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HomeMy WebLinkAbout2015-012 Pacific Municipal Consultants w City of Atascadero ,. R 1►�';; " ►� ► 3?rra l CHANGE ORDER 1913 x xa -7 P.O. # 02033 ` 5CAD Subject: Change Order-Nimrber: 1 Change Order Date: 6/10/2015 Vendor: Pacific Municipal Consultants (PMC) Purpose of Change Order., On June 9, 2015, Council authorized the City Manager to execute a change order for $10,000 to the contract with PMC for contract planning services in the Community Development Department to cover the anticipated amount of invoicing through the end of the fiscal year. Units Price A. Original Purchase Order $40,000.00 B. Previous Change Orders - / C. Purchase Order prior to this Change Order (A + B) - 40,000.00 D. Net Increase (decrease) of this Change Order 10,000.00 E_ Revised Purchase Order with all approved changes (C + D) 50,000.00 R omm de.. Aper ed: { Own _,J, f \ \ Request City Manager/Designee ITEM NUMBER: A-6 r DATE: 06109115 avn'.F, ''n:m iris � Atascadero City Council Staff Report-- City Manager's Office Extend Contract with Pacific Municipal Consultants (PMC) For Contract Planning Services RECOMMENDATION: Council authorize the City Manager to execute a change order for $10,000 to the contract with PMC for contract planning services in the Community Development Department. DISCUSSION: Pacific Municipal Consultants (PMC) is an agency which, among other services, provides contract staffing for planning, environmental, and municipal services to public agencies. PMC is an independent contractor that provides all salaries, benefits, insurance, liability coverage and taxes of the employees; the people working for or at the direction of PMC are employees or agents of PMC and are not employed by the City. Due to the current high volume of permit and other activity in the Community Development Department, together with several recent personnel changes and staffing coverage issues in the department which include the Senior Planner position being changed to part-time hours, the City Manager executed an agreement with PMC in February, 2015, to provide temporary employment services for an Assistant Planner. Since that time, PMC has been providing the City with the services of an Assistant Planner in the Community Development Department on a temporary basis. We anticipate that billing for the services being provided by PMC to the City through June, 2015, will exceed the $40,000 staff authority limit established in the purchasing policy. In order to continue current service levels, staff recommends that the City { Council authorize the City Manager to execute a change order for $10,000 to the ITEM NUMBER: A-6 ` DATE: 06109/95 _ . existing Agreement with PMC to cover the anticipated amount of invoicing through the i end of the fiscal year. At the end of the fiscal year, it is anticipated that the City would enter into another contract with PMC to continue the planning services until such time as a new planner position is added to the department or the demand for services drops from current levels. It is anticipated that an additional planner position will be added to the Community Development Department as part of the 2015-20.17 budget process; therefore at this time, it is expected that the 2015-2016 contract with PMC will not exceed the staff authority limit of$40,000. FISCAL IMPACT: The fiscal impact of the extension of the agreement for service for an additional 1 month is estimated to be approximately $10,000 of budgeted General Funds. ALTERNATIVES: Council could elect to not authorize the City Manager to extend the existing agreement. ._. ATTACHMENTS: None CITY OF ATASCADERO VY „" ® ,i t979 r.7 CONTRACT FOR Pacific Municipal Consultants (PMC) for Contract Planning Services age{. I'm Audi �w 78, CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Pacific Municipal Consultants (PMC) THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Pacific Municipal Consultants (PMC). a California corporation ("Consultant"). City and Consultant agree as follows: 1. SCOPE AND STANDARDS: \. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. EMPLOYMENT STATUS OF PERSONNEL. 1. INDEPENDENT CONTRACTOR, EMPLOYEES OF CONSULTANT. Consultant enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Consultant, its officers and employees (collectively hereinafter the "Consultant"), will perform the services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent business, and not as an employee of City. The persons used by Consultant to provide the services under this Agreement will not be considered employees of City for any purposes. The Consultant retains the sole right to control the work to be performed and the manner and means by which it is performed. Neither the City nor any of its officers, officials, employees, agents or volunteers shall have any control over the work of the Consultant other than providing a general description of the services to be performed under the Agreement. Consultant shall obtain no rights afforded to City employees, including, but not limited to, rights ree,5-1/00 1 City of Atascadero Pacific Municipal Consultants (PMC) �s .. 4 c' � w AL�iCADZ$U' u to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant. B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in unlawful employment harassment and/or discrimination because of an individual's protected classifrcation(s). "Protected Classification" includes race, religious creed, color, national origin, ancestry, military or veteran status, physical or mental disability, medical condition, genetic classifications or information, marital status, pregnancy, childbirth, or a related medical condition, age over 40, sex, gender, gender, gender identity, gender expression, sexual orientation (including heterosexuality, homosexuality and bisexuality),citizenship or sexual orientation, or any other classification protected under state, federal, or local law. E. STATUS OF CONSULTANTS EMPLOYEE. City agrees not to solicit for employment the employees of the Consultant involved in performance of services for the term of this Agreement and a, period of one year thereafter without the written permission of the Consultant. Nothing however in this paragraph shall preclude the City from publishing or otherwise distributing applications and information about job openings where such publication or distribution is directed to the general public. 3. TIME OF PERFORMANCE: The services of Consultant are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than June 30, 2016, unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. ,Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. rev 5/1/06 2 City of Atascadero Pacific Municipal Consultants (PMC) ,. t B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee). Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's express written authorization signed by the City Manager is given to Consultant for the performance of said services. 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:. A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City Manager may use any reasonable means to monitor performance and the Consultant shall comply with the City Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Consultant may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Consultant is legally obligated to comply with these Contracts. it is expressly the intent of the parties and it is agreed by the parties that the Consultant's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Consultant may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services required under this Contract. Consultant shall notify City of any changes in Consultant's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 10 DAYS NOTICE. The City, upon ten (10) days written notice, may terminate this Contract, without cause, at any time. Consultant may terminate this agreement for breach of this agreement with ten (10) days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from rev 511106 3 City of Atascadero Pacific Municipal Consultants (PMC) Consultant is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. 7. CHANGES: The City or Consultant may, from time to time, request changes in the scope of the services of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Consultant's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Consultant under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Consultant shall have no property right therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse of the materials prepared by the Consultant if used for purposes other than that for which the materials were intended. Consultant shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Consultant to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Consultant will be allowed to retain copies of all deliverables. B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Consultant in performing this Contract. Consultant will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Contract. Consultant further covenants that in the performance of this Contract, Consultant shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Consultant agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. rev 511106 4 City of Atascadero Pacific Municipal Consultants (PMC) 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Consultant shall promptly notify the other party should Consultant or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Consultant each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Consultant and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Consultant or City. However, City and Consultant's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit _C_. City acknowledges that ail equipment and other tangible assets owned and used by Consultant in providing these services are the property of Consultant and shall remain the property of Consultant upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in rev 5/1/06 5 City of Atascadero Pacific Municipal Consultants (PMC) T7aa1tr performing any of the work authorized by this Contract. Consultant shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Consultant shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of consultant to comply with this section, however should a conflict between such laws, ordinances, regulations or codes arise thereby causing Consultant to not comply with the terms of this section, Consultant will immediately advise City of the situation in writing at which time both parties shall work together to seek resolution and City will not interpret such conflict as a breach of this Agreement by Consultant. B. PREVAILING WAGES. In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant. 14, ASSIGNABILITY: Consultant shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. 15. LIABILITY OF CONSULTANT: Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Consultant's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors. 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, rev 5/1/06 6 City of Atascadero Pacific Municipal Consultants (PMC) Consultant shall indemnify, protect, and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorneys fees and costs to the extent same are caused by any negligence or wrongful act, error or omission of Consultant, willful misconduct, or recklessness of its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY.. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, the performance of this Agreement by Consultant or by any individual or entity for which consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 17. INSURANCE: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. i 18. RECORDS: Consultant shall maintain complete and accurate records with respect to--labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Consultant shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make rev 511106 - 7 City of Atascadero Pacific Municipal Consultants (PMC) jff .1Sry r` MY �y transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION NONPREPERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, national origin or other protected classification, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. I B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1104 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose ' sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly.waived. D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Consultant by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. rev 5/1/06 8 City of Atascadero Pacific Municipal Consultants (PMC) F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero City Manager 6500 Palma Avenue Atascadero, CA 93422 Consultant Pacific Municipal Consultants (PMC) Philip O. Carter 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Each art may chane the address at which it gives notice b giving ten 10 days party Y 9 g� Y 9 9 ( ) Y advance, written notice to the other party. rev 5/1/06 9 r City of Atascadero Pacific Municipal Consultants (PMC) :a K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Consultant warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Consultant to the performance of its obligations hereunder. Effective to this_9th day of _February , 2015 by the parties as follows. Pacific Municipal Consultants (PMC) By: Philip O. Carter, President Approved as to form: CITY OF ATASCADERO By: By. Brian Pierik, City Attorney Ra helle Rickard, City Manager rev 5/1/06 1 Q City of Atascadero Pacific Municipal Consultants (PMC) CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONSULTANT Philip O. Carter, President rev 5/1/06 11 EXHIBIT A Scope of Work Provide general planning services on an as needed basis as requested by the City. Services may include but are not limited to: o Provide planning information and respond to information requests from the public regarding zoning, land use and general conformance with the current Municipal Code ® Review permit application materials on behalf of the City of Atascadero for conformance with the current Municipal.Code. Application materials may include application forms, plans, calculation and other supporting documents. Review time frames shall be consistent with the City's processing timeline policies. • Conduct site visits, as required, to determine conformance of the project sites depicted in the applications with the materials submitted as part of the application package. • Prepare review comments and/or recommendations regarding conformance of the application materials with current Municipal , Code and published Building code Standards. Review comments and/or recommendations will be forwarded to the City in both electronic and hard copy formats. • Attend meetings as requested by the City. • Provide general planning services consultation when requested by the City with regard to development, infrastructure planning, City Municipal Code, or related issues. Other planning services as requested by the City. The services of an Associate Planner will be available to the City as needed for up to ten hours per week, with availability for occasional on-site meeting as may be needed. The services of an Assistant Planner will be available to the City as needed for up to forty hours per week onsite. A-1 EXHIBIT B Compensation and Method of Payment Services will be conducted on a time and material basis not to exceed the contractual amount of$40,000.00. Reimbursables are not included in this contract. Hourly rates for the requested services will be put forth by the consultant and agreed upon by the City in advance of consultant performing the requested service. Hourly rates shall be within the ranges set forth below in this contract. Any additional services authorized by the City of Atascadero, not included in the scope of services as defined by this contract, must be approved in the form of a City of Atascadero Change Order prior to performing additional work. All additional work authorized by a City of Atascadero change order will be compensated at the same unit cost for the defined services as agreed to in this contract. Payment will be made within 30 days after the receipt and approval of invoice. Payments to the consultant in excess of the contract amount of $40,000.00 will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges incurred outside of these contract terms will not be authorized for payment. Associate Planner $100.00 per hour Assistant Planner $ 65.00 per hour Additional staff may be authorized if and as requested by the City of Atascadero at the hourly rates set forth below. rev 511105 B-2 EXHIBIT B Compensation and Method of Payment / 2015 state Schedule Comprehensive Planning Services Sustainability Project Director/Ad»sor $180-S225 Project Director/Advisor 5180-522-S Principal Planner 5150-S1&0 Principal Climate Change Anatyst 5145-S255 Project Manager 5130-S1SD Program Manager $130-5160 Assistant Project Manager 5120-$13D Senior Planner 5120-S1SD Conservation&Resourn8 Planning Land Use Planner 5120-$130 Project Director/Advisor $180-5225 Associate Planner 505-S12D 5eniar Conservation Planner 5310-S125 Assistant Planner $85-595 Conservation Planner $9S-$12D Planning Technician S55-$75 Biology Environmental Services Project Dirertcvr/Advisor $1E43-5275 Project Director/A6visor 519D-$22S Senior Biologist $120-51541 CE-QA Project Manager S125-$17S Associate Biologist $90-51241 Senior Envirnnmenal Planner 5120-$15D Associate Environmental Planner S95-$120 Gi5 GIS Manager S125-5145 Urban Design&Revitalization GIS Analyst 595-S115 Project Directnr/Advi--or 5180-S725 Senior Urban Designer 5165-SS8D Housing&Redevelopment Urban Designer 5105-5130 Project Manager $125-S1SQ Senior Housing Planner $95-$115 Transportation Services Associate Housing Planner $E0-$90 Project Director/Ad,.isor 5180-522S Gmat.Technician 575-S80 Transportation Planner 5150-$150 Management Services Public Outreach Prin*al SZ25-5275 ProjeaDirecior/Adtrisar $180-SZ25 A sDdatePrincipal 5195-$225 Senior Public tnfoniz5anOfficer 512D-$150 Senior Associate PubricInformation Officer 59D-$12D Public EngagementCaordinator 59D-5120 Municipal Finance Project Director/Advisor $lE{7-$225 Creative Services Municipal Finance Manager $145-5165 Graphics Production Manager 5125-$145 Mur ieipal Finance Coordinator 5125-$145 Graphit/trtlebDesigner SSD-$115 Municipal Finance Analyst $85-5125 GrantWriting Meeting Facilitation Principal Grant Writer S90-5125 facilitation Services 5115-5175 Assistant Grant SpetiaGst $7Q-S9D Administrative Services SMARA Services Technical Editor $95-$125 Geologist 51S.0-S185 Adrnini trabve Support: $55-$95 Senior inspector $12D-$1.50 Associate Inspector 51OD-$120 ReimbursaMe expenses and subconsultants are billed at cost Pius It%atSrninistrative rnark-up. Elates are subject to a 3%increase eacb year. rev 5/1/06 B-3 EXHIBIT C Items Provided by City Certain services are required to be performed at City Hall for the City of Atascadero. The City shall provide the following to consultant when performing those services: • Access to a City computer Access to a workspace Any other equipment or supplies as may be reasonably expected to be needed by an on-site City planner while working at City offices. rev 511106 B-4 EXHIBIT D Insurance Requirements INSURANCE REQUIREMENTS: CONSULTANT SERVICES The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents,representatives, employees, or subconsultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1_ General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per claim. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either:the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and designated volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions: 1. The City, its officers, officials, employees, and designated volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant;premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees,or designated volunteers. . rev 511106 B-5 s 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City,its officers, officials, employees, and designated volunteers. Any insurance or self-insurance maintained by the City, its officers,officials, employees, or designated volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by U.S. mail, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Additional Insured The City of Atascadero will need to be added to the policy as Additional Insured by endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be accepted. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. rev 5/1/06 B-6 f 4 1. SCOPE AND STANDARDS:........................................................................................... 1 A. CONTRACT.......................................................................................................... 1 2. EMPLOYMENT STATUS OF PERSONNEL: ................................................................ 1 A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT............ 1 B. INDEPENDENT INVESTIGATION....................................................................2 C. COMPLIANCE WITH EMPLOYMENT LAWS.................................................2 D. UNLAWFUL DISCRIMINATION PROHIBITED..............................................2 3. TIME OF PERFORMANCE:............................................................................................2 4. COMPENSATION:...............................................:...........................................................2 A. TERMS..................................................................................................................2 B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING....................3 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL: ....................................3 A. CONSULTANT SUPERVISES PERSONNEL....................................................3 B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS........3 C. APPROVAL OF STAFF MEMBERS...................................................................3 6. TERMINATION................................................................................................................3 A. 30 DAYS NOTICE................................................................................................3 B. OBLIGATIONS SURVIVE TERMINATION...................................................... 3 7. CHANGES:........................................................................................................................4 8. PROPERTY OF CITY:......................................................................................................4 A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY...................... 4 B. CONSULTANT TO DELIVER CITY PROPERTY.............................................4 4. CONFLICTS OF INTEREST:...........................................................................................4 A. CONSULTANT.....................................................................................................4 10. CONFIDENTIAL INFORMATION:................................................................................5 A. ALL INFORMATION KEPT IN CONFIDENCE................................................ 5 B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE................................. 5 C. COOPERATION................................................................................................... 5 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:........................................... 5 A. CONSULTANT PROPERTY ...............................................................................5 B. SPECIAL SUPPLIES ............................................................................................ 5 12. COMPLIANCE WITH LAW:........................................................................................... 5 rev 5/1/06 B-7 Y 4 A. COMPLIANCE REQUIRED................................................................................5 B. PREVAILING WAGES ........................................................................................ 6 13. SUBCONTRACTING:...................................................................................................... 6 14. ASSIGNABILITY:............................................................................................................6 15. LIABILITY OF CONSULTANT:.....................................................................................6 16. INDEMNIFICATION: ...................................................................................................... 6 A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY................................6 B. INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY........7 C. GENERAL INDEMNIFICATION PROVISIONS. ..............................................7 17. INSURANCE:.................................................................................................................... 7 18. RECORDS:........................................................................................................................7 19. MISCELLANEOUS PROVISIONS: ................................................................................ 8 A. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT ................................................................................................................................ 8 B. UNAUTHORIZED ALIENS................................................................................. 8 C. GOVERNING LAW..............................................................................................8 D. ASSIGNMENT OR SUBSTITUTION..................................................................8 E. ENTIRE CONTRACT........................................................................................... 8 F. AMENDMENTS ...................................................................................................9 G. CONSTRUCTION AND INTERPRETATION....................................................9 H. WAIVER................................................................................................................9 I. SEVERABILITY...................................................................................................9 J. NOTICES...........................:................................................................................... 9 K.AUTHORITY TO EXECUTE...........................................:........................................ 10 rev 5/1/06 B-8 Approved June 23, 2015 A. CONSENT CALENDAR: 1. City Council Draft Action Minutes — May 15, 2015 — Special Meeting • Recommendation: Council approve the City Council Draft Action Minutes of the May 15, 2015, Special Meeting. [City Clerk] 2. City Council Draft Action Minutes — May 26, 2015 ■ Recommendation: Council approve the City Council Draft Action Minutes of May 26, 2015. [City Clerk] 3. April 2015 Accounts Payable and Payroll ■ Fiscal Impact: $1,471.847.31 ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for April 2015. [Administrative Services] 4. Atascadero Tourism Business Improvement District (ATBID) — Annual Assessment • Fiscal Impact: None • Recommendations: Council: 1. Approve the ATBID Annual Report; and, 2. Adopt the Draft Resolution of Intention, declaring intent to levy annual Business Improvement District assessment, and set a public hearing for June 23, 2015. [City Manager] 5. Parking & Business Improvement Area (PBIA) Assessment - (The annual PBIA assessment has been set at $0.00) ■ Fiscal Impact: None. ■ Recommendation: Council adopt the Draft Resolution of Intention, declaring intent to levy annual Downtown Parking & Business Improvement Area assessment, and set a public hearing for June 23, 2015. [City Manager] 6. Extend Contract with Pacific Municipal Consultants (PMC) for Contract Planning Services ■ Fiscal Impact: The fiscal impact of the extension of the agreement for service for an additional 1 month is estimated to be approximately $10,000 of budgeted General Funds. • Recommendation: Council authorize the City Manager to execute a change order for $10,000 to the contract with PMC for contract planning services in the Community Development Department. [City Manager] Atascadero City Council June 9,201 Page 3 of 13 Approved June 23, 2015 7. Final Map 2008-0166 (Tract 2959 ! TTM 2007-101) - Final Map 2008-0967 (AT 07-0229 / TPM 2007-0091) - 6905 Nava'oa - People's Self Help Housing ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Adopt and approve Tract Map 2959 (Final Map 2008-0166); and, 2. Adopt and approve Parcel Map AT 07-0229 (Final Map 2008-0167); and, 3. Accept the Public Utility Easements shown on Tract Map 2959 and Parcel Map AT 07-0229; and, 4. Reject without prejudice to future acceptance on behalf of the public, the offer of dedication shown on the map for Streets; and, 5. Authorize and direct the City Clerk to endorse the City Council's approval of the maps. [Community Development] 8. PLN 2014-1519 / ZCH 2004-0083 - Principal Mixed-Use Master Plan Amendment - 9105 Principal Avenue - (Principal Partners LLC / Oasis Associates ■ Fiscal Impact: A standard condition of approval has been included requiring emergency services and facility maintenance costs to be 100% funded by the project by annexing into the City's Community Facilities District. ■ Recommendation: Council adopt on second reading, by title only, Draft Ordinance A approving amendments to Zone Change 2004-0083 to an adopted Planned Development #24 overlay located on APNs 030-049- 001,013,019,020, based on findings. [Community Development] 9. Eagle Ranch Annexation and S ecific Plan - PLN 2008-1280 - Planning Consultant Contract Authorization ■ Fiscal Impact: The proposed contract will be revenue neutral to the City of Atascadero. The project applicant (Eagle Ranch, LLC) will be responsible for the payment of all consultant costs. Staff time will be charged according to the pre-established fee schedule. ■ Recommendation: Council authorize the City Manager to execute a contract with John F. Rickenbach Consulting in the amount $68,180 to provide professional planning consultation services to assist in the completion of the Eagle Ranch Annexation and Specific Plan. The project applicant (Eagle Ranch, LLC) will be responsible for the payment of all consultant costs. [Community Development] Mayor O'Malley announced that he will be recusing himself on Item #A-4 as he owns the Portola Inn and voting would be a conflict of interest. Atascadero City Council June 9,2015 Page 4 of 13 Approved June 23, 2015 MOTION: By Mayor Pro Tem Moreno and seconded by Council Member Fonzi to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (O'Malley abstained on Item #A-4) (Item #A-4: Resolution No. 2015-047, Item #A-5: Resolution No. 2015-048, Item #A-6: Contract No. 2015-012, Item #A-8: Ordinance No. 589, Item #A-9: Contract No. 2015- 013) UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Jim Patterson Mayor O'Malley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: 1. APL 2015-0021 - Appeal of Planning Commission Approval - PLN 2015- 1545 / CUP 2015-0290 - 8665 EI Camino Real "Fitness Evolution" - (JPlus Architects/GGD Oakdale, LLC) • Ex-Parte Communications: • Fiscal Impact: There is a slight positive fiscal impact expected from the operation of Fitness Evolution gym. ■ Recommendations: City Council: 1 . Adopt Draft Resolution A certifying CEQA Class 1 and Class 32 exemption, that the proposed project is exempt from California Environmental Quality Act (CEQA) review and associated findings; and, 2. Adopt Draft Resolution B denying the appeal of and upholding Planning Commission approval of Conditional Use Permit 2015-0290 to allow an indoor recreation service in the commercial retail district, based on findings and subject to conditions of approval. [Community Development] Community Development Assistant Planner Alfredo Castillo gave the staff report and answered questions from the Council. Atascadero City Council .lune 9,2015 Page 5 of 13 ITEM NUMBER: A-6 DATE: 06/09/15 Atascadero City Council Staff Report— City Manager's Office Extend Contract with Pacific Municipal Consultants (PMC) For Contract Planning Services RECOMMENDATION: Council authorize the City Manager to execute a change order for $10,000 to the contract with PMC for contract planning services in the Community Development Department. DISCUSSION: Pacific Municipal Consultants (PMC) is an agency which, among other services, provides contract staffing for planning, environmental, and municipal services to public agencies. PMC is an independent contractor that provides all salaries, benefits, insurance, liability coverage and taxes of the employees-, the people working for or at the direction of PMC are employees or agents of PMC and are not employed by the City. Due to the current high volume of permit and other activity in the Community Development Department, together with several recent personnel changes and staffing coverage issues in the department which include the Senior Planner position being changed to part-time hours, the City Manager executed an agreement with PMC in February, 2015, to provide temporary employment services for an Assistant Planner. Since that time, PMC has been providing the City with the services of an Assistant Planner in the Community Development Department on a temporary basis. We anticipate that billing for the services being provided by PMC to the City through June, 2015, will exceed the $40,000 staff authority limit established in the purchasing policy. In order to continue current service levels, staff recommends that the City Council authorize the City Manager to execute a change order for $10,000 to the ITEM NUMBER: A-6 DATE: 06/09/15 existing Agreement with PMC to cover the anticipated amount of invoicing through the end of the fiscal year. At the end of the fiscal year, it is anticipated that the City would enter into another contract with PMC to continue the planning services until such time as a new planner position is added to the department or the demand for services drops from current levels. It is anticipated that an additional planner position will be added to the Community Development Department as part of the 2015-2017 budget process; therefore at this time, it is expected that the 2015-2016 contract with PMC will not exceed the staff authority limit of$40,000. FISCAL IMPACT: The fiscal impact of the extension of the agreement for service for an additional 1 month is estimated to be approximately $10,000 of budgeted General Funds. ALTERNATIVES: Council could elect to not authorize the City Manager to extend the existing agreement. ATTACHMENTS: None Michael Baker We Make a Difference INTERNATIONAL July 22, 2015 Ms. Lori Brickey Finance Department CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 RE: PMC INTEGRATION INTO MICHAEL BAKER INTERNATIONAL Dear Ms. Brickey: This past February an agreement between PMC and Michael Baker International was finalized putting PMC under the ownership of Michael Baker International. As part of the steps of integration,we have begun using our new name of Michael Baker International, Inc.as of July 1, 2015 (CA Secretary of State entity#C 1003244, Federal Tax ID 25-1288638). The purpose of this letter is to formally inform you of these changes and to confirm that as Vice- President of Michael Baker International, Inc., I continue to have authority to contractually bind the firm. We will continue to bill and can be paid as PMC through the end of the year. If so desired by our client, we can also bill and be paid as Michael Baker International. - If there are any questions regarding this matter, please contact me at(916) 231-2229. Sincerely, Philip O. Carter Vice-President POC:pw 2729 Prospect Park Drive.Suite2201 Rancho Cordova,CA 95670 MBAKERINTLCOM City of Atascadero n 5 r °� '� '; CHANGE ORDER 191$ / P.O. # 02033 Subject: Change Order Number: 1 Change Order Date: 6/10/2015 Venclor: Pacific Municipal Consultants (PMC) Purpose of Change Order: On June 9, 2015, Council authorized the City Manager to execute a change order for $10,000 to the contract with PMC for contract planning services in the Community Development Department to cover the anticipated amount of invoicing through the end of the fiscal year. Units Price A. Original Purchase Order $40,000.00 B. Previous Change Orders - C. Purchase Order prior to this Change Order (A + B) - 40,000.00 D. Net Increase (decrease) of this Change Order 10,000.00 E. Revised Purchase Order with all approved changes (C + D) - 50,000.00 R omm d?O, Appr ed: b : �.. Reques a City Manager/Designee ITEM NUMBER: A-6 DATE: 06109115 i 1 d..b isia = p �s7e Atascadero City Council Staff Report- City Manager's Office Extend Contract with Pacific Municipal Consultants (PMC) For Contract Planning Services RECOMMENDATION: Council authorize the City Manager to execute a change order for $10,000 to the contract with PMC for contract planning services in the Community Development Department. DISCUSSION: Pacific Municipal Consultants (PMC) is an agency which, among other services, provides contract staffing for planning, environmental, and municipal services to public agencies. PMC is an independent contractor that provides all salaries, benefits, insurance, liability coverage and taxes of the employees; the people working for or at the direction of PMC are employees or agents of PMC and are not employed by the City. Due to the current high volume of permit and other activity in the Community Development Department, together with several recent personnel changes and staffing coverage issues in the department which include the Senior Planner position being changed to part--time hours, the City Manager executed an agreement with PMC in February, 2015, to provide temporary employment services for an Assistant Planner. Since that time, PMC has been providing the City with the services of an Assistant Planner in the Community Development Department on a temporary basis. We anticipate that billing for the services being provided by PMC to the City through June, 2015, will exceed the $40,000 staff authority limit established in the purchasing policy. In order to continue current service levels, staff recommends that the City Council authorize the City Manager to execute a change order for $10,000 to the ITEM NUMBER: A-6 DATE: 06/09/15 existing Agreement with PMC to cover the anticipated amount of invoicing through the end of the fiscal year. At the end of the fiscal year, it is anticipated that the City would enter into another contract with PMC to continue the planning services until such time as a new planner position is added to the department or the demand for services drops from current levels. It is anticipated that an additional planner position will be added to the Community Development Department as part of the 2015-2017 budget process; therefore at this time, it is expected that the 2015-2016 contract with PMC will not exceed the staff authority limit of$40,000. FISCAL IMPACT: The fiscal impact of the extension of the agreement for service for an additional 1 month is estimated to be approximately $10,000 of budgeted General Funds. ALTERNATIVES: Council could elect to not authorize the City Manager to extend the existing agreement. ATTACHMENTS: None CITY OF ATASCADERO r, CONTRACT FOR Pacific Municipal Consultants (PMC) for Contract Planning Services 1 <-'q'•' iMMi C--I 1979'-7 CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Pacific Municipal Consultants (PMC) THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Pacific Municipal Consultants (PMC), a California corporation ("Consultant"). City and Consultant agree as follows: 1. SCOPE AND STANDARDS: \. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. ?. EMPLOYMENT STATUS OF PERSONNEL: .A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Consultant, its officers and employees (collectively hereinafter the "Consultant"), will perform the services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent business, and riot as an employee of City. The persons used by Consultant to provide the services under this Agreement will not be considered employees of City for any purposes. The Consultant retains the sole right to control the work to be performed and the manner and means by which it is performed. Neither the City nor any of its officers, officials, employees, agents or volunteers shall have any control over the work of the Consultant other than providing a general description, of the services to be performed under the Agreement. Consultant shall obtain no rights afforded to City employees, including, but not limited to, rights rev 5/1/06 1 City of Atascadero Pacific Municipal Consultants (PMC) to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant. B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in unlawful employment harassment and/or discrimination because of an individual's protected classification(s). "Protected Classification" includes race, religious creed, color, national origin, ancestry, military or veteran status, physical or mental disability, medical condition, genetic classifications or information, marital status, pregnancy, childbirth, or a related medical condition, age over 40, sex, gender, gender, gender identity, gender expression, sexual orientation (including heterosexuality, homosexuality and bisexuality),citizenship or sexual orientation, or any other classification protected under state, federal, or local law. E. STATUS OF CONSULTANTS EMPLOYEE. City agrees not to solicit for employment the employees of the Consultant involved in performance of services for the term of this Agreement and a- period of one year thereafter without the written permission of the Consultant. Nothing however in this paragraph shall preclude the City from publishing or otherwise distributing applications and information about job openings where such publication or distribution is directed to the general public. 3. TIME OF PERFORMANCE: The services of Consultant are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than June 30, 2016, unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. -Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. rev 5/1/06 2 City of Atascadero ZIA Pacific Municipal Consultants (PMC) r ` y B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee). Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's express written authorization signed by the City Manager is given to Consultant for the performance of said services. 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:. A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City Manager may use any reasonable means to monitor performance and the Consultant shall comply with the City Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Consultant may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Consultant is legally obligated to comply with these Contracts. it is expressly the intent of the parties and it is agreed by the parties that the Consultant's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Consultant may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services required under this Contract. Consultant shall notify City of any changes in Consultant's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed.staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 10 DAYS NOTICE. The City, upon ten (10) days written notice, may terminate this Contract, without cause, at any time. Consultant may terminate this agreement for breach of this agreement with ten (10) days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from rev 511106 3 City of Atascadero Pacific Municipal Consultants (PMC) z Consultant is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. 7. CHANGES: The City or Consultant may, from time to time, request changes in the scope of the services of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Consultant's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Consultant under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Consultant shall have no property right therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse of the materials prepared by the Consultant if used for purposes other than that for which the materials were intended. Consultant shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Consultant to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Consultant will be allowed to retain copies of all deliverables. B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Consultant in performing this Contract. Consultant will be allowed to retain copies of ail deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Contract. Consultant further. covenants that in the performance of this Contract, Consultant shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Consultant agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. rev 511106 4 City of Atascadero Pacific Municipal Consultants (PMC) i•� 7 OF 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Consultant shall promptly notify the other party should Consultant or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Consultant each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Consultant and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Consultant or City. However, City and Consultant's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit —C_. City acknowledges that all equipment and other tangible assets owned and used by Consultant in providing these services are the property of Consultant and shall remain the property of Consultant upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Consultant shall observe and comply with ail applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in rev 5/1/06 5 City of Atascadero Pacific Municipal Consultants (PMC) performing any of the work authorized by this Contract. Consultant shall at all times hold a vafid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Consultant shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of consultant to comply with this section, however should a conflict between such laws, ordinances, regulations or codes arise thereby causing Consultant to not comply with the terms of this section, Consultant will immediately advise City of the situation in writing at which time both parties shall work together to seek resolution and City will not interpret such conflict as a breach of this Agreement by Consultant. B. PREVAILING WAGES. In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant. 14. ASSIGNABILITY: Consultant shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for morfey due or to become due Consultant from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. 15. LIABILITY OF CONSULTANT: Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Consultant's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors. 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, rev 511106 6 City of Atascadero Pacific Municipal Consultants (PMC) - Consultant shall indemnify, protect, and hold harmless City and any and all of its officials, employees and agents (°Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorneys fees and costs to the extent same are caused by any negligence or wrongful act, error or omission of Consultant, willful misconduct, or recklessness of its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY.. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, the performance of this Agreement by Consultant or by any individual or entity.for which consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 17. INSURANCE: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to--labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Consultant shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make rev 511106 7 City of Atascadero Pacific Municipal Consultants (PMC) ver r ^v transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION ! NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, national origin or other protected classification, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction. being expressly.waived. D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Consultant by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the panties and documentation of any kind without limitation. rev 5/1/06 8 City of Atascadero Pacific Municipal Consultants (PMC) F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed `a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. .I, NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero City Manager 6500 Palma Avenue Atascadero, CA 93422 Consultant Pacific Municipal Consultants (PMC) Philip O, Carter 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. rev 5/1/05 9 r City of Atascadero Pacific Municipal Consultants (PMC) y' K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Consultant warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Consultant to the performance of its obligations hereunder. Effective to this —9th day of _February , 2015 by the parties as follows. Pacific municipal Consultants (PMC) By: Philip O. Carter, President Approved as to form: CITY OF ATASCADERO 0oJ By: By� �� 1�►� Brian Pierik, City Attorney Ra helle Rickard, ity Manager rev 513/06 10 City of Atascadero Pacific Municipal Consultants {PMC} A W-P- 1 CERTIFICATE OF COMPLIANCE WITH LABOR COBE § 3700 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and l have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONSULTANT Philip O. Carter, President rev 5/1/06 1 EXHIBIT A Scope of Work Provide general planning services on an as needed basis as requested by the City. Services may include but are not limited to: • Provide planning information and respond to information requests from the public regarding zoning, land use and general conformance with the current Municipal Code • Review permit application materials on behalf of the City of Atascadero for conformance with the current Municipal Code. Application materials may include application forms, plans, calculation and other supporting documents. Review time frames shall be consistent with the City's processing timeline policies. • Conduct site visits, as required, to determine conformance of the project sites depicted in the applications with the materials submitted as part of the application package. • Prepare review comments and/or recommendations regarding conformance of the application materials with current Municipal Code and published Building code Standards. Review comments and/or recommendations will be forwarded to the City in both electronic and hard copy formats. • Attend meetings as requested by the City. • Provide general planning services consultation when requested by the City with regard to development, infrastructure planning, City Municipal Code, or related issues. • Other planning services as requested by the City. The services of an Associate Planner will be available to the City as needed for up to ten hours per week, with availability for occasional on-site meeting as may be needed. The services of an Assistant Planner will be available to the City as needed for up to forty hours per week onsite. A-1 EXHIBIT B Compensation and Method of Payment Services will be conducted on a time and material basis not to exceed the contractual amount of $40,000.00. Reimbursabies are not included in this contract. Hourly rates for the requested services will be put forth by the consultant and agreed upon by the City in advance of consultant performing the requested service. Hourly rates shall be within the ranges set forth below in this contract. Any additional services authorized by the City of Atascadero, not included in the scope of services as defined by this contract, must be approved in the form of a City of Atascadero Change Order prior to performing additional work. All additional work authorized by a City of Atascadero change order will be compensated at the same unit cost for the defined services as agreed to in this contract. Payment will be made within 30 days after the receipt and approval of invoice. Payments to the consultant in excess of the contract amount of $40,000.00 will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges incurred outside of these contract terms will not be authorized for payment. Associate Planner $100.00 per hour Assistant Planner $ 66.00 per hour Additional staff may be authorized if and as requested by the City of Atascadero at the hourly rates set forth below. rev 5/1106 B-2 EXHIBIT B Compensation and Method of Payment A/1 C` 2045 Rate Schedule comprehensive Ptaanir gservices SustaTnability Project DirectorlAdvisor $190-5225 Prajsct Director/Advisor SIN-5223 Principal Planner 51so-$18D PrinCipalClimate-Change Analy-st 5145-$165 ProjectManager S23D-SISD Program Manager 5130-S160 Assistant Project Manager 5120-$136 Senior Planner S120-5150 conservation&Resaurr a PianraTng Lw6 Use Planner S1211-$13D ProjectDirectar/Advisor 5180-$225 Assuctate Planner $95-$120 Senior Conservation Pbnner $110-SI25 Assistant Planner $85-$95 Conservation Planner $95-$1211 Ptanning Techni dan Hio?agy Environmental Services Pray-att Director/Advisor SIN-S225 ProjectDireuorfAdvisor $180-$2225 SeniorBialoglstt 5120-$150 CECIA Project Manager $125-5175 Associate Biologist $90-S226 Seniar fm�rronvnental Planner $in-$ISO Associate EniircnivzntalPlanner $95-$12D GIs GLS Wanager $125-Sias Urban Design&Revitalizaban GIS AnaW $95-$1 LS Project.Diretor/Advisor SM-$225 Senior Urban Designer 5155-$ISA Herring K Redevelopment Urban Designar 5105-5130 Project Manager 5125-6357✓ Senior Housing Planner $9S 6315 Transportation Servltes Associate Rousing Planner ySD-$9D Project Director/Advisar S180-5225 Grant Technician $75-$80 Transportation Planner 5350-SIED Management Sen dctas PlibIIC outreach Principal 5225-5275 Project Director/Adadsor 5380-5225 Assadatel4incipal 5195-$22S Senior Public Information Officer 6121)-SISD SeniorAysodate $180-$225 Public:lnto:ntatlonOfficer S9D-5126 PublicErigagementCoardinator 59D-S120 munitipalviinante Preject Direttnr/'Avhvisor $189-S2Z$ creative Services Municipar Finance Manager $145-516S GraphisPrWucfionManager 6125-$144 MurkipalFinance CoarcSnatar $125-5145 Graphi4Web Designer $81)-5115 Municipal Finance Analyst $65-sin Gxrant Writing Meeting Facflita tian Principal Grant Writer 580-$125 Facilitutor;Services 5115-$275 Assistant Gram SReciaiist $73-$90 AdminEstrative Semites SMARA Services Te6nicat Editor $85-$17-5 Geologist 5154-51a5 AdrnirfistrativeStrppnrt Senior inspector S22D-$150 Associate tr.5pe--tDr $1330-5120 Reimbursable expenses a nd subconsuttants are tRed at mist plus:10%administrative mirk-up. Rates are subject to a 3%increase each year. rev 5/1106 B-3 EXHIBIT C Items Provided by City Certain services are required to be performed at City Hall for the City of Atascadero. The City shall provide the following to consultant when performing those services: © Access to a City computer Access to a workspace ® Any other equipment or supplies as may be reasonably expected to be needed by an on-site City planner while working at City offices. rev 5/1/06 B--4 EXHIBIT D Insurance Requirements INSURANCE REQUIREMENTS: CONSULTANT SERVICES The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant,its agents, representatives, employees, or subconsultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per claim. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,officials, employees and designated volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions: 1. The City,its officers, officials, employees, and designated volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant;products and completed operations of the Consultant;premises owned,occupied or used by the Consultant; or automobiles owned, leased,hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, or designated volunteers. rev 511106 B-5 2. For any claims related to this project,the Consultant's insurance coverage shall be primary insurance as respects the City,its officers, officials, employees, and designated volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or designated volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each.insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice by U.S. mail, has been given to the City_ Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Additional Insured The City of Atascadero will need to be added to the policy as Additional Insured by endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be accepted. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. rev 511106 B-6 ~ ^ - � l. SCOPE AND STANDARDS:........................................................................................... l A. CONTRACT........................................................................................................... } Z. EMPLOYMENT STATUS OF PERSONNEL: ................................................................ I A. INDEPENDENT CONTRACTOR;EMPLOYEES OF CONSULTANT............ ] B. INDEPENDENT INVESTIGATION....................................................................2 C. COMPLIANCE WITH EMPLOYMENT LAWS.................................................2 D. UNLAWFUL ' DISCRIMINATION ..............................................2 3. TTlvfE OF _--._-.--.-..--..---_---_--_--_-_.2 4. C -----'---._.-..--_----..,..---.--.-'--'_.'..---'_-'-_..2 � A. TERMS..................................................................................................................2 B. N{]PAY FOR ADDinONAL SERVICES WITHOUT WRITING....................3 S. Sl]PEIlVIQON� LAB{}R AGREEMENTS AND PERSONNEL: ....................................3 A. CONSULTANT SUPERVISES PERSONNEL....................................................3 B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS........ 3 C. APPROVAL(]F STAFF MEMBERS...................................................................3 0' TERMINATION.--'----_------'._'_-_--'..--_-..-_--._...,.,'.'.'^---__3 A. 30DAYS NOTICE................................................................................................3 B. OBLIGATIONS SURVIVE ...................................................... 3 � 7. CHANGES:.........................................................................................................................4 0. PROPERTY(}FCITY:......................................................................................................4 A. MATERIALS PREPARED EXCLUSIVE PROPERTY OFCITY......................4 B. CONSULTANT T(}DELIVER CITY .............................................4 9. CONFLICTS OFINTEREST:...........................................................................................4 A. CONSULTANT-----'----------'---^^'----------...-..'-__-_4 10' _________.,__^____________._,._____5 � A. ALL INFORMATION KEPT IN CONFIDENCE................................................ 5 B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE.................................. 5 C. C[) '--_-_--'---------------_--....._----'----5 Il. PROVISION (]FLABOR, EQUIPMENT AND SUPPLIES:...........................................5 A. CONSULTANT PROPERTY ............................................................................... 5 B. SPECIAL SUPPLIES ............................................................................................ 5 12' COMPLIANCE WITH LAW:........................................................................................... 5 rev 511/06 B-/ ^ , A. C ---'------'-------'—'^`—`----------'5 B. PREVAILING WAGES ........................................ ...............................................6 13. SUB —^.__--_--'____,,._._.^__.__.___________.__~,_6 14. A8 ..............................................................._...........................................6 15' LIABILITY OF —_-------.'----------_---------~—'---'6 16. : ---^—'''------'--^—'^—~~-----------'—'----'~~6 A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY................................6 B. INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY........7 C. GENERAL INDEMNIFICATION PROVISIONS. ..............................................7 17. .-----_—'—.—'^~'---'_''--..^'^----------~.~.—.—.----------__7 7 18. RECORDS:.............................................. lg. MISCELLANEOUS PROVISIONS: ................................................................................ U A. TIAL TREATMENT STATEMENT ..............................................................'............................................................--` — � B. UNAUTHORIZED ALIENS................................................................................. # C. GOVERNING LAW.............................................................................................. 8 D. ASSIGNMENT OR SUBSTITUTION__----'------. ~~...__----^—.. & EENTIRE —.---..—..~_.....^---''^—.----_.---_—.^—.~'—.-8 F. AMENDMENTS —_---~--_.--_-------'---'_—_.—~ ..--_-------'9 CL CONSTRUCTION AND INTERPRETATION....—..—...---.------'---.'9 H. WAIVER................................................................................................................9 � I. SEVERABILITY..~..._'----_~^^^—'~~~^^^''--'~^------------'—^'^^9 INOTICES.................................................................................................................g K. AUTHORITY TY] EXECUTE.---_--._......----_---.—_.-----_--.—'..'—, lO rev B-8 � � �f T Y OF ATASC,DLEERO r. M, 1879 CONTRACT FOR Pacific Municiaai Consultants (PMC; for Contract Planning Services tats I19 '- �rw 179 COItSIJ_TAIl1T SERVICES A-F.EEMEti T FOR THE CITY OF ATASCADERO Pacific Municipal Consultants (PMC) THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Pacific Municipal Consultants (PMC), a California corporation ("Consultant"). City and Consultant agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Consultant, its officers and employees (collectively hereinafter the "Consultant"), will perform the services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent business, and not as an employee of City. The persons used by Consultant to provide the services under this Agreement will not be considered employees of City for any purposes. The Consultant retains the sole right to control the work to be performed and the manner and means by which it is performed. Neither the City nor any of its officers, officials, employees, agents or volunteers shall have any control over the work of the Consultant other than providing a general description of the services to be performed under the Agreement. Consultant shall obtain no rights afforded to City employees, including, but not limited to, rights rev 5/1/06 1 City of Atascadero Pacific Municipal Consultants (PMC) to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tar, withholdings on behal of Consultant. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant. B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work, to be done and labor and materials needed, and that its decision to execute this Contra:.' is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAA/VS. The Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIIVIiNATiON PROHIBITED. Consultant shall not engage in unlawful employment harassment and/or discrimination because of an individual's protected classification(s). "Protected Classification" includes race, religious creed, color, national origin, ancestry, military or veteran status, physical or mental disability, medical condition, genetic classifications or information, marital status, pregnancy, childbirth, or a related medical condition, age over 40, sex, gender, gender, gender identity, gender expression, sexual orientation (including heterosexuality, homosexuality and bisexuality),citizenship or sexual orientation, or any other classification protected under state, federal, or local law. E. STATUS OF CONSULTANTS EMPLOYEE. City agrees not to solicit for employment the employees of the Consultant involved in performance of services for the term of this Agreement and a period of one year thereafter without the written permission of the Consultant. Nothing however in this paragraph shall preclude the City from publishing or otherwise distributing applications and information about job openings where such publication or distribution is directed to the general public. 3. TIME OF PERFORMANCE: The services of Consultant are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than June 30, 2016, unless extended by the mutual agreement of both parties. A. COMPENSATIOIt: A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. rev 5/]/U6 r:,n. City of Atascadero Pacific Municipal Consultants (PMC) 0� B. NO PAY FOR ADDITIONAL SERVICES WiTHOUT WRITING. Consultant shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the Cite Manager or the City Wianager's designee (hereinafter "City Mianager" shall include the City K/ianager's designee). Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's express written authorization signed by the City Manager is given to Consultant for the performance of said services. SUPERVISION. L ABOP. AGREEI\1iENTS r.ND PERSONNE! A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the responsibiiit�t for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the_performance of services and control of personnel. The City Manager may use any reasonable means to monitor performance and the Consultant shall comply with the City Manager's request to monitor performance. B. PERFORiViANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Consultant may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Consultant is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Consultant's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Consultant may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services required under this Contract. Consultant shall notify City of any changes in Consultant's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 10 DAYS NOTICE. The City, upon ten (10) days written notice, may terminate this Contract, without cause, at any time. Consultant may terminate this agreement for breach of this agreement with ten (10) days written notice, In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from rev 5!1/06 3 City of Atascadero Pacific IViunicipal Consultants (PMC) A - Consultant is determined. All of the indemnification, defense and hold harmless obiioations in this Contract shall survive termination. CHANGE:& The City or Consultant may, from time to time, request changes in the scope of th-e services of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall bs incomorated ire; written amendments tc this Oontract. Any increase in the amount o: Consultant's compensation and/or changes in Exhibit A and or Exhibit b MUST De authorized in advance by the City Mianaaer. �. PROPERTY OF CITY: A. MATERIALS PREPARED EAXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Consultant under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Consultant shall have no property right therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse of the materials prepared by the Consultant if used for purposes other than that for which the materials were intended. Consultant shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Consultant to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Consultant will be allowed to retain copies of all deliverables. B. CONSULTANT TO DELIVER CiTY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or.accumulated to date by the Consultant in performing this Contract. Consultant will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Contract. Consultant further covenants that in the performance of this Contract, Consultant shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City i 4anager. Consultant agrees to at ail times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Consultant agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. rev 511106 4 City of Atascadero Pacific Municipal Consultants (PMC) 10. CONFIDENTIAL INFORMATION: ,k. ALL INFORI\fiATION KEPT IN CONFIDENCE. Ali materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its officers. employees, or subcontractors does voiuntarily provide information in violation of this Contract, the City has the right is reimbursement and indemnity from party releasing such information for any damage:. caused by the releasing party's, including, the non-raleasing party's attorney's fees and disbursements, including without limitation e):peri s fees and disbursements. C. COOPERATION. City and Consultant shall promptly notify the other party should Consultant or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the wort: performed thereunder or with respect to any proiect or property located within the City. City and Consultant each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Consultant and City agree to cooperate fully with the other party and 'to provide the other party with the opportunity to review any response to discovery requests provided by Consultant or City. However, City and Consultant's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit _C . City acknowledges that all equipment and other tangible assets owned and used by Consultant in providing these services are the property of Consultant and shall remain the property of Consultant upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. 12. COMPLIANCE WITH LAVV: A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in rev 5/1/06 City of Atascadero Pacific Municipal Consultants (PMC) performing any of the work authorized by this Contract. Consultant shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing vvith section 7000) of Division s of the California Business and Professions Code, and Consultant shall provide a copy of the iicense(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liabie at lam, or in equity as a result of any failure of consultant to comply with this section, however should a conflict between such laws. ordinances, regulations or codes arise thereby causing Consultant to not comply with the terms of this section, Consultant will immediately advise City of the situation In writing at Whici. time both parties shall wort: together to seek resolution and City will not interpret such confiici as a brach of this Agreement by Consultant. B. PREVAILING WAGES. In the event it is determined that the Consultant is required to pay prevailing wages for the wort: performed under this Agreement, the Consultant shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant. 14. ASSIGNABILITY: Consultant shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager, Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. 15. LIABILITY OF CONSULTANT: Consultant shall be responsible for performing the wort: under this Contract in a manner which is consistent with the generally accepted standards of Consultant's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors .and subcontractors. The City shall have no right of control over the manner in which the wort: is to be done but only as to its outcome, and shall not be charged with the responsibili4, of preventing risk to Consultant or its employees, agents, contractors or subcontractors. 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, rev 511106 6 h City of Atascadero Pacific Municipal Consultants (PI\AC) . r Consultant shall indemnify, protect, and hold har-miess City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorneys fees and costs to the extent same are caused. by any negiigence o; wrongful act, error or omission of Consultant, willful misconduct, or recklessness of its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER. THAN PROFESSIONAL LIABILITY. Other than it the performance of professional services and to the full extent permitted by iaw, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any iiabiiity (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, the performance of this Agreement by Consultant or by any individual or entity for which consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. in the event consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 17. INSURANCE: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Consultant shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make rev 5/1/06 7 Citi! of Atascadero Pacific 1Jiunicipal Consultants (PMC) 011 soov .. transcripts therefrom as necessary, and shall allow inspection of all work:, data, documents, proceedings, and activities related to this Contract. Such, records. together with supporting documents, shall be maintained for a Deriod of three (3)) )fears after receipt OI Final payment. 19. MISCELLANEOUS PROVISIONS'. A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIIAIN.= TION NONPREi=ERE.NTIAL TREATIAENT S T ATEIfiE N T in performing this Contract the oarties shal'i not dis:,riminate or gr ani preferential treatment Or the Dasi-s of raOe, se;; colo". ape reiigion., sexual orientation; disability. Othnicit)', national origin Or Otne' DrOteCted .;i2ssificatior; and shall comply to the fullest extent aliowed by law, with, all appiiCa.Die iocai, state, and feclar?I laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work; and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to. and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the Citjy in connection therewith. C. GOVERNING LAW, The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Consultant by this Contract. in recognition of that interest, neither any complete nor partial assignment of this Contract,.may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. rev]/1/06 City of Atascadero Pacific Miunicipal Consultants (PIMC) F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity revise the provisions of this Contract and to have such prOv)sions reviewed by legal counsel. Therefore. any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as G substantive portion of this Contra-.t. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, iliegal or unenforceable. J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a proper), addressed envelope and deposited in a United States Post Office for defivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero City Manager 6500 Palma Avenue Atascadero, CA 93422 Consultant Pacific Municipal Consultants (PMC) Philip 0. Carter 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. rn! 5/1/06 9 City of Atascadero Pacific Municipal Consultants (PMC) s K. ,-';JTZ iOP.i ;' TO The person; or persons executinc this Contract on behaff o Consultant warrant and represent that they ha\re the authoriiv- tC execute this onira.L or, behalf of their agency and further warrant and represent that they have the authority to bind Consultant to the performance of its obligations hereunder. Effective to this _9th day of _February 20'115 by the parties as follows. P acifi6 ilk uniciP r C-lor:sutt.an-EEs fay; Phiiip 0. Carter, President Approved as to forrn: CETY Or- ATASCADER0 Brian Pierik, City Attorney Rachelle Richard, City Mianager ran 511106 10 City of Atascadero Pacific Municipal Consultants (PMC) CERT€FICkTE OF COMPLIANCE WITH LABOR CODE § a7DO arra aware of the provisions of Sectiort 3700 0f the Labor Cod- whicl1 reauir ever' employer to be insured against liabiiity Tor workers' compensation o-to undertake self-insurance in accordance with the provisions of that code, and E have complied or will comply with such provisions before commencing the performance of the wort: of this contract. (Cal. Labor C. §§1860, 1861.) CONSULTANT Philip O. Carter, President reg 511106 t} EXH{B[T A Scope of Work Provide general planning services on an as needed basis as requested by the City. Services may include but are not iimited to: Provide planning information and respond to information requests from the public retarding zoning„ land use and general conformance with the current- ldiunicipai Code- Review odeReview permit appiication. maieriais or, bei�al� o`e, City o AtascaQerC• for conformance with the current Municirpai Code. ADpiication material's may inciude. appiicatior, forms, plans, calculation and other supporting documents. Review time frames shall be consistent with the City's processing timeline policies. t Conduct site visits, as required, to determine conformance of the project sites depicted in the applications with the materials submitted as part of the application package. Prepare review comments and/or recommendations regarding conformance of the application materials with current h4unicipal Code and published Building code Standards. Review comments and/or recommendations will be forwarded to the City in both electronic and hard copy formats. • Attend meetings as requested by the City. Provide general planning services consultation when requested by the City with regard to development, infrastructure planning, City Municipal Code, or related issues. E Other planning services as requested by the Ci4.1. The services of an Associate Planner will be available to the City as needed for up to ten hours per week, with availability for occasional on-site meeting as may be needed. The services of an Assistant Planner will be available to the City as needed for up to rorty hours per week onsite. A-I EXHIBIT B Compensation and Method of Payrnant .services will be conducted on a time and material basis not to exceed the contractual amount of 540,000.00. Reimbursables are not included in this contract. Hourly rates for the requested services will be put forth by the consultant and agreed upon by the City in advance of consultant performing the requested service. Hourly rates shall be within the ranges set forth below in this contract. Any additional services authorized by' the C ity of Atascadero, not Inciuded it the scope of senlices as defined by this contmcf, must be approved in the form of a City of f�tascaderc Change Order prior to performing additional work. All additional work authorized b}l a Cit+.- of Atascadero change order will be compensated at the same unit cost for the defined services as agreed to in this contract. Payment will be made within 30 days after the receipt and approval of invoice. Payments to the consultant in excess of the contract amount of $40,000.00 will not be made unless written authorization is executed prior to the date of the additional requested work- Any charges incurred outside of these contract terms will not be authorized for payment. Associate Planner $100.00 per hour Assistant Planner $ 05.00 per hour Additional staff may be authorized if and as requested by the City of Atascadero at the hourly rates set forth below. rev 5/I/06 B-2 EXHIBIT S Compensation and Method of Payment P—N I C las kazEkheduje Lornprehiensive Prartnirq 5"emve- Smsminabiffir�- .pTvje=faire zord tisrtspr SIBB-S22: Praie=DiretlartAdvigu- SIM-SZE, F-zinciva)Nanne; S15b-5I8i !-rjn=ri3'Chnizze Clang-Anign-r. Sill-----> E, Pru:rscz Iftnalp- S i3U-sis(f Pro-,.-gm htza-aaS7 SS3fL-Slu., #-sst.-mr.t Prom-Marm-Ee, S-'3r: Senior Planner. 5M)D-S151, Conservation F-hasourn-n Nanninf ,;and Use Nannoer Sl*-),E--S-1131; "tecrz Director Advisor Sisc-sz= Asisudale Pkauner S9=--312{a Senia.-Conservaton NanvL-T S110-312S ,4ssh-tantPlanner SE.-55= Cons-ewzbrin Ramer S R-5-Si M P:arming T erhnidan Sha-57B flintingv Euminmmentat 5enfkm Pm.iLctDireaw/Advisur 5190-P-25 Prcjje=D!re=,jAb,,qScr Riga-1;7" S-Enb-BiDbgjS-, 5 12&-S:SO CEQA Pmj--Lc-,Mana-1-r 53275-517S Asscdate Biaiagist 59th-SM2D SqLnbr Envimnmutal Kanner Siza-Sisr, Associate Envircarnermal NRnri--r 595-512B GIs GS Manae-er SILK--S1c5 Drbm Deogn&.k--v=' fFz3dQf1 GIS AnakV.rt S_qS-51,B Project.13iTSL-10fjA6-&iWr SIRD-S-725 Smior Uraan Designer 3166.-S1911 huustw&L Urban DEsign--,- 51311 PruJE=WanaE!er5SK. Seniu7 HaLtMingRanner Spy 51115 Transioar=fien SeMces Associam Housin.-Kanner $gf#-SSD Praject Drermr/Advisnr SI8G-S22S Grant:TecFmidan 575-S&D T 5150-31.90 P ram-W.-tatian Planner Management Serwinm Publiz-Outrearh PdrLdpaZ Projwct Diret ;-.Mdvisw SM-S"r Assud-we Principal 5x95-RM Sen'=Pub0c tniuvraz=n offiv r S12D-SiSD 5mlix Assa-dote S1W-52?5 PUbi�InIM.kicin Officer S9,9-S12D Publi:Ergage-ment Cnordmatur S9D-S12D Wmicipal Fmnce Prujpct Director/Advisor $2W-S Cmafm--soerbius Mumcipal Finantm Manaper. 515 Graphics Produftiort Manager, yi s--5145 Murficipal Pinamme Cbardirv=r S=-5145 GralAWWeb Designer 58D-Slis Municival Finance Analyst Sas-SiZ Grantlkwtm; ME-Eh47FavilEtation Pfincinal.Grant Wrtra,- SUB-S125 Facgftarion 5--wices 5 S'-!M-1 Assi=rrt GmntSP-edaks, 570--RgEt Adrniritsvative&ervirces. SMARASeMcm 7ecnnical,Ecrtar SES-S123 Geeobgiist 5-3su-SiEs Adrrfinstra6uE Suppur, 5E5-SSE lienloririspe=r 312a-S is D Assodaxe-irsvecmr SIDD•.SIM) keiraburzabi-e expenses andsubmrtsuktana are biline at cmt pi=-1VX administratim M;3TV-u-- katal are suh,jar-,to a 3K increase each year, rev 5/1/06 EXHIBIT C Items Provided by City Certain services are required to be performed at City Hall for the City of Atascadero. The City shall provide the following to consultant when performing those sen►ices: Access to a Cit)/ computer t Access to 2 workspace Any other equipment or supplies as may be reasonably expected to be needed by an on-site City planner while working at City offices. rev 5/1/06 B-4 EXHIBIT D insurance Reauireme€ is I]�TSURA_NCE REQUIREMENTS: CONISULTAYTT SEF «CES The Consultant shall procure and maintain for the duration of the contiact insurance against claims for injuries W BersOnS or damages to pr0D3M, which mai; arise from or it connection ivitc, the perforrnanct ().the worm_ nereunder by the C onsu]=L.. 1t. agcriis. representative:;. emujovee;:. o- suncorsulmn!L Minimum Scope o`insurance. Coverage shall bM% a4 least as braad as: 1. Insurance Services Office Cornrnercial General Liability coverage (occurrence form CG 0001). ?. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability. code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liabili 5;1.000,000 per occurrence for bodily injury, personal injury and propemz damage. If Commercial General Liability or other form with a general aggregate limit is used.. either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000.000 per accident for bodily injure and property damage. ;. Employer's Liability: 51,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: 51,000,000 per claim. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and desi-anated -,Tolunteers; or the Consultant shall procure a bond guaranteeimgpayment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain. or be endorsed to contain,the following provisions: 1. The Cit,, its officers, officials, employees, and desinated volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant;premises owned, occupied or used by the Consultant, or automobiles owned.. leased,hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Ciry7 its officers,. official. employees, or designated volunteers. Tell 511/06 �_5 ?. For any claims related to this project. the Consultant's insurance coverage shall be primary insurance as respects the Cin7, its officers, officials, employees, and designated volunteers. Any insurance or self-insurance maintained by the Circ?. its officers. officials, employees. or designated voluntee.s shall be excess of the Consultant', insurance and shall not contribute v,ritr; r . ;. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. z Each ir_suranc4 Dohcv recuired bz, this clause shall be endorsed to state that. coverage shall_ not be canceieo except after trdm, (30) days' prior written notice by U-S. mail. has been given to the Cin; 4 Acceptability-, of insurers. insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vll. Additional Insured The City of Atascadero will need to be added to the policy as Additional Insured by endorsement, adding the Citv's name to the Certificate of Insurance is not sufficient and will not be accepted. Verification of Coverage. Consultant shall furnish the Cin, with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. rev 5/1/06 B-6 - l� SCOPE AND STANDARDS: ........................................................................................... l A- CONTRACT........................................................................................................... ] S-7!L�7JS OF PEP [}]NW:�-r. ................................................. � EMPLO',�'E-E-'�- OF CONT S IJ�~TkN,'ir -.--' } B. INDEPENDENT I}A7EST\GA7J(}N................................................................... C. COMPLlANCE- 'WITH EMPI-0\/MENTLAWS................................................. � I)ISCFI]v{D�,/'-,777{}}\1 PR[)HTBITI:7� .............................................. . TTbf�:- OF ___.___...__.._._..__...____..__.____.._,__. - � COWIPHNTS.k T 10 X:.............................................................................................. ............ � A. TERMS -.--------'------''------'---'--'-------------. 2 B- NO PAY FOR ADDITIONAL SERVICES T\ ITHOIJT lA/RTTTNG--_----..� �. SUPERVISOXI, LAB{)Tl AGREEIVIENTS AND .................................... 3 A. C(]YqST]T.TANT SUPERVISES PERSONNEL.................................................... ] B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS........ � C. APPROVAL OF STAFF MEMBERS................................................ .................. � � 6. TERMINATION................................................................................................................ A. 30 DAYS 1-4K]TlCE................................................................................................ 3 B. OBLIGATIONS S\lRJIVETERMINATION --_.____________________ � 4 7. CHANGES:........................................................................................................................ S. PROPERTY (]FCITY._---_.-------_-.---_--_.-_-_-__-----_---.- 4 A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY...................... 4 B. CONSULTANT TO DELIVER CITY PROPERTY.............................................4 � 9. CONFLICTS (}FINTEREST:................................................................... ....................... 4 � . 4 A. CONSULTANT..................................................................................................... � ]0. lA�. UNFLUi�2��11L/�!: _---..-'_-..-----_--__-______---____ A. ALL INFORMiATION KEPT IN CONFIDENCE................................................ 5 B. REIlvMURSElAENT FOR UNAUTHORIZED RELEASE ................................. 5 C. COOPERATION--------'---------------'---------'—'-------- 5 lI. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:...........................................5 A. CONSULTANT PROPERTY .-_----'--'-_'---_-----_-'-_-_'-_-'--- � B. SPECIAL SUPPLIES ............................................................................................ 5 12. COIvTLIANCE WITH LAW:...........................................................................................5 rm,5/1/06 5-7 � a ' A. COMPLIANCE REQUIRED B. PREVAILING WAGES ........................................................................................ 6 SUB CkON,TP 4CTINC.. q ASSIGN ABILITY ............. o 15. LIABILITY OF CONSULTANT:..................................................................................... 6 16. INTDEl\DNIFICATION: .................•-•------------.....----•----------------•------...........................__....---- 6 A. P\DE]vfl\T FICATION FOR PROFESSIONAL LlABILITI'................................ 6 B. INDEMNIFICTION FOR OTHER TI-LAN PROFESSIONAL LLABILITY ........ GENERAL INDEMNIFICATION, PROVISIONS. .............................................. 17. Il\ISURANCE-.................................................................................................................... 7 18. RECORDS:........................................................................................................................ 7 19, JVRSCELLANEOUS PROVISIONS: ........................•--•--.................-----------........-•----------_. 8 A. NONDISCRIMINATION/NONPREFEREI\TTIAL TREATI\/jfENT STATEMENT ................................................................................................................................ 8 B. UNAUTHORIZED ALIENS.......................................•-----------.----......................... 8 C. GOVERNING LAW.....................................................................................•--•---_. 8 D. ASSIGNMENT OR SUBSTITUTION.................................................................. 8 E. ENTIRE CONTRACT................•--........................................----------.._.._................ 8 F AMENDMENTS --------------------------------- _._... 9 G. CONSTRUCTION AND MITERPRETATION.................................................... 9 H. WAINrER.....................................•---.........----.-.._..---...._......._._............-----................ 9 I. SEVERABILITY................................................................................................... 9 J. NOTICES............................•------..................._...._................--•-----..............-------._._.. 9 K. AUTHORITY TO EMCUTE.................................................................................... 10 reg'5/1/06 B-8