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HomeMy WebLinkAbout4.16 McCormickConsSvcsITY CLERK Nino IM1103101 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November• 6, 2001 SUBJECT: Establish Contract Services for a Planning Consultant on an as needed basis for overflow services in the Community Development Department (Report Prepared by Eddie Peabody, Jr. Community Development Director) ATTACHMENTS: A) Resolution Approving Agreement with Deborah Ungo- McCormick B) Consultant Agreement C) Consultant Resume RECOMMENDATION: 1) Adopt Resolution approving Consulting. Agreement for ' on -call Planning Consultant 2) Authorize the Community Development Director to sign on behalf of the City. FINANCIAL All charges to be funded through direct developer fees for STATEMENT: Major Planned Development applications or as approved Planning Division budgetary projects in the adopted budget. Consultant services will be budgeted within yearly budgets as anticipated. DESCRIPTION: During the past several years, the City Council has authorized staff to hire outside consultants on an as needed basis to assist staff with specific areas of technical expertise (CEQA, biology, large scale specific plans, design review, etc.) and overflow of work. The Community Development Department has contracted with several consulting firms on a proj ect by prof ect basis with much success. Anticipated workloads over the next several years dictate that this Department continue to retain consultant firms to handle overflow work in these areas including the general processing of entitlements for development projects, as well as plan checks and field checks for those projects. Staffis recommending adding an additional Planning Consultant, Deborah Ungo-McCormick, due to the increase in projects that are being submitted for processing. With several large projects such as Sun, Transit Center, Commerce One, and other large developments anticipated to begin construction, the need for this type of service has increased significantly, therefore requiring staff to seek additional services in order to keep up with the planning activities. It is important to coordinate the availability of additional Community Development Department resources to those in Public Works, Police, Fire and other outside interests to insure that all necessary resources are available to handle a rapidly growing development review program and implementation of projects approved and about to begin construction. COPIES '7I'�o Consultant dG'� ITEM NO. This typical contract contains provisions that the consultant will only perform work on a time and material basis at the direction of the Community Development DireCtor. No work will be done without expressed permission and all costs will be charged to the Community Development Department budget in accordance with costs associated with that project. SUMMARY: Again, as noted earlier, no work will be done or funds expended unless funding is available and it has been determined that outside help is needed to meet a specific time objective. This standard contract is similar in nature to the master contract that has been reviewed and approved by the City Attorney. RECOMMENDATION: Staff recommends that the City Council receives the staff report, adopt Resolution approving the Consulting Agreement and authorize the Community Development Director to sign the agreement on behalf of the City. G:agenda/2001/11-6/Deborah Ungo-McCormick RESOLUTION NO. - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH DEBORAH UNGO-MCCORMICK, PLANNING CONSULTANT, ON AN AS NEEDED BASIS FOR OVERFLOW SERVICES IN THE COMMUNITY DEVELOPMENT DEPARTMENT RELATED TO PRIVATE DEVELOPMENT PROJECTS WHEREAS, the City of Dublin is experiencing significant increases in new development applications; and WHEREAS, with the acceleration of new development projects in both Western and Eastem Dublin, the need to retain outside consultant firms is necessary, and WHEREAS, staff has determined it necessary to hire technical support to provide Planning Consultant services including processing applications, plan checks and field checks of new projects, and WHEREAS, the City of Dublin Planning Commission and City Council has directed staff to move projects expeditiously, and hire consultant firms when services are needed, and WHEREAS, Deborah Ungo-McC0rmick has demonstrated she has adequate ability to perform the planning services required, and WHEREAS, consultants will only perform work on a time and material basis at the direction of the Community Development Director, and WHEREAS, all costs will be charged to the Community Development Department budget in accordance with costs associated with certain projects, and WHEREAS, the contracts have been reviewed and approved by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the agreements with the above mentioned firms. BE IT FURTHER RESOLVED that the Community Development Director is authorized to execute the agreements. PASSED, APPROVED AND ADOPTED this 6th day of November, 2001. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: ATTACHMENT CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DEBORAH UNGO-McCORMICK THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Deborah Ungo-McCormick, AICP ("Consultant") as of December 1,2001. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 1,2003, the date of completion specified in Exhibit A, and' Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. 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 its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $50,000 per fiscal year at a rate not to exceed $85.00 per hour, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 1 of 15 ATTACHMENT C~)nsultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the. term of this Agreement, based on the cost for services performed. Invoices shall contain the following information: · Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; · A Task Summary that shows what services were performed · The finance control number for each project · The beginning and ending dates of the billing period; · The total number of hours of work performed under the Agreement by Consultant, as well as a separate notice when the total number of.hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The hourlyrate · The Consultant's signature. 2,2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for pre-authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement at the rate of $85 per hour. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Aqreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 2 of 15 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses shall be included in the hourly rate and not paid separately. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs incurred for work satisfactorily completed as of the date of Written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services, The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator or their designee. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information' in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and .subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consulting Services Agreement between. City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 3 of 15 4.1 4.2 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator, The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorSement shall state that coVerage shall not be suSpended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 4 of 15 4.3 City and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. A n~ ~l~rl, ,~,f;l~l~ ~r oolf ;no,,r~x~l r~fonf;~xn c,h,'~ll nr~f ~v~xrl (~ ~A AAA n~r %11] ~qt.~4~4V%ll~l~,~ V~l ~,~11 ii 1~.~41v1~1 i~.~L~.~ii~ii.~i i ~.~llk.411 Ii~t~ ~ ~.~1~1~4 i~ iv~]~~,~ ~.~91 vl~qlllh A~A Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 5 of 15 4.4 h mr;r~r fr~ fh~ c~mrn~n~rn~nf rxf onx, ~rxrL~ ~ ~nN~r fh;~ A~r~rn~nf All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4,4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its.behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 6 of 15 4.5 During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect, to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition .approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects' to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1,2001 Page 7 of 15 under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the . provisions of this Section and that it is a material element of consideration. tn the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System.(PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 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 only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 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, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 8 of 15 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision ofany services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement, Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days days' written notice to City and shall include in such notice the reasons for cancellation, In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 9 of 15 8.3 8.4 8.5 8.6 Section 9. 9.1 obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Amendments. The parties may amend this Agreement only by a writing signed by all the parties. Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant.to Section 2 if Consultant had completed the work. KEEPING AND STATUS OF RECORDS. Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 10 of 15 above, prepared pursuant to this Agreement are prepared specifically for the City and are Bet necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon Oral or wdtten request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a pedod of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.. Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormiCk December 1, 2001 Page 11 of 15 10.5 10.6 10.7 10.8 10,9 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or Jess cost than virgin paper. Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this AgreemenL Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. Contract Administration. This Agreement shall be administered by Eddie Peabody, Jr., Community Development Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Deborah Ungo-McCormick, AICP 1057 Glen Echo Avenue San Jose, CA 95125-4316 Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 12 of 15 11/01/01 10:45 FAX 4082867840 UNGO McCOI~IICK 10.11 Any written notice to City shatl be sent to: City of Dublin Attn: Community Development Director 100 Civic Plaza Dublin, CA 94568 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design spedfications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a bk)ck entitled "Seal and Signature of Registered Professional with mportJdesign responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. t0.12 Inte~_ ration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negoliations, representations, or agreements. either written or oral. CIj-~ OF DUB~}.N Corem-unitY Oevelopme~t Dir~tor Deborah Un~ick, NCP Attest: Kay Keck, City Clerk Approved as to Form: Elizabeth H. Silver, City Attorney G:m~a~'e~ for Deborah Consutting Services Agreement between December 1,2001 City of Dublin and Deborah Ungo-Mccormick Page13of15 NOU-01-2001 ll:SSRH TEL)A082857840 .ID)CITY OF DUBLIN PRGE:001 R=gSx EXHIBIT A SCOPE OF SERVICES Providing of Planning and other development services and/or Biological consulting services to the City of Dublin regarding: · Processing of development entitlements · Conducting biological surveys as may be required in conjunction with development entitlements Said services shall not exceed the sum of $50,000 per fiscal year and are to be performed at the direction of the Community Development Director on an as needed basis. The term of this contract shall commence on December 1, 2001 and terminate on December 1, 2003. Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1,2001 Page 14 of 15 EXHIBIT B COMPENSATION SCHEDULE City hereby agrees to pay ConSultant a sum not to exceed $50,000 per fiscal year at a rate not to exceed $85.00 per hour. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Consultant shall not bill for any reimbursable items unless previous' approval has been granted. Consulting Services Agreement between City of Dublin and Deborah Ungo-McCormick December 1, 2001 Page 15 of 15 Deborah Ungo-McCormick, AICP Mn~o-j~-eormick eonsulting Urban Planning and Contract Planning Services Expertise · Contract Planning · Urban and Regional Planning · Regulatory Compliance and Permitting · Project Management ° Environmental Impact Assessment Professional Qualifications Ms. Ungo-McCormick is an urban planner with over 20 years professional experience in land use planning and environmental impact assessment. She has provided contract planning and planning consultation services to a number of planning agencies in the Bay Area. Her extensive project experience, working with both public and private sector clients, has afforded her opportunities to participate in all phases of the planning process that has involved working with public agencies at the local, regional and state level. Ms. Ungo-McCormick's experience covers a broad range of projects from small-scale site-specific land use feasibility studies to large-scale multi-use projects and environmental assessments. Ms. Ungo-McCormick's project management experience includes ~the preparation and coordination of work programs, budgets and implementation plans and activities. Ms. Ungo-McCormick is fitly bilingual in Spanish and English languages. Professional Services · Design and development review, permitting processes; · Project management; work program and budget preparation and oversight; · Specific plans, area plans, general plan and zoning ordinance amendments; · Land use feasibility studies, opportunities and constraints assessments, site selection studies, development standards, and alternatives evaluations; · Specialized planning studies including: general plan and zoning conformance assessments, land use inventories; · Environmental assessment under California Environmental Quality Act (CEQA), including initial studies and environmental impact reports (EIRs); · Preparation of bilingual newsletters, including layout and editing. ATTACHMENT Deborah Ungo-McCormick, AICP t4ngo-j~-eormick eonzulting Urban Planning and Contract Planning Services Education · B.S. Urban Planning - California State Polytechnic University, Pomona, CA · Graduate Studies, Regional Planning - California State Polytechnic University, Pomoma, CA · Landscape Architecture Certificate Program - University of California Extension, Berkeley, CA Professional Experience 1998 - Present: Ungo-McCormick Consulting, Principal 1998 - 1999: The Redevelopment Agency of the City of San Jos6, Project Manager/Guadalupe River Park Project Coordinator 1995 - 1998: Pacific Municipal Consultants, Senior Associate 1989 - 1995: Ruth and Going, Inc., Senior Planner/Plarming Manager 1984 - 1989: City of Livermore, CA, Planning Department, Associate Planner 1982 - 1984: City of LaVerne, CA ,Community Development Department, Assistant & Associate Planner 1981 - 1982 City of Norwalk, CA, Community Development Department, Planning Technician 1980 - 1981: City of Monterey Park, CA, Community Development Department - Planning Aide Professional Affiliations and Certifications · South Bay RAC (past) Chair, Northern Section Califomia Chapter APA · American Institute of Certified Planners · American Planning Association Deborah Ungo-McCormick, AICP btngo-3~-eormick O~onsulting Urban Planning and Contract Planning Services Contract Planning Services Current and Past Clients Bud Lortz, AICP - Director of Community Development TOWN Or LOS GATOS 110 E. Main Street Los Gatos, CA 95031 (408) 354-6874 Contract Planning Services: project manager for the Los Gatos General Plan Implementation Program. Trudi Ryan, AICP - Planning Officer CITY OF SUNNYVALE 456 West Olive Avenue, Sunnyvale, CA 94088-3707 (408) 730-7435 Contract Planning Services: development review, ordinance amendments, enviromental review. Carlos DeMelo - Principal Planner CITY OF BELMONT 1070 6th Avenue, Suite 320, Belmont, CA 94002 (650) 595-7440 Planning Services: staff support, development review, residential design review, zoning map and text amendments, plan checking. Jim MacKenzie, AICP - Senior Planer CITY OF Los ALTOS 1 San Antonio Rd.., Los Altos, CA (650) 948-2790 ext. 211 Planning Services: development review, residential design review, zoning conformance review. Deborah Ungo-McCormick, AICP Mngo-jVlC-eormick eonsuiting Urban Planning and Contract Planning Services Contract Planning Services Current and Past Clients (continued) George Foscardo, ACIP - Community & Economic Development Director CITY OF SAN BRUNO 567 E1 Camino Real, San Bruno, CA 94066-4299 (650) 877-8874 Planning Services: Specific Plan for multi-use development of U.S. Navy Site. Don de la Pefia, AICP - Redevelopment and Housing Director CITY OF MENLO PARK 701 Laurel Street, Menlo Park, CA 94025 (650) 858-3400 Planning Services: project manager for work program for Belle Haven Redevelopment Area projects; editor of the Belle Haven Neighborhood quarterly bilingual newsletter; site feasibility and reuse studies, and development review. Ciddy Wordel, AICP - City Planner CITY OF CUPERTINO 10300 Torte Avenue, Cupertino, CA 95014 (408) 777-3308 Planning Services: staff support, development review, Land Use and Community Design Element amendments.