HomeMy WebLinkAboutContracts & Agreements_34-200(STANDARD) AGREEMENT TO FURNISH
CONSULTING SERVICES
This Agreement is made and entered into this 4th day of April, 2000 by and between the City of
Redlands, a municipal corporation (hereinafter "City") and Hogle-Ireland, Inc., (hereinafter
"Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Consultant hereby agree as follows:
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform
professional planning consulting services ("Services") for the City's application processing
and staffing support (the "Project").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide high quality
Services for the Project at the level of competency presently maintained by other practicing
professional consultants in the industry providing similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are more particularly described in
Attachment "A," entitled "Scope of Work," which is attached hereto and incorporated herein
by this reference.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to the
performance of Consultant's Services.
3.2 City will provide access to and make provisions for Consultant to enter upon City -owned
property as required by Consultant to perform the Services.
3.3 City designates John Jaquess, to act as its representative with respect to the Services to be
performed under this Agreement.
A:muniagtl
1
Community Development Department
Hogle-Ireland, Inc.
April 4, 2000
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a diligent manner and in accordance with the Project
Schedule set forth in Attachment B.
ARTICLE 5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed
$13,000, in accordance with the attached engagement letter. City shall pay Consultant on
a time and materials basis at the hourly rates shown in the attached letter.
5.2 Consultant shall bill City within ten days following the close of each month by submitting
an invoice indicating the Services performed, who performed the Services, indirect costs, and
the detailed cost of all Services including backup documentation. Payments by City to
Consultant shall be made within 30 days after receipt and approval of Consultant's invoice,
by warrant payable to Consultant.
5.3 All contractual notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as
follows:
City
John Jaquess
Community Development Department
35 Cajon Street
P.O. Box 3005
Redlands, CA 92373
Consultant
Hogle-Ireland, Inc.
Attn: Pam Steele
4200 Latham Street, Suite B
Riverside, CA 92501
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. In all other instances, notices, bill and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom
notices, bills, and payments are to be given by giving notice pursuant to this paragraph.
A:muniagtl
2
Community Development Department
Hogle-Ireland, Inc.
April 4, 2000
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant shall maintain worker's compensation insurance and, in addition, shall maintain
insurance to protect City from claims for damage due to bodily injury, personal injury and
death, and claims for injury to or destruction of tangible property while performing the
Services required by this Agreement. Said public liability and property damage insurance
shall be in a minimum combined single limit of $1,000,000, and in $2,000,000 in the
aggregate. Consultant shall maintain professional liability insurance in the aggregate amount
of $1,000,000 with a minimum of $500,000 per occurrence. City shall be named as an
additional insured under all policies for public liability, property damage and comprehensive
automobile liability and professional liability insurance, and such insurance shall be primary
with respect to City and non-contributing to any insurance or self-insurance maintained by
the City. Consultant shall provide City with certificates of insurance evidencing such
insurance coverage prior to commencing the Services.
6.2 Consultant shall indemnify, hold harmless and defend City and its elected officials, officers,
agents and employees from and against all claims, loss, damage, charges or expense, to
which it or any of them may be put or subjected to the extent that they arise out of or result
from any willful or negligent act or actions, omission or failure to act on the part of the
Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of
them or anyone for whose acts or omissions any of them maybe liable in the performance of
the Services required by this Agreement.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees.
7.2 Consultant shall not assign any of the Services required by this Agreement, except with the
prior written approval of City and in strict compliance with the terms, provisions and
conditions of this Agreement.
A:muniagtl
3
Community Development Department
Hogle-Ireland, Inc.
April 4, 2000
7.3 Consultant's key personnel for the Project are,
Martha Diaz
Consultant agrees that the key personnel shall be made available and assigned to the Project,
and that they shall not be replaced without concurrence from City.
7.4 All documents, records, drawings, designs, costs estimates, electronic data files and
databases and other Project documents developed by the Consultant pursuant to this
Agreement shall become the property of City and shall be delivered to City upon completion
of the Services or upon the request of City. Any reuse of such documents for other projects
and any use of incomplete documents will be at City' s sole risk.
7.5 Consultant is for all purposes an independent contractor. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any personnel
retained by it be deemed to have been employed by City or engaged by City for the account
of or on behalf of City.
7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
7.7 This Agreement may be terminated by the City, without cause, by providing thirty (30) days
prior written notice to the Consultant (delivered by certified mail, return receipt requested)
of intent to terminate.
7.8 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall
be made, but (1) no amount shall be allowed for anticipated profit or unperformed services,
and (2) any payment due Consultant at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Consultant.
7.9 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services
affected, and (2) deliver or otherwise make available to City, copies (in both hard copy and
electronic form, where applicable), of any data, design calculations, drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
A:muniagtl
4
9097816014 HOGLE - IRELAND 856 PO5 MAR 29 '00 11:44
Community Development Department
Hogle-Ireland, Inc.
April 4, 2000
accumulated by Consultant in performing the Services required by this Agreement.
7.10 Consultant shall maintain books and accounts of all Project related payroll costs and all
expenses. Such books shall be available at all reasonable times for examination by the City
at the office of Consultant.
7.11 This Agreement, including the attachments incorporated herein by reference, represents the
entire agreement and understanding between the parties as to the matters contained herein,
and any prior negotiations, proposals or oral agreements are superseded by this Agreement.
Any amendment to this Agreement shall be in writing, approved by the City Council of City
and signed by City and Consultant.
7.12 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
TN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed
in confirmation of this Agreement.
City of Redlands
("City")
Of/t-lic"d4".
Mayor of the City of Redlands
ATTEST:
A:muningt1
5
("Consu taut")
`mac
Community Development Department
Hogle-Ireland, Inc.
April 4, 2000
CONSULTING SERVICES
ATTACHMENT A
ENGAGEMENT LETTER
A:muniagtl
HOGLE-IRELAND
CID
A Land Planning & Development Consulting Firm
March 23, 2000
Mr. John Jaquess, Planning Director
City of Redlands
P.O. Box 3005
35 Cajon Street
Redlands, CA 92373
SUBJECT: PLANNING SERVICES
Dear John:
Thank you for considering Hogle-Ireland Inc.,. for the City's planning services needs. As we discussed, the
City's current need is for an Associate level planner for 3 full days per week (27 hours) for six weeks. Services
would begin during the week of. March 27, 2000.
The planner we propose to provide to the City of Redlands is Martha Diaz. Martha's resume is attached and
as you can see, she has a rich and varied planning background which will provide the City the flexibility to
utilize her talents where they are most needed. She possesses excellent technical and interpersonal skills, and
is Spanish bilingual.
As we discussed, our published rates for an Associate level planner is $78.00/hr. However, for public agencies
where we are able to assign staff for full work days of eight or more hours, we can discount our fees by ten
percent. Therefore, our proposal to the City is to provide the planning services to the City at the hourly rate of
$70.20. We expect the term of this contract to be approximately six weeks and that the cost of all services
provided shall not exceed $13,000.00 unless adjusted by action of the City. Ms. Diaz shall report to the City
three full nine -hour days, or 27 hours, per week. As the needs occurs and Ms. Diaz' schedule allows, hours in
excess of 27 hours per week can be arranged upon mutual agreement between the City and Hogle-Ireland, Inc.
so long as the budget of $13,000 is not exceeded (again, unless otherwise adjusted).
Hogle-Ireland's costs are inclusive of all charges to the City except for any expenses incurred on behalf of the
City such as mileage to and from City Hall to a project site or on other City business at the request of City staff.
Hogle-Ireland also carries all insurances that are typically requested by a City, including errors and omissions
insurance.
Again, thank you for considering Hogle-Ireland, Inc. Should the above be acceptable, please indicate your
acceptance by signing below.
Sincerely, Accepted:
Pamela Steele
Principal
enclosure
City of Redlands
Date
4200 Latham Street, Suite B, Riverside, California 92501 • 909 / 787-9222 • r,\x 909 781-6014 • www.hogleireland.com
1 R\' 1 \
• R I V G R S I I) E
Martha Diaz
Associate Project Manager
SUMMARY OF QUALIFICATIONS AND EXPERIENCE
Ms. Diaz has a Masters degree in Urban and Regional Planning, with an extensive background in land use planning,
economic development and environmental review.
PROFESSIONAL EXPERIENCE
Hogle-Ireland, Inc., Irvine, CA - Associate Project Manager: Ms. Diaz provides a full range of planning services to a
variety of public and private clients.
Paragon Consulting, Oakland, CA - Principal: Ms. Diaz functioned as a contract planner to public agencies such as the
City of Campbell and City of Newark for General Plan amendments, zoning ordinance revisions, development review and
represented clients at community meetings and public hearings. Ms. Diaz coordinated and administered CEQA and NEPA
compliance for complex planning projects, conducted project feasibility studies and policy analyses, and processed all types
of land use and permit entitlements.
Moss & Associates, Santa Monica, CA - Senior Planner: Ms. Diaz was an Environmental Specialist for
telecommunications, PCS and paging clients. Ms. Diaz managed zoning, permitting and due diligence projects, conducted
regulatory, planning and environmental research with local jurisdictions, and prepared technical findings in support of project
proposals. Ms. Diaz coordinated development of project plans with engineers, graphics managers and architects and
represented clients at meetings and other project -related matters as needed.
Enterprise Zone Manager, City of Pasadena, CA: Ms. Diaz managed the City Enterprise Zone Program, RMDZ and
Foreign Trade Zone Programs, developed and implemented economic development plan for Enterprise Zone Program,
worked with lenders, real estate brokers and job development agencies. Ms. Diaz provided technical, planning and
permitting assistance Enterprise Zone businesses, served as liaison between City of Pasadena and Pasadena Economic
Development Corporation, and prepared and managed budget for program. Ms. Diaz prepared and presented staff reports
to Community Development Committee and City Council.
California Environmental Protection Agency, Berkeley, CA - Project Manager: Ms. Diaz served as Community Liaison
for regulatory and government affairs for Office of Environmental Health Hazard Assessment. Conducted policy analyses
on regulatory issues for Section Chief and Legal Counsel, developed public information materials on agency activities and
technical documents, and organized, facilitated, and attended workshops and meetings on behalf of agency. Ms. Diaz
prepared project budget proposals for submittal to State Department of Finance, and coordinated review of documents with
local, state and federal agencies.
California Environmental Protection Agency, Sacramento, CA - Project Manager: Ms. Diaz planned, developed and
administered State Recycling Market Development Zones (RMDZ), prepared requests for proposals and selected and
managed contracts for RMDZ programs. Ms. Diaz provided marketing, financial, planning and technical assistance to
jurisdictions and businesses, monitored, analyzed and evaluated programs to identify and make necessary changes. Ms. Diaz
conducted CEQA review of projects, plans and permits, and prepared and presented staff reports to Commissions, Councils,
Committees and Boards.
EDUCATION
Masters, Urban and Regional Planning, University of Hawaii
B.A., Environmental Sciences & Geography, University of California at Santa Barbara
Bilingual - Fluent in Spanish
PROFESSIONAL AFFILIATIONS
American Planning Association
Association of Environmental Professionals
CALED
voted to revoke $6,733.83 of Community Development Block Grant (CDBG)
funds from CDBG Administration Project No. 111-03000 and reallocated that
amount to the City Council's Unprogrammed Funds; to revoke $11,511.88 of
CDBG funds from the CDBG Administration Project No. 111-03000 and
reallocate that amount to Project No. 111-25103, Community Center, Phase III;
and to revoke $60,000.00 of CDBG funds from Project No. 111-22018 (Adult
Day Care Facility Expansion) and reallocate that amount to Project No. 111-
20718 (Adult Day Care Facility Acquisition - DASH).
Resolution No. 5750 - TRANS - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously adopted
Resolution No. 5750, a resolution authorizing and approving the borrowing of
funds for Fiscal Year 2000-2001; the issuance and sale of a 2000-2001 Tax and
Revenue Anticipation Note; and participation in the California Communities
Cash Flow Financing Program.
Contract - Planning Services - On motion of Councilmember George, seconded
by Councilmember Freedman, the City Council unanimously approved a
contract with Hogle-Ireland, Inc. to provide professional planning services to
the Community Development Department for a period not to exceed six weeks.
The costs for the services completed under this contract will be a not to exceed
amount of $13,000.00; this is covered by salary savings accrued during the
current fiscal year. The Community Development Department is experiencing a
heavy workload due to the improving economy and implementation of
Measure U with the same staffing as has existed for the past several years. One
of the staff is now out for an extended period of time on sick leave. It is
expected that he will return in approximately four to six weeks. In the interim,
the Planning Division is lacking adequate staffing to meet deadlines, review
plans, prepare staff repots, and provide customer assistance.
Funds - Contract - Socio-Economic Cost Benefit Study - On motion of
Councilmember George, seconded by Councilmember Freedman, the City
Council unanimously approved a contract with David Taussig and Associates,
Inc. to updated and modify the Cost Benefit Model as part of the Socio-
Economic Cost Benefit Study and approved an additional appropriation in the
amount of $4,000.00 to cover its cost.
Change Order - Community Center Renovations - On motion of
Councilmember George, seconded by Councilmember Freedman, the City
Council unanimously approved Change Order No. 3 to the contract for the
Community Center Renovations, Phase III, project in the amount of $26,080.00
and authorized staff to execute the change order to repair parapet wall and
exterior walls in various locations to make the building weathertight.
April 4, 2000
Page 3