Loading...
HomeMy WebLinkAbout5/7/2003 - STAFF REPORTS (9) DATE: May 07, 2003 TO: City Council FROM: Director of Planning and Zoning, and Director of Procurement and Contracts AUTHORIZE CITY MANAGERTO EXECUTE AN AGREEMENT WITH SANDRA MASSA- LAVITT, IN A FORMAT ACCEPTABLE TO THE CITYATTORNEY, FOR PROFESSIONAL PLANNING SUPPORT SERVICES, WITH THE COST TO BE PAID BY PROJECT APPLICANTS RECOMMENDATION: That the City Council authorize the City Manager to execute an agreement with Sandra Massa-Lavitt, in a format acceptable to the city attorney,for professional planning services at an hourly rate of$75/hr., and a regular travel rate of$.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 applicant/developer fees, with no cost to the City's General Fund. SUMMARY: The Department of Planning and Zoning has a range of projects coming on line, which will require services beyond the volume capabilities of current staff. The cost of these services are estimated to be no more that$50,000, paid by the project applicants with no impact to the City's General Fund. Approval of this agreement will allow project applicants to choose contract planning service and will allow City staff to focus on customer service. This contract will also help fill the vacancy within the Department (rehire frozen at this time). BACKGROUND: The purpose of the proposed planning services contract is to provide support to Planning Division staff. Currently, the Planning Division is under-staffed and working overtime to keep up with permit applications. This contract provides backup support for specific development projects. The costs for consulting services will be borne by the project application with no fiscal impact to the City. Staff is recommending that the contract scope of services allow for a variety of planning related tasks beyond those mentioned above on an as-needed basis. Projects assignments will be at the discretion of the Director of Planning and Zoning. Having a contract planner available is a good relief valve and will provide our customers with a contract services option. Currently the Department of Planning and Zoning utilizes the out source planning services of PZL, Inc. (Jim Morrissey) for the Palm Hills Specific Plan, and several other projects. 7R Page 2 of 2 May 07, 2003 City Council Hearing Mrs. Sandra Massa-Lavitt has proven to be an effective support planner with extensive planning experience working fora numberof local cities, and will be a valuable asset to our customers. 1141za 4, Douglas R. vans Harold E. Good Director of Planning & Zoning Director of Procurement & Contracts APPROVED: City Manager Attachments: 1. Minute Order 2. Agreement REVIEWED BY DEPT. OF FINANCE 7A CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Professional Support Services (SHORT FORM) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 7th day of May, 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and Sandra Massa-Lavitt(herein "Contractor"). 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 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. Sandra Massa-Lavitt 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 herein and makes all decisions in connection therewith ("Contract Officer"). The City -1- 7 Pr3 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. Neither the 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, or agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall 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) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverage for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d)Additional Insurance. Additional limits and coverage, which may Include professional liability insurance, will be specified in Exhibit B. All of the above policies of insurance shall be primary insurance. (Reference Section 4.4 regarding sufficiency.) 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. In the event, any of said policies of insurance are canceled, the Contractor shall, prior to 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 7A# has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverage, and said Certificates of Insurance, endorsements, 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 or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 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, (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 the 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 in the extent caused by the negligence or willful misconduct of the City. 1.05 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 may be 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. 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. -3- 7 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 that 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 non-defaulting 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 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 Agreeeeeement, -4- w7i4 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 ATTEST: a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: By: City Attorney CONTRACTOR: Check one:_Individual X Partnership_Corporation By: Signature(notarized) Name:Sandra Massa-Lavitt Title:Sole Proprietor (This Agreement must be signed in the above space by This Agreement must be signed in the above space by one of the following:Chairman of the Board, President one of the following: Secretary, Chief Financial Officer or or any Vice President) any Assistant Treasurer) State of } State of } County of }ss County of }ss On- before me, On before me, personally appeared personally appeared personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: 5 7ft7 EXHIBIT "A" SCOPE OF WORK 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 Zoning. Duration It is my understanding the City is interested in an initial contract period of one (1) year. 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 to 20 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. This scope of work is variable with regards to number of projects, hours, and other factors and does not guarantee a minimum number of hours or compensation. 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 $.032/mile. Invoices shall be submitted on a regular basis, at the interval arranged with the Director of Planning and Zoning. _g_ EXCLUSIONS TO CITY STANDARD CONTRACT Section 4.1(b) This Section requires Worker's Compensation Insurance. As the sole owner and employee, 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 sole proprietorship. Otherwise, the provision should be removed. -9- MINUTE ORDER NO. AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT W ITH SANDRA MASSA-LAVITT, IN A FORMATACCEPTABLE TO THE CITYATTORNEY, FOR PROFESSIONAL PLANNING SUPPORT SERVICES, WITH THE COST TO BE PAID BY PROJECT APPLICANTS I HERE BYCERTIFY,thatthis Minute Order,authorizethe CityManagerto execute an agreement with Sandra Massa-Lavitt, in a format acceptable to the city attorney, for professional planning support services, with the cost to be paid by project applicants,was adopted bythe City Council of the Cityof Palm Springs, California, in a meeting thereof held on the 7th day of May 2003. PATRICIA A. SANDERS City Clerk