have difficulty managing this project without delaying other projects. Hiring a consulting planner will allow the City to meet the State schedule and keep the Planning Division staff working on other projects. The energy facility developer has agreed to pay all costs associated with this project and has submitted a $2,000 deposit to cover staff overtime. In addition to these two projects, staff is recommending that the contract allow for assignment of additional projects on an as-needed basis. All costs would be paid by applicants. Project assignments will be recommended by the Director and approved by the City Manager. Having a contract planner available is a good relief valve and will provide our customers with a contract services option. Currently the Building Division utilizes several outsource service providers to manage workload and the Planning Division uses one outsource planner who is not available for these larger long-term projects. r / d DOUG EVA S HAROLD E. GOOD Director of Planning & Building Director of Procurement & Contracts APPROVED: City Manag Attachments: (1) Minute Order (2) Agreement REVIEWED BY DEPTT.'gOF�FINANCE CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR (SHORT FORM) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this _ day of , 20_, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein"City") and PZL INC,A CALIFORNIA CORPORATION (herein"Contractor") (The term Contractor includes professionals performing in a consulting capacity). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of $50,000.00 Dollars ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. James Morrissey is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Doug Evans is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified FS2\276\099999-3000\2022693.2 .08/22/95 Revised 09/01/98 herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred,voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neitherthe City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE AND INDEMNIFICATION 4.1 Insurance. The Contractorshall procure and maintain,at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either(i) a combined single limit of$1,000,000.00 or (ii) bodily injury limits of $500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of $500,000.00 per occurrence. If the Contract Sum is greater than $500,000,00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $500,000.00 per person and $1,000,000.00 per occurrence and property damage liability limits of $250,000.00 per occurrence and $500,000.00 in the aggregate or (ii) combined single limit liability of$1,000,000.00. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance: Policies of such other insurance, including Professional Liability Insurance, as may be required in the Scope of Services, Exhibit "A". FS2\296\099999-3000\2022693.2 m08/22195 Revised 09/01/98 _2- *74V All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds, except that the City shall not be named as an additional insured for the Worker's Compenstation Insurance nor the Professional Liability Insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled,the Contractor shall, priorto the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities orthe activities of any person or persons for which the Contractor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee of the City due to unique circumstances. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations,errors, omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force for a period not to exceed one year from the effective date of this agreement. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as maybe specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. FS2\27M99999-3000\2022693 2 .08/22/95 Revised 09/01/98 -3- 014 so 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or R52\256\099999-3000\2022693 2 n08/22195 Revised 09/01/98 -4- 01i approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees,whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation ATTEST: By: City Manager City Clerk (Check one: _Individual _ Partnership Corporation) APPROVED AS TO FORM: CONTRACTOR: By: City Attorney Signature (Notarized) Print Name & Title By: Signature (Notarized) (Corporations require two signatures: One from each of the Following: A Chairman of Board, President, any Print Name & Title Vice President: AND B Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). Mailing Address: END OF SIGNATURES F52\276\099999-3000\2022693 2 riOV22/95 Revised 09/01/98 -5- 1 7 EXHIBIT "A" SCOPE OF SERVICES CITY OF PALM SPRINGS CONTRACT PLANNING SERVICES Project Understanding The purpose of this proposal is to outline the scope of services associated with providing the City of Palm Springs contract planning services. It is my understanding the City would like assistance in processing various development and planning related projects. It is also my understanding the length of the contract and number of hours would generally be limited but could be expanded based upon a number of factors, including the consent of both parties. Proposed Scope of Services General The proposed scope of services could involve a variety of planning related tasks. In general, the tasks will include facilitating the review, report preparation, and processing of development projects and their associated environmental documentation. In addition, the City may request the completion of various planning related studies that may result in the preparation of subsequent reports, ordinances, or policies. The type of projects to be assigned will be determined at the discretion of the Director of Planning and Building. Duration It is my understanding the City is interested in an initial contract period of three (3) months. This initial period can be expanded through an addendum letter to the contract authorized by both parties based upon workload, retention of full-time staff, and other related issues. Schedule It is my understanding the City would like to utilize my services approximately 16 hours per week for the duration of the contract. It is understood this figure may vary week to week depending upon the complexity of each project, attendance at meetings, and scheduling. This contract would also not preclude an increase in the average number of weekly hours depending upon workload. Such an increase would occur through an addendum letter to the contract upon the mutual consent of both parties. A14 9 EXHIBIT `B" SCHEDULE OF COMPENSATION Compensation for contract planning services shall be billed at an hourly rate of$75.00 and mileage shall be paid at $0.32/mile. Invoices shall be submitted on a regular basis, at an interval arranged with the Director of Planning and Building. EXCLUSIONS TO CITY STANDARD CONTRACT Section 4.1(b) This Section requires Worker's Compensation Insurance. As the sole owner and employee of the corporation I would be exempt from this provision. This provision may remain provided it is understood I am currently in full compliance with its provisions due to the current composition of my corporation. Otherwise this provision should be removed. 1 /of/to MINUTE ORDER NO. 6880 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PZL, INC., A CALIFORNIA CORPORATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR PROFESSIONAL PLANNING SUPPORT SERVICES, WITH THE TOTAL COST TO BE PAID BY PROJECT APPLICANTS. ------------------ I HEREBY CERTIFY that this Minute Order, authorizing the City Manager to execute an agreement with PZL, Inc., a California corporation, in a form acceptable to the City Attorney, for professional planning support services, with the total cost to be paid by project applicants, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 5th day of July, 2001. PATRICIA A. SANDERS City Clerk