HomeMy WebLinkAboutItem 7.1 Brenda Gillarde Agreement Revisions 1 -
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: OCTOBER 28, 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: Receive the Staff Report
�✓ 2 . Review the draft revised consultant
services agreement with Brenda A.
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 October 10 , 1991, the City Council continued this item to the
October 28 , 1991 City Council meeting to enable the full City Council
to hear this item.
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 of 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 the
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 raise
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: Brenda Gillarde
[ ] Dennis Carrington
Planning File
[BGCONTRI ]
CITY CLERK
FILE WdO�FIQI
11:31
` CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin,
California, as of
19 , 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. SER_VICES . 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.
g for said services to City in the manner
Consultant shall submit all billins
ecified in Exhibit B, then
if no manner s p
specified in Exhibit B; or,
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 .
A
-1-
r
5 EXdIIBITS - All exhibits referred to herein are attached
hereto and are by this reference incorporated
EXECUTED as of the day first above stated.
CIT`i OF DUBLIN,
a municipal corporation
By
Richard C. Ambrose, City Manager
Date:
By e n A. Giliarde, Consultant
Br_ da
Date.
-2-
E:i::IBIT P_
SCOPE OF SE?.VICZS
western D in
l Serve as Pro Mana-7er to coordinate t processing of wor': to
General Plan Amendment and Specific Plat: Studies and related `
Planning and Zoning -aws .
all applicable State `^^
ect Manager to Coordinate t:e p
rOCeSS;ng Of := eastern
studies and relates wore to
2. Serve as Pr ecifiC Plat
Plan Amendment and Sp
General Planning and LO T11-6 aws .
licable State
all app �_- T na- e�s
communications between departm_..'_ :tta:•G --
3 , Coordinate input from and v encizs .
7 p1G-��11.1= stall, and other ae
city engineers , City att°rn_ys '
witCl
project COnS'J1ta`:tS to 2 sure
that �udg°ZtS Gnc
Monitor contracts P-
re adhered tO,
tlmeiir:eS a_ CC `- -
wi t_ local'
COmlll'•r:1CGt.inE On a .2bt ar bGS1S _
blish a forum fOr l worka'�1 SOLL'L-C`'
5 ' Es G QYOUpS t0 °, i fy cOr:c_rrs and CeVe_Op
id_::t- -nun;ties C_
and regional b - include the cc
eSS . $UCh Or=aniza:iO 1S
1 roc al mesa and Conte_
y on in the P San Ra:,:or.; a.:•
early Ojai l g./ ?leas an ton a:.c _ Di rift.
Livermore,
Castro -- dUaiity i'fa aga - 'S` _-
A.3AG, L4:CO, Bay P_:eG - r- Aroma GcunC'
costa COUilt_25 ; o Coen S--ace
and
* t 0= Fi sh and
Game, People for
Departure.
..1.. COP.��1tcZtj lit
/Spec;';c Pia /-
1 plan Pendmzr:� - ; as to
ensure
6 . Assist the General L'b11P.r s °r$-- Dian poliC__ ^
i C ia7
assessing the 1P.t2n� o 5- - O. osed spec_/l-
consistency between t,-e general plan a-:d the pr a
warranted, process::; general plan a-•er:d^e-^s
where amendments are r PO
Provide for the ge�:zral pia
input on the formulation Ol
Provide c plans
amendments and the speci P M 1
a schedule for and process all required notices for the G=re,S-
7 . Establish and EI3s . Work with the city P_ttoYr.e.
Plan Amendments , Specific Plans :ieral Plan :=:endm�nts ,
Office to ensure t .e
1Pgnl adequacy O1 e Gz
SDecilHc plans , and EI?s .
11 reports relatincg to t-.= General Plan
S . Prepare a stale
Specific Plans or EI?
Prepare written articles on the projects for distribution to Dublin
12 P process .
residents to keep them informed and involved in the
13 . Perform other planning wor'•< as required by the City.
-2-
EXHIBIT 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 rate, to a figure agreed upon by the City and the
Consultant. Extension of this Agreement beyond twelve (12) months may be
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) would be paid for by the Consultant. 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 service is rendered.
V. TERMINATION 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 the 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.
\consult.doc
E,UIBIT C
as a supplement t3
shall furnish interim, short-term worms space only furnish minimal a, ou-=
The City amo
the Contractor' s regular uoDiement the Contractor' sl regular�clerical supp
of clerical support to sup?-
services .
EXHIBIT D
CEciE?4L PROVIS 2:IS
r f Agreem°-`•-
1 JINDEPENDENT CONTRACTOR. At all times curing t :e term or l
Consultant shall be an independent contractor and shall not
be an employee 0=
; �'�t to control Consultant insofar as the result
City. City shall have the r_�:
of Consultant' s services rendered pursuant to this Agreement; ho�evcc Clis
shall not have the right to control the means oy which COnSultan- accompli s:es
pursuant to this Agreement.
services rendered -
City
LIGENSES ; P�P;IITS ; ETC. Consultant represents and warrants to
2 • J qualifications ar:d appro rals of - ,,atsoe-rer
he has all licenses , permits , >>sion.
required for Consultant to practice his Pro
which are legally q arra^:t$ t0 City t;:at Consultant Shall, at iris SO_-
{
Consultant represents and effect at all times dUrin` the terms t .
keep in � ac-il recuired fer
cost and expense, P permits, and approvals which are g°
licenses ,
Agreement any profession.
Consultant to practice his
sere%' CeS
3 . Tliii. Consultant Shall devote suc- tl e t0 the perLOru:aSGelOyaCtOl
y be reasonably necessary iOr a
pUrSUant t0 this r.green� nt as i?:a llrSUa:,t t0 tLliS i - ---e'�t. TiMe
performance Of Consultant' s o'Dligations p - -v
the essence of this Agreement. It is anticipated that tons
Co:s !man snal_
CO[ilPlete the SCOpe Of services within twenty-LOU_
(24) mon�.::s c= enteric.,
this Agreement.
4. 1i+SUS E•
} 11
(a) Public Liability
and Property Dam:: e. The Consultant sha
Out and maintain in the name of the Consultant, with t:�:e City named ass
additional insured, during the life o r
� the Agreement, comercial g-
its Officials ,
liability insurance as shall
protect h'_u:521f, the City,
directors , eTDloyees and agents from. claims which may axis
OfI1CerS , a a w :eth0r Such OperatiOP.s D2 Dy
from operations under the Agre_m nom, direct or rectly eT, _O:
or by anyone directly �� .
himself, by subcontractors, Y •--_
a This liability ir:su_a::ce shall include, but s�:^
by either of them. sir:g frog. bodily and be limited to , protection against clai ,s-ate Consultant' s use of
injury and damage t0 property reSUltln irOm the _d Operations . _•--
ileS prodUCts, and COm.-I-
owned or .o -owned automobiles , `
amount of insurance shall not be less t an t he follow'?
. a aPPl in" t0 bodily and personal injury 11fiDi-
Sinzie limit cove �e J � ad SufflClc..
and property damage, $300,000.00 or a lesser a...ount deep
the City Nanager..
n
The f011ow n
ing edorseluents must De aI z:a'..ner t0 the pOlt J , L _eSS
by
the City Attorney.
otherwise waived
(1)
1t
If the insurance Policy covers 0:: an ,accide:Lt basis , %.
changed to "occurrence" .
-1- -
(2) The policy must cove= personal injury as well as bodily injury.
as to bodily injuries , personal injure or
(3) Contractual liability oPment.
arising from the performance of this a_re
Broad form property damage liability
must be provided. Deduct--_
-
(4) approval t':,2 Ci-
without special
va_ of may•
shall not exceed $%GO
as an additional insured under the co'le=a7=
erformed under the Agz2m2 . •
(5) The City must be named
afforded with respect to the wor:c beir,5 p r --
(6) An endorsement
shall be provided which states the coverage is h--
G and that no other i suranc2 effected 'D'; the Citw "
primary insuranc.. `
be called upon to contribute to a loss under this covera7e-
(7) The insurance
policy shall contain a standard form of cross-
liability.
lticnal notice
l shall rov:c for an uncOnd•
(g) The insurance policy p De
_, ;ties be cancelled
be-Fore t
-a
cancellation.
Should the policy or p�--
CO; n7 will rail tnlr y a%s
e g
e�,piration date thereof,
written notice to the Gity.
SatiCn, Consultant: represents tO
City that he ham
(b) Worker s COmoen- emoip eeS to aSS1St h1- In z2riOrm-�=
no employees and will not :,_re any -
i -reement. consultant i-
t
the services required pursuant to th_s1 _z-
s compensation insurance.
therefore not reauired to maintain work- under t=•=
e waives any rights he -,,ay
have a0ainst Gity
Consultant hereby _ illnesses
Worker' s Compensation Law on account of any injuries or
r ement.
sustained by
Consultant during the ter .: o� this P.gre_...°
�. keep
(c) Certificate of Insurance. Consultant shall tare ou` Gnd fo_ce
policies of public
liability and property damage insurance in full
ter:: of this A �==-rent and shall submit to City a
during the gr ve_a_e
and effect g
certificate or certificates oL insurance evidencing such co
policy, ,.
prior to commencement of work.
• r. GDL.sulta-•-
CO:iSL'LTA�+T NO AC-ENT. Except as City ma: Specify in writing, ;` a^.
5 . express or l:,plied, to act on bznall of City ^
shall have nO
authority, COnSU-1tant shall have no aUt:,Orley,
w�,atsoever as an ag
CapaC ty 1i5 A=r2ement to
bi- City to any ODl-g^tlOn
or implied, pursuant to t:
whatsoever.
may assign any -_-
„ ROEISITED. No party -to this Agreement d
6 . ASSIG�N, ENT P. i attempted or pu_port2
or obligation pursuant to th_s ?.�reement. r"` _ _
ga�lon "zeu:2 t s.:all cz
aSSlgn`�2nt Of any right Or obligatlOn pursua`t� to to-S A='
and of no effect. -
i Services rze
S; perform an
PEREO-°. ?�;GE
consultant
.ail
7 STA`iD:.. R 0: , GncG��J -
a �m2nt 11 t ' manner and aCCOrGing to t 2 St
Gonsultan_
pursuant to this A�rz _ ^
a competent practitioner of the profession in w;,icn _.,,.•
cbserved by 1
engaged In the geOgraphlCa area 1n wi11Ch CC:SUltai:t praCt1C25 his prOi25J
0 ge -icn COi:sultant da__
vers
vice or whatsoever nature w
All instruments of ser t
-2
pursuant to this Agreement shall be prepared in a substantial, first
City ualit normally
and
workmanlike manner and conform to the standards o1 q y
a person practicing in Consultant' s profession.
observed by p
�iSLESS PSiD P.ES70iJSInILITY OF CONS` LTAES . Consultant shall
g •
HOLD HA its offic'iais , e.,.pi.o fees arc agents
indemnify, defend and save the City, claims , suits , actions ,
and all liability, personal
harmless from and against
any - bodily injury,
damages , and/or causes of action arising out of any bodi injury, property damage or in violation of any federal, state or r.,unic_tal
y Consu-
tant,
or ordinance or other cause in connection wit: the activities o�
tn�
Oi. account Of the performance or character of -
its employees or agents or the
work, and arising our. Of
the negligent acts , eY=ors , or omissions of
Consultant.
Approval of the insurance contract does not relieve the Consulta �..: error.,
liability under this Hold Harmless and Respotlsbility o Consultant' s c-pause
-
the extent that tni s A?ree:�:_ may be
g . COVER`;L,IENTAL REGlii_?TIO?iS. To Gcnsulta-:t
funded by
fiscal assistance from anOtner gOV2= .mental entity, `
comply with all applicable
rules and regulationa to which City
is bound 'o'r
terms of such fiscal assistance Program.
0� CONSULTANT. In accepting t 'is Agreement, Consultant
10. INTEREST a_:d shall not aceu_re a..;r
presently has no interest, -11c` -
covenants that it o G;hich wOUIG COi:_ L
interest, direct or indirect, f!na:•Cla1 Or Ot :a_ J15
with the performance of X41 Ser"ces herev'ncGer. ^^
any manner or degree - A=raeme z:, ::c --
Consultant fUrtheY coven that, in the Pe-0- or tn15
be emplo--eG. Consult=-•'-
subcontractor or person having such an interest snail
u�d-- t_^
certifies that no one who has or will have an financial interes�
_f" employee of City.
Agreement is an otLI or
� 1
11. O�,viiERSHP Or L:OP.'C PRODUCT. If requested in writing by the City, all
upo--
Consultant shall become the property of the -
documents prepared by -' ay
The Go;�su tan.. .:
completion of the project or termination
producedoby Consulta tepursuant to this Agree-.en-
retain a copy of all material p �' �^,ould the City desire to use
_
for use in its general business activities .poses other than those inte:Iced
work completed under this Agreement
will notify Cc-:sultant in writl-'7 prior to
under this Agreement, the.. City y
other reuse of said documents .
-3- —
C �. dlard�,,NNING CONSULTANT0
0 (�1�) 932-2S77
135S Walden Road • W.ilnut Creek, Califomi:t • 9`i59�
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 55 00 per hour , effective Auguste
my consultant services fee �o $� p
1 1991 • Some concern was expressed that this increase would not
S
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 sihtlotherrconsultantsthho operztehinea
conducted a survey of eight single ownership , no
similar fashion to my business Overnment client and receive no
employees , have a least one g
benefits .
As the attached survey indicates ,.. the fees charged ran e frose$55
t
to $80 per - hour.. All of - the consultants are sea
planners who have extensive planning experience .
l - believe Tam 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 ; pans and work directly with the
- revise land use p- planning
issues :
consultants and applicants to resolve p
rewrite major portions of draft reports received by t'z
-their writing efforts ;
and redireri
- advise the City on critical environmental issues
ro ect :
associated with the en the applcants
eastern ai ublin
serve as 1 iai ..on between
keeping them up to date on the process and responding-
to their concerns/questions
ion
maintain communicerned a�enciesthinterested]individuals
communities , con
and the press ; ands s �
1.
respond quickly to special projects such as developing
units phasing numbers for the eastern and �vestern
Dublin traffic °acresasate° in eastern Dublentending
services to a 1�
rs of planning experience working
I also offer the City eleven yea
in six different cities .
Eased on my qualifications , experience ,consultants charging ,tyI
services I - provide and what other
believe that a fee of $55 . 00 per look is reasonable . ' .finalizing
request your reconsideration `n
discussions on this matter by September 13 . wouldsbee happy et0n�
with Richard Ambrose will be forthcoming ,
discuss this matter with him directly .
attachment
cc : Dennis Carrington
SURVEY OF CON SULTAi'TT FEES
AUGUST 1991
Chandler Lee
914 Stanyan Street
San Francisco , CA 94117
(415 ) 665-0835
Formerly Principle currently under
General Plan
contract with Alameda County
$70/hour
Donald Dean
200 Mono Street rB
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
�j?ills Associates
1042 Country Club Drive Suite A
iaoraga , 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 77030
Formerly planning director for Corte mad era ; currently under
contract with Sausalito
$80/hour
iI?ichael 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 prom
$•-'_5 to $7C oer hour )
L i s a N e-.�an
2201 Nlullberry Terrace
San Rafael , CA 91903
(_-1_15 ) 492-0300 general plan
F=orked for a number of cities including Albany
P
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
`.Iichael Hitchcock
434 Greenview Court
VIalnut Creek , CA 45 6
(510 ) 935-1531
V?orks for both private developers and public agencies
$75- $85 /hour
a/revcon