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HomeMy WebLinkAboutItem 4.4 Brenda Gillarde Agreement Revision CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: OCTOBER 10, 1991 SUBJECT: Revision of consultant services agreement with Brenda A. Gillarde, Planning Consultant REPORT PREPARED BY: �Dennis Carrington, Senior Planner EXHIBITS ATTACHED: A. Draft revised consultant services agreement with Brenda A. Gillarde B. September 10, 1991, letter from Brenda A. Gillarde RECOMMENDATION: 1. Receive the Staff Report. 4` 2. Review the draft revised consultant services agreement with Brenda Gillarde. 3 . Authorize City Manager to sign revised consultant services agreement with Brenda A. Gillarde. FINANCIAL STATEMENT: The contract amendment would include an increase in the hourly compensation for Brenda Gillarde from $45.00 per hour to $52 . 00 per hour retroactive to August 1 , 1991. DESCRIPTION: On August 13 , 1990, the City Council authorized the City Manager to sign a consultant services agreement with Brenda A. Gillarde increasing her hourly compensation from $40.00 per hour to $45.00 per hour. Ms. Gillarde began service with the City on June 20 , 1989 and has worked on a number projects including the eastern and western Dublin General Plan Amendments and Specific Plan Studies and the update of the Dublin General Plan. Ms. Gillarde's consultant services agreement states that extension of the agreement beyond 12 months may be subject to renegotiation of the base rate of pay. At the anniversary of the agreement, Ms. Gillarde requested an increase in the base rate of pay from $45.00 per hour to $55.00 per hour. She has based her request on the rates currently charged by other consultants with similar responsibilities and backgrounds, the complexity of the management of the eastern and western Dublin General Plan Amendments and Specific Plan Studies, and increases in the cost of living. Given the impacts of the recession on City revenues, negotiations were entered into with Ms. Gillarde resulting in an agreement to increase the base rate of pay from $45. 00 per hour to $52 .00 per hour retroactive to August 1, 1991 , the anniversary of her contract. Given the rates charged by other consultants, the complexity of her duties and increases in the cost of living, Staff recommends that the consultant services agreement be amended to change the base rate of pay from $45.00 per hour to $52 .00 per hour retroactive to August 1 , 1991. --------------------------- ITEM No COPIES TO: Personnel Brenda Gillarde [BGCONTRI] Larry Tong Dennis Carrington Agenda File CITY CLERK FILE 01 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of 191 by and between the CITY OF DUBLIN, a municipal corporation ("City") , and BRENDA A. GILLARDE, Federal Employer' s Identification Number 557-84-0134 ("Consultant") , who agree as follows : 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the services described in Exhibit A. Consultant shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS . The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions . -1- S E-dIIBITS , All exhibits referred to herein are attached hereto and are by this reference incorporated herein. EXECUTED as of the day first above stated. CIT'i OF DUBLIN, a municipal corporation By Richard C. Ambrose, City Manager Date: By Brenda A. Giliarde, Consultant Date: -2- EXHIBIT A SCOPE OF SERVICES 1. Serve as Project Manager to coordinate the processing of the western Dublin General Plan Amendment and Specific Plan Studies and of work to meet all applicable State Planning and Zoning Laws . 2. Serve as Project Manager to coordinate the processing of the eastern Dublin General Plan Amendment and Specific Plan Studies and related work to meet all applicable State Planning and Zoning Laws. 3. Coordinate input from and communications between department managers, city engineers , city attorneys, planning staff, and other agencies. 4. Monitor contracts with project consultants to ensure that budgets and timelines are adhered to. 5 . Establish a forum for communicating on a regular basis with local, county and regional groups to identify concerns and develop workable solutions early on in the process. Such organizations include the communities of Livermore, Castro Valley, Pleasanton and San Ramon; Alameda and Contra Costa counties ; ABAG, LAFCO, Bay Area Air Quality Management District; Department of Fish and Game, People for Open Space and Bay Area Council. 6. Assist the General Plan Amendment/Specific Plan/EIR consultants in assessing the intent of Dublin' s general plan policies to ensure consistency between the general plan and the proposed specific plans , and where amendments are warranted, processing general plan amendments. Provide input on the formulation of policies for the general plan amendments and the specific plans. 7 . Establish a schedule for and process all required notices for the General Plan Amendments , Specific Plans and EIRs. Work with the City Attorney's office to ensure the legal adequacy of the General Plan Amendments, Specific Plans , and EIRs. 8 . Prepare all staff reports relating to the General Plan Amendments , Specific Plans or EIRs. 9 . Conduct periodic project update meetings with Planning Director at Consultant' s office. Conduct update meetings with City Department Heads at City Offices on an as needed basis. 10. Develop and implement a citizen involvement program commensurate with the amount of public interest in this project. 11. Work with the project applicants , keeping them informed of the process, explaining all procedures they must comply with and recommending project modifications to help meet City policies . -1- 12. Prepare written articles on the projects for distribution to Dublin residents to keep them informed and involved in the process. 13 . Perform other planning work as required by the City. -2- EIUIBIT B I. RATE OF PAY The base rate of pay to the Consultant shall be fifty—two dollars ($52.00) per hour. This rate is based on the supposition that the amount of work required of the Consultant will be the equivalent of 40 hours per week. This contract will be reviewed quarterly (every three months) to assess the number of hours actually spent by the Consultant. If the number of hours falls below an average of 32 hours per week, the Consultant reserves..the option to renegotiate the hourly on oftthisoAgreement beyond twelve (12) n h (12) monthsmaybe Consultant. Extensnsii subject to renegotiation of the base rate of pay. II. HOURLY RATE - ALL INCLUSIVE The hourly base rate shall be inclusive of wages , benefits , any overhead including profit, transportation, and mileage expenses. City shall not pay any additional sum for any services rendered pursuant to this Agreement. The cost to the Consultant of providing commercial general liability insurance (which is estimated at $650 per year) . Method of payment will be determined by the City and Consultant. III. INVOICES The Consultant shall submit invoices on a semi-monthly basis. The number of hours worked should be in increments of not less than one quarter hour. City shall process and pay said invoices within thirty (30) days of receipt. Consultant shall maintain adequate logs and timesheets and submit same with invoices. IV. ADDITIONAL WORK City shall make .no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefore is agreed to in writing and executed by an official of the City authorized to obligate the City thereto prior to the time such extra services is rendered. V. TERIINATION OF AGREEMENT The services to be provided under this Agreement may be halted or postponed at any point in time at the sole and exclusive discretion of the City upon thirty (30) days written notice to -Consultant by certified U.S. mail, return receipt, addressed to Consultant at 1358 Walden Road, Walnut Creek, CA 94596 , or other such address as Consultant may hereinafter specify by written notice to the City. EXHIBIT C The City shall furnish interim, short-term work space only as a supplement to the Contractor' s regular office. The City shall also furnish a minimal amount of clerical support to supplement the Contractor's regular clerical support services. EXHIBIT D GENERAL PROVISIONS 1, INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant insofar as the results of Consultant' s services rendered pursuant to this Agreement; 1however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2, LICENSES ; PERMITS; ETC. Consultant represents and warrants to City that he has all licenses, permits , qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the terms of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. 3. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant' s obligations pursuant to this Agreement. Time is the essence of this Agreement. It is anticipated that the Consultant shall complete the scope of services within twenty-four (24) months of entering into this Agreement. 4. INSURANCE. (a) Public Liability and Property Damage. The Consultant shall take out and maintain in the name of the Consultant, with the City named as additional insured, during the life of the Agreement, commercial general liability insurance as shall protect himself, the City, its officials, officers, directors , employees and agents from claims which may arise from operations under the Agreement, whether such operations be by himself, by subcontractors, or by anyone directly or indirectly employed by either of them. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property resulting from the Consultant' s use of owned or non-owned automobiles, products, and completed operations . The amount of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $300,000.00 or a lesser amount deemed sufficient by the City Manager. The following endorsements must be attached to the policy, unless otherwise waived by the City Attorney: (1) If the insurance policy covers on an "accident" basis , it must be changed to "occurrence" . -1- (2) The policy must cover personal injury as well as bodily injury. (3) Contractual liability as to bodily injuries, personal injury or arising from the performance of this agreement. (4) Broad form property damage liability must be provided. Deductible shall not exceed $500 without special approval of the City. (5) The City must be named as an additional insured under the coverage afforded with respect to the work being performed under the Agreement. (6) An endorsement shall be provided which states the coverage is primary insurance and that no other insurance effected by the City will be called upon to contribute to a loss under this coverage. (7) The insurance policy shall contain a standard form of cross- liability. (8) The insurance policy shall provide for an unconditional notice of cancellation. Should the policy or policies be cancelled before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the City. (b) Worker' s Compensation. Consultant represents to City that he has no employees and will not hire any employees to assist him in performing the services required pursuant to this Agreement. Consultant is therefore not required to maintain worker' s compensation insurance. Consultant hereby waives any rights he may have against City under the Worker' s Compensation Law on account of any injuries or illnesses sustained by Consultant during the term, of this Agreement. (c) Certificate of Insurance. Consultant shall take out and keep policies of public liability and property damage insurance in full force and effect during the term of this Agreement and shall submit to City a policy, certificate or certificates of insurance evidencing such coverage prior to commencement of work. 5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party -to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. STANDARD OF PERFORHANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to -2- City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant' s profession. 8. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS . Consultant shall indemnify, defend and save the City, its officials, employees and agents harmless from and against any and all liability, claims, suits, actions , damages , and/or causes of action arising out of any bodily injury, personal injury, property damage or in violation of any federal, state or municipal law or ordinance or other cause in connection with the activities of Consultant, its employees or agents or on account of the performance or character of the work, and arising out of the negligent acts, errors, or omissions of the Consultant. Approval of the insurance contract does not relieve the Consultant from liability under this Hold Harmless and Responsbility of Consultant' s clause. 9. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 10. INTEREST OF CONSULTANT. In accepting this Agreement, Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. 11. OWNERSHP OF WORK PRODUCT. If requested in writing by the City, all documents prepared by Consultant shall become the property of the City upon completion of the project or termination of this Agreement. The Consultant may retain a copy of all material produced by Consultant pursuant to this Agreement for use in its general business activities. Should the City desire to use the work completed under this Agreement for purposes other than those intended under this Agreement, the City will notify Consultant in writing prior to any other reuse of said documents. -3- L t,-t J @@ • �'Z CANNING CONSULTANT P O O 1358 Walden Road • Walnut Creek, California • 94596 (415) 932-2877 M E M O R A N D U M Date : September 10 ,1991 To Larry Tong : From: Brenda Gillarde Re : Rate Increase Per our previous conversations , I stated my intention to increase my consultant services fee to $55 . 00 per hour , effective August 17 1991 . Some concern was expressed that this increase would not be acceptable to city management . You asked me to rethink my _ position and get back to you . Since that time I have considered my potential fee - increase in light of the services I provide to the City and what other consultants charge for similar services . To that end , I have conducted a survey of eight other consultants who operate in a similar fashion to my business; i .e . , single . ownership, no employees , have a least one government client and receive no benefits . As the attached survey indicates ,'_ the fees charged range from $55 to $80 per - hour-. All of - t-he consultants are seasoned land use . planners who have extensive planning experience . I beli-eve I am providing the City an excellent package of services which includes: - coordinate and manage two of the largest projects occurring in the Tri-Valley; assist the City in creating a planning vision for eastern Dublin ; revise land use plans and work directly with the consultants and applicants to resolve planning issues ; rewrite major portions of draft reports received by the consultants and redirect their writing efforts ; advise the City on critical environmental issues associated with the eastern and western Dublin projects serve as liaison between the applicants and the City, keeping them up to date on the process and responding to their concerns/questions maintain communication between the City, adjacent communities , concerned agencies , interested individuals and the press ; and X A- 6, V s�a�ss�r respond quickly to special projects such as developing units phasing numbers for the eastern and western Dublin traffic models and cost figures for extending services to a 12 acres site in eastern Dublin . I also offer the City eleven years of planning experience working in six different cities . Eased on my qualifications , experience , the range and quality of services I - provide and what other consultants are charging , I believe that a fee of $55 . 00 per hour is reasonable .. I sincerely request your reconsideration and look forward to finalizing our discussions on this matter by September 13 . I assume a meeting with Richard Ambrose will be forthcoming ; I would be happy to discuss this matter with him directly. attachment cc : Dennis Carrington SURVEY OF CONSULTANT FEES AUGUST 1991 Chandler Lee 914 Stanyan Street San Francisco , CA 94117 (415 ) 665-0835 Formerly Principle Planner. for Pleasanton ; currently under contract with Alameda County to redo the County General Plan $70/hour Donald Dean 200 Mono Street #B Richmond , CA 94801 (510 ) 236-1878 Prepares EIRs for a private consulting firm; also under contract with the City of Orinda to advise them on how to process the Orinda Gateway Specific Plan project $55/hour Carolyn Mills Mills Associates 1042 Country Club Drive Suite A Piioraga , CA 94556 (510 ) 631-0500 Owner of private consulting -firm but did contract with DSRSD to monitor large scale development projects in the Tri-Valley $70/hour Diane Henderson 1108 East Court Novato , CA 94945 (415 ) 897-7030 Formerly planning director for Corte Madera ; currently under contract with Sausalito $80/hour Michael Folely 235 Coleman Drive San Rafael , CA 94901 (415 ) 456-4995 Formerly planning director for City of Napa ; currently under contract with Belvedere and Yountville $50/hour (average ; has a scale ranging from $45 to $70 per hour ) Lisa Newman 2201 Mullberry Terrace San Rafael , CA 94903 (415 ) 492-0300 Worked for a number of cities including Albany (general plan update ) and Walnut Creek (processing current planning projects ) $60-$75/hour Jerry Haig 745 Keeler Avenue Berkeley, CA 94708 (510 ) 526-6241 Does current and advanced planning projects $60=$80/hour Michael Hitchcock 434 Greenview Court Walnut Creek, CA 94596 (510 ) 935-1531 Works for both private developers and public agencies $75-$85 /hour a/revcon