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HomeMy WebLinkAboutStaff Report 3.A 07/20/2009CITY OF PETALUMA, CALIFORNIA 3•A AGENDA BILL July 20, 2009 Agenda Title. Resolution Approving, and Authorizing the City Manager to Meeting Date: July 20, 2009 Execute, a Professional Services Agreement with Metropolitan Planning Group, Inc. to Provide Current Planning Services. Meeting Time: 7:00 PM Categorv: ❑ Presentation ❑ Appointments ❑ Consent ❑ Public Hearing ❑ Unfinished Business ® New Business Department: Director: Contact Person Phone Number: City Manager City Manager John C. Bro�ri 707 778-4345 Total Cost of Proposal or Proiect: Proposal to be funded Name of Fund: on full cost recovery basis Amount Budgeted: $40,000 Account Number: Current Fund Balance: Recommendation: It is recommended that the City Council take the following action: Adopt the attached resolution approving, and authorizing the City Manager to execute, a Professional Services Agreement with Metropolitan Planning Group, Inc. for current planning services. 1. ❑ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading 2. ❑ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second reading; see Attachment I ❑ Other action requiring special notice: Notice has been given, see Attachment Summary Statement: Actions taken during FY 2008-09 due to budgetary constraints reduced permanent staffing in the Community Development Department by 17 positions. Staff has looked at options for providing Planning services, including and contracting with a private firm for current planning. A request for proposals (RFP) for current planning services was released in May 2009 to firms who were thought to be interested in or qualified to provide current planning services on a full cost recovery basis. Twelve firms provided responses to the RFP and three were interviewed by a staff review committee. Of those firms, Metropolitan Planning Group, Inc. (M -Group) was ranked the highest, based on their understanding of the City's needs, cost recovery strategy, experience providing planning services throughout the Bay Area, and depth of staff available to support increases in Petaluma's current worldoad. A Professional Services Agreement was negotiated with M -Group. The Scope of Work to be performed under the contract includes the full range of services required of an in-house planning department, including on-site management and coordination with management level staff. M -group will maintain offices in City Hall, and expand the hours of access to the public to 32 hours of counter coverage per week. M -group will hire existing City staff, to provide continuity and institutional memory, and bring its own additional staff support to address increases in workload. City projects will be distributed among all M -group planners, and will not be limited to those who are currently City employees. M -Group will also contribute to advanced planning projects, in an advisory capacity. M -Group will male strong effort to achieve full cost recovery, although that success depends on development activity. The proposed agreement is for one year, with extensions possible, starting on July 21, 2009. Attachments to Agenda Packet Item: 1. Request for Proposals for Planning Services, dated May, 2009. 2. Resolution 3. Professional Services Agreement Reviewed by Finance Director: Reviewed by City Attornev: Approved by City Manager: Date: Date: Date: —f Rev. # Date Last Revised: File: CITY OF PETALUMA, CALIFORNIA JULY 20, 2009 AGENDA REPORT FOR Resolution Approving, and Authorizing the City Manager to Execute, a Professional Services Agreement with Metropolitan Planning Group, Inc. to Provide Current Planning Services 1. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution approving, and authorizing the City Manager to execute, a Professional Services Agreement with Metropolitan Planning Group. Inc. for current planning services. 2. BACKGROUND: Actions taken during FY 2008-09 due to budgetary constraints reduced permanent staffing in the Community Development Department by 17 positions. Since October, 2008 department functions not directly tied to a source of permit or cost recovery revenue were curtailed to snatch anticipated revenue. This resulted in reduced public counter hours and direct phone access, limited access to staff by appointment only, curtailment of work on the Development Code update, "Green" programs, and Public Art program coordination, and shifting programs such as flood plain administration to other departments. Since the end of May, a Senior Planner, reporting to the City Manager, has managed current planning, coordinated the activities of one part time and two contract planners, has processed development applications, and has interfaced with the Building division and other departments. Building is currently operating as a stand- alone division, reporting to the City Manager. Advanced planning is being handled by a second Senior Planner, who also reports to the City Manager. Staff has looked at options for providing Plarining services since April. Two options were considered: attempting to conduct a full cost recovery operation utilizing existing part-time staff, augmented by contract planners; and contracting for current planning in its entirety. A request for proposals (RFP) for current planning services was released in May 2009 to frons who were thought to be interested in or qualified to provide current planning services on a full cost recovery basis (Attachment 1). The RFP was also posted on the City's website. The past two months have provided an opportunity to observe how in-house management of a potentially full cost recovery program is working. The approach has been challenging for staff responsible for both managing and performing current planning activities. The pace of project activity has increased, without a corresponding increase in staffing. Competition between time required to service the counter and time needed to process applications has made allocating sufficient time to the latter function more difficult. Further, one of the two contract planners to whom work was directed is phasing out services to Petaluma, leaving fewer options for distributing workload. It appears that a fully contracted model is preferable to the current situation, as a contractor should have the flexibility to quickly allocate resources equal to the increase in activity. 3. DISCUSSION: Twelve firms provided responses to the RFP by the June 17, 2009 deadline. Of those, the three whose proposals appeared to have the best understanding of the request and to be the most responsive to the City's needs were invited to interview. These included: CH2M Hill Metropolitan Planning Group, Inc. (M -Group); and Willdan and Associates Of these groups, the evaluation committee, consisting of the Assistant City Manager, the Senior PIanner assigned to advanced plarming, and myself ranked the M -Group highest, based on their cost recovery strategy, experience providing planning services throughout the Bay area, and depth of staff available to support increases in Petaluma's current workload. M -Group also appears to provide the strongest on-site management. Their proposal also appears to provide the opportunity for more extensive cost recovery than other proposers, and their responses to interview questions related to customer service orientation appeared to be most closely in concert with the Council's and my expectations for the Planning division. The committee's conclusions were supported by reference checks conducted with a number of the group's other clients. Those clients cited high quality work, professionalism, responsiveness, and strong customer service skills in their assessments of the group's performance. A number of M -Group's engagements began on a single or limited -number -of -projects basis and have grown to encompass greater involvement in planning activities in those communities. Based on the foregoing, a Professional Services Agreement was negotiated with M -Group. The Scope of Work to be performed under the contract includes the full range of services required of an in-house planning department. Principals will provide on-site management several days per week, and coordinate with this office and the City's senior management team regularly and as needed. M -group will conduct operations from City Hall, to expand the hours of access to the public. The agreement increases office hours to four days per week, and provides 32 hours of counter coverage per week, a significant improvement over the present. M -group will also hire existing staff who have, since earlier this year, been employed as part-time employees of the City. City staff will be compensated at levels acceptable to them, with salaries and benefits that are competitive in the market. M -Group employs four more plamrers who can be drawn upon for additional support, depending on worldoad. Existing employees will provide continuity and institutional memory, which increases the firm's effectiveness and efficiency. M -Group has also been asked to contribute to advanced planning projects that affect application processing, in at least an evaluatory capacity. At the outset, M -group will continue to manage work performed by existing outside contractors. All such projects, however, will either be completed or be consolidated for performance by M -Group. There are no guarantees that M -Group will be able to achieve full cost recovery. With sufficient development activity, however, their approach can significantly limit General Fund exposure to the costs of current planning. The group is highly motivated to make this engagement work to the City's benefit. In accepting this engagement, M -Group fully understands the need to establish credibility with the community and the City Council, and to improve perceptions regarding customer service. In addition, they will expeditiously process active applications to the appropriate decision points, and eliminate the backlog of inactive projects. M -Group is prepared to commence work on July 21, 2009, and will do so upon execution of the agreement. The agreement provides for a one year (July 31, 2010) term, but can be amended for a total of three additional one-year terms if so desired. 4. FINANCIAL IMPACT: M -Group indicates that it can, with sufficient volume, provide current planning services on a full -cost recovery basis. It estimates the threshold necessary to do so is approximately $300,000 in planning revenues per year. The General Fund's exposure is the difference between that amount, and what is actually taken in. $40,000 was budgeted in the General Fund to cover such costs in 2009-10. It should be noted that, according to department cost accounting, approximately $152,000 was collected in 2008-09. In addition, the cost recovery account currently holds a balance of approximately $590,000, which can be drawn upon as the projects for which those monies were collected move forward. It should also be noted that, as mentioned earlier in this report, development activity appears to be increasing: six new applications were submitted during the past month. Finally, it should be noted that M -Group will work with City staff during the coming months to evaluate CDD's fee structures, and to recommend any changes that are appropriate to more effective cost recovery. IA Pamela Torlialt Ako,or Teresa Barrett David Glass Mike Harris Alike Healy David Rabbitl Tiffany Ren& Conncilmembers City Hatutb er's Office 17 L•'nglish Street Pelahana, CA 94952 Phone (707) 778-4345 Fax (707) 778-4419 E-A fail city nlgr,Yt ci. pemlurna.cu. its Human Rea'ourccs Phone (707) 778-4534 Fac (707) 77.4-4539 L -fl fail humanresources,@ ci. pelalrarra, Cams Information Technologv Phalle (707) 778-4.117 Fur (71)7) 776-3633 f-AFcTlI fl+f I Ci.petal Urlla. Ca. ffS Risk Alanagentent 11 English Street Petal€ona, C.1 94952 Phone (707) 776-3695 Fax (70 7) 776-3697 !;-Alad riskrngt(cd?,cl.petallona. ca.11s POST OFFICE Boli 61 PETALUMA, CA 94953-0061 May 18, 2009 AttacInnent 1 RE: Request for Proposal (RFP) — Current Planning Services Consultant Introduction: The City of Petaluma recently made the very difficult decision to lay-off all professional and administrative support staff associated with the City's current planning functions, effective April 310, 2009. The City's Community Development Department positioned itself to be largely self-supporting in 2008-09; revenues needed to support that model did not keep pace with expenses, due to a pronounced decrease in development activity. Current planning activities are now being conducted by former employees and contract planners, on an hourly and a full cost recovery basis. Their activities are coordinated by the Community Development Director, who is expected to retire at the end of May, 2009. Coordination may continue to be provided after May 2009 on a part-time basis by a Senior Planner. Contract Planning Services: The City is seeking a qualified planning consultant to provide the entire range of current planning services on an as -needed basis, at an hourly rate and located within the City's Offices — in essence, to perform as the City's current planning division. The City seeks a firm that will, to the greatest extent possible, duplicate all the services that could be expected to be provided by an in-house staff, on as much of a full cost recovery basis as can be legally justified. The consultant must possess broad knowledge of and experience related to: • Processing and reviewing all development applications and permits; • All applicable Federal and State rules, regulations, and pertinent state law; • Best practices in the field of local government land use planning and permit processing; • Planning, organizing, and coordinating planning activities including, but not limited to, preparing and presenting staff reports; communicating effectively both orally and in writing; establishing and maintaining cooperative working relationships with applicants, City staff, contract staff and consultants, City residents, Commissioners, the City Manager's Office and City Council members. • Implementing General and Specific plans. e • Coordinating staff work for presentations and /or hearings before the Planning Commission, City Council, neighborhood groups and citizen conunittees. • Presenting projects to the Planning Commission and other governmental bodies. • Coordinating with planning staff and other departments. • Strong customer service skills regarding planning inquiries from the general private and public sector. • Proactive, highly responsive and highly motivated and have excellent technical and interpersonal shills. About Petaluma: The City of Petaluma was incorporated as a Charter City in 1858 and has a Council/Manager form of government. The City Council consists of a Mayor and six Council members, all of whom are elected at -large. The City has a population of nearly 60,000 and encompasses almost 14 square miles. Petaluma was a successful test case for establishing residential growth limits, and was one of the first cities in California to adopt an urban growth boundary. Residents have a strong sense of community and value full engagement in the development process. After seven years in development, the City adopted a new General Plan in 2008, and is currently operating louder an Interim Zoning Ordinance. Further Zoning Ordinance amendments are anticipated in 2009-10, beginning with the consolidation of the Site Plan and Architectural Review Committee (SPARC) and the Plamming Commission. The City Council is highly focused on land use and development issues, and seeks greater involvement in the land -use entitlement process. Scope of Work: Consultant services are sought to provide the full range of current planning services traditionally provided by an in-house staff, from initial contact through the granting of entitlements, and all associated follow-ups including appeals. This includes but is not limited to providing counter assistance; processing all applications for development approvals and permits, and conducting all related assessments, reviews and analyses; conferring with applicants and other interested parties; coordinating application review with lead and responsible agencies, City staff in other departments, and independent consultants; developing and presenting staff reports to the Planning Commission or other advisory bodies, and to the City Council. The selected consultant will be expected to maintain at least the same office hours as are currently maintained. Proposals that increase office hours to the full four days per week currently conducted by other City Hall offices are preferred. The consultant will also be expected to work closely with the City's Building division for Zoning Ordinance conformance. Supervisory and Administrative services associated with development review are also required. These include but are not limited to: assignment, supervision, tracking, and reporting on workload; agenda development, distribution, and all required public noticing; recording and maintaining meeting minutes; formal and informal follow up from commission, committee and City Council meetings; maintaining project files; contract management for consultants V (Environmental review, Fiscal and Economic Impact Assessments, etc ) and independent contract planning staff; cost recovery accounting, billing, collection, and reporting, and coordination with City staff responsible for contract administratiorn. All of these services are sought on a full cost -recovery basis, without support froirn the City's General Fund. It is anticipated that consultants will be managed by a Senior Planner, who will also provide Planning interface, assist with General and Specific Plan and Zoning Ordinance interpretations, and provide non -cost recovery planning services to the public. Initially, the City desires a one year commitment, but may consider contract extensions. Existing Pari -time Staff and Contract Planners: Applications are currently being processed by two part-time planning staff, an Assistant and an Associate Planner, and by two independent contract planners. Cost recovery accounting is performed by a Permit Technician, who also provides coLuiter support and back-up to a Permit Processing Technician in the Building Division. The Assistant Planner currently coordinates with the Building Division and maintains limited counter hours. Contract planners have responsibility for a limited number of commercial and residential development proposals that are at various stages of the entitlement process. Project applicants are concerned with maintaining continuity on their projects, the City would like to see the current relationships maintained through the completion of these projects, if possible, and opportunities created for the City's part-time staff to continue to work on City projects for as long as that is mutually agreeable between the consultant of choice and these employees. Submission Packet: Firms interested in submitting a proposal are requested to provide the following: 1. Cover letter of interest, indicating the consultant's understanding of the services the City is requesting. 2. Firm Qualifications, including the size, depth, and age of the organization, services provided, and experience providing the same services or services that are substantially the same as those requested by the City to other local government organizations. 3. A detailed description of the services that are proposed to be provided, and a discussion of how those services will meet the City's needs. 4. A description of the minimum amount of City support required by the Consultant to be successful in this engagement, including management, policy direction, planning interface, non -cost -recovery services, GIS, etc. This section should also discuss any concerns the Consultant may have regarding coordination of services with the City or the services sought pursuant to this RFP. 5. A detailed cost proposal, reduced to hourly charges that can be used as the basis for setting fee recovery_ 6. Qualifications of staff member(s) who will be dedicated to completing planning services. 7. Evidence of appropriate professional liability insurance coverage, errors and omissions insurance, and Workers' Compensation insurance coverage. Describe your present coverage and amounts of coverage. 8. List and provide contact information for all public and private clients for whom you currently provide services. 9. List and provide current contract information for all public and private clients for whom your firm, principals, or planning staff provided services within the last five (5) years. 10. Discussion of any concerns with the City's standard Professional Services Agreement (copy attached). 11. Any additional information deemed as appropriate. Submission Deadline: Please submit three (3) copies of the submittal package and one (1) electronic copy in a sealed envelope titled "City of Petaluma — Planning Consultant" and addressed to: John C. Brown City Manager City of Petaluma P.O. Box 61 Petaluma, CA 94953 Proposals may be submitted in person or received by U.S. Mail, and must be received at the Office of the City Manager, 11 English Street, Petaluma, CA 94952 by 5:00 PM on June 8, 2009. Proposals received after the due date will not be accepted. The City of Petaluma is not liable for any costs or expenses incurred in the preparation of a response to this RFP, and may withdraw or modify this request at any time without jeopardy or prejudice. A consultant may withdraw, request their proposal be cancelled and recycled, or withdraw and resubmit their proposal at any time prior to the due date. The City reserves the right to reject all proposals; to request additional information concerning any qualifications for clarification; accept or negotiate any modification to any qualifications following the deadline for receipt of all qualifications; and to waive any irregularities, if such would serve the best interest of the City, as determined by the City Manager. Evaluation and Selection Process: Proposals will be screened for responsiveness to this RFP and will be evaluated by the City Manager and other City staff as deemed appropriate. During the evaluation process, the City reserves the right to request additional information or clarification from proposing consultants or to allow corrections of minor errors and/or omissions. References and qualifications of the consultant shall be verified by the City. The Consultant submitting the proposal that appears most responsive and closely suited to the City's needs may be invited to enter into contract negotiations with the City Manager. A decision in that regard is anticipated by June 19, 2009 with contract award, based on successful negotiation, shortly thereafter. The City reserves the right to contract for all, a portion, or none of the requested services. Inquiries: For further information or inquiries about this RFP, please contact John C. Brown, City Manager, at 707-778-1345 or citymRr(c�ci.t)etaluma.ca.us Sincerely, John C. Brown City Manager C .Vttachlnent 2 RESOLUTION APPROVING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH METROPOLITAN PLANNING GROUP, INC. TO PROVIDE CURRENT PLANNING SERVICES WHEREAS, in September 2008 and April 2009, due to budget constraints, the City Council approved actions eliminating a total of 17 positions in the Community Development Department; and WHEREAS, alternatives for providing current planning services following those staffing reductions have been examined, including contracting those activities in their entirely to a private firm; and WHEREAS, on May 2009 staff distributed a Request for Proposals for Planning Services to potentially interested firms and posted the RPP on the City's website; and WHEREAS, twelve responses were received by the stated deadline; and WHEREAS, after- evaluating the proposals, interviewing three of the firms, and conducting reference checks on the firm of choice, staff believes the Metropolitan Planning Group, Inc.'s proposal best meets the City's needs for services on a cost -recovery basis. NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby approves and authorizes the City Manager to execute on behalf of the City of Petaluma a Professional Services Agreement with Metropolitan Planning Group, Inc, effective July 21, 2009. 0 Attachment 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PETALUMA AND METROPOLITAN PLANNING GROUP, INC., FOR PLANNING SERVICES. FY Fund # Exp. Acct. # Project # Amount $ For multi-year contracts or contracts with multiple accounts: FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount $ FY Fund # Exp. Acct. # Pro.ject # Amount $ FY Fund # Exp. Acct, # Project # Amount $ FY Fund # Exp. Acct. # Project # Amount $ THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective as of July 21, 2009 ("Effective Date"), by and between the City of Petaluma, a municipal corporation and a charter city ("City"), and Metropolitan Planning Group, Inc., a planning consultant, ("Consultant") (collectively, the "Parties"). WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing professional services to City under the terms and conditions set forth herein. THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. Services. Consultant shall provide the services as described in and in accordance with the schedule and terms set forth in Exhibit "A" attached hereto and incorporated herein ("Scope of Work"). To the extent possible, Consultant is encouraged to employ existing City Planning Staff who are agreeable to Consultant's employment terms. Consultant may retain such employees at Consultant's discretion, subject to their meeting the employment expectations of Consultant. 2. Compensation, Business Tai Certificate. A. For the full performance of the Services as described herein, City shall compensate Consultant for time billed, in accordance with the terms set forth in Exhibit "B" attached hereto and incorporated herein ("M -Group Rate Schedule"). Consultant shall, to the greatest extent possible provide the services specified in Exhibit A on a full cost recovery basis_ B. Consultant shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable. C. Consultant shall be compensated for services in addition to those described in Exhibit A only if Consultant and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. PROFESSIONAL SERVICFS AGREEMENT— MGRaUP Planning Services ti D. Notwithstanding any provision herein, Consultant shall not be paid any compensation until such time as Consultant has on file with the City Finance Department current information requested on the "Vendor Information" form available from City, and has obtained a currently valid Petaluma business tat certificate. E. City's obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's performance of the Services pursuant to the terms and conditions of this Agreement and any amendments thereto. 3. Term. The term of this Agreement commences on the Effective Date and terminates on July 31, 2010, unless sooner terminated in accordance with Section 4. The Agreement may be renewed for up to three (3) consecutive one-year periods. Any such extension period must be agreed on in writing through an amendment to this Agreement. At least 45 days prior to expiration date, Consultant shall provide written notice to City of Consultant's desire to renew for one additional one-year term. It shall be within the City's sole discretion wether the existing term shall be renewed. Upon termination, any and all of City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. 4. Termination. City may terminate this Agreement without cause upon thirty (30) days' written notice. Consultant may terminate this Agreement upon sixty (60) days written notice. City may immediately terminate or suspend this Agreement for cause. Cause for iinnlediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Consultant, or Consultant's bankruptcy or insolvency. Upon receipt of notice of termination or suspension for cause, Consultant shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement, Consultant shall be entitled to payment for all Services performed to the date of termination to the extent such Services were perforned to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Consultant shall be liable to City for any excess cost City incurs for completion of the Services. 5. Consultant's Representation; Independent Consultant. Consultant represents that Consultant possesses distinct professional skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Consultant shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Consultant and its agents and employees, shall act in an independent capacity and as an independent Consultant and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment. 6. Facilities and Equipment. Consultant may at its discretion utilize City facilities, equipment, and furnishings, as they exist as of the effective date of this agreement, as 2 a PROFESSIONAL SERVICES AGREEMENT —MGROUP Planning Services may be required to provide Services pursuant to this Agreement. If Consultant elects to utilize other facilities, equipment and furnishings to provide Services pursuant to this agreement, Consultant shall do so at its sole cost and expense. City shall furnish to Consultant no facilities or equipment other than as set forth in this Agreement, I_uiless the City otherwise agrees in writing to provide the same. 7. Licenses, Permits, Etc. Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this agreement any licenses, permits or other such approvals which are legally required for performing the Services. 8. Time. Consultant shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Consultant of any of its obligations pursuant to this Agreement. 10. Proaress Reports. Upon the City's request, Consultant shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Consultant's performance of the Services. 11, Confidentialitv. In the course of Consultant's employment, Consultant may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Consultant shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services. 12. Conflict of Interest. Consultant represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any maturer or degree with the performance of the Services hereunder. Consultant further covenants that, in the performance of this Agreement, it shall not employ any sub -Consultant or person having such a conflict of interest. Consultant represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Consultant will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement. 13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. PROFESSIONAL SERVICES AGREEMENT —MGROUP Planning Services ` lel. Standard of Performance. Consultant shall perforin all the Services in a manner consistent with the standards of Consultant's profession and any applicable regulatory or statutory provisions. All instruments of service of whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of Consultant's profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same. 15. Assianment/Transfer. No assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City. 16. Sub -Contractors. Consultant shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of City. Any such sub -Contractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and maintaining insurance coverage as required herein and which shall name City as an additional insured. 17. Livine Wages. This Agreement is subject to the requirements of City's Living Wage Ordinance (Ordinance No. 2256 and codified in Petaluma Municipal Code as Chapter 2.70 of Title 2) The Services as described in Exhibit A will be perfomled in accordance with all requirements of City of Petaluma Ordinance 2256, including but not limited to, all applicable requirements contained in Exhibit C (Living Wages), which is attached to and made a part of this Agreement. Consultant shall promptly provide to the City documents and information verifying Consultant's compliance with the requirements of this Ordinance and provision, and sanctions for non-compliance. Consultant shall also notify each of its affected employees as to the amount of wages and time off that are required to be provided pursuant to said Ordinance and this provision. 18. Compliance With All Laws. Consultant shall filly comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to the performance of the Services required hereunder. To the extent that any other government agency or entity provides compensation for any Services, Consultant shall comply with all rules and regulations applicable to such fiscal assistance. 19. Discrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law. 20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: PROFESSIONAL SL'RV1Cir5 AGIt1=EMENT—MGROUP Planning Services ,� (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight cornier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m- recipient's time or on a nonbusiness day. City: City Clerk City of Petaluma Post Office Box 61 Petaluma, California 94953 Telephone: (707) 778-4360 Facsimile: (707) 778-4554 And: City Manager City of Petaluma Post Office Box 61 Petaluma, CA 94953 Telephone: (707) 778-4345 Facsimile: (707) 778-4419 Consultant: Metropolitan Plaiming Group, Inc. 775 Baywood Drive, Suite 324 Petaluma, CA 94954 Telephone: 650-938-1111 21. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of City and may not be used by Consultant without the written consent of City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative. 22. Indemnification. Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including, without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the Services or its failure to comply with any of its obligations contained in this Agreement. In addition, and notwithstanding the foregoing, to the extent that this 5 PROFESSIONAL SERVICES AGREEMENT— MGROUP Planning services Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code section 2782. In the event that Consultant or any employee, agent, or sub -Consultant of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or sub -Consultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City. 23. Insurance. Consultant shall comply with "Insurance Requirements" in Exhibit B-2, attached hereto and incorporated herein by reference. 24. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 25. 1Litization. If litigation ensues which pertains to the subject matter of Consultant's services hereunder, Consultant, upon request from City, agrees to testify therein. To the extent that Consultant's testimony does not relate to Consultant's status as a percipient witness in any matters complained of City shall pay Consultant a reasonable and customary fee. 26. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree that, notwithstanding Civil Code section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Petaluma. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California. 28. Non -Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in Rill force and effect. 29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30. No Third Partv Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create any benefit or right in any third party. 6 PROFESSIONAL SERVICES AGREEMENT — MGROUP Planninv Services 31. Mediation. The Parties agree to mare a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing Iitigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 32. Consultant's Books and Records. A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to costs, expenditures, disbursements and/or revenues relating to provision of the Services or Consultant's performance under this Agreement for a minimum period of three (7) years or for any longer period required by law, from the date of final compensation to Consultant pursuant to this Agreement. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, frons the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Petaluma City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in Petaluma City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor in interest. 33. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or constriction of any provisions herein. 34. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 35. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard. 7 PROFESSIONAL SERVICES AGREEMENT -- MGROUP Planning Services /� IN WITNESS WHEREOF, the parties bereto have executed this document the day, month and year first above written. CITY OF PETALUMA CONSULTANT By City Manager Name ATTEST: Title City Clerk Street Address City Attorney APPROVED: Department Director APPROVED: Risk Manager APPROVED: Finance Director City State Zip Taxpayer I.D. Number Petaluma Business Tax Certificate Number S PROrESSIONAL SERVICES AGREEMENT — NIGROUP Planning Services EXHIBIT A SCOPE OF WORK Our work approach is to provide comprehensive planning services to the City of Petaluma that include: 1. Base Level Planning Services 2. Cost Recovery Services Our approach is to provide Base Level Planning Services at cost or at "break even" level of billing rates. For Cost Recovery services, normal M -Group billing rates would apply. GOALS In managing the entitlement process, our staff is committed to coordinating with City staff and other city departments, preparing the necessary documents and reports and making presentations to city staff, the public, the Planning Commission and the City Council. FOR THE CITY OF PETALUMA PLANNING FUNCTION, M -GROUP WILL: o Maintain institutional memory and continuity of planning services to the community and applicants. O Deliver outstanding customer service. O Implement City Manager and City Council direction. C) Provide a cost effective solution for city planning services. 0 Continue to maintain long-established relationships with the development community. M -GROUP'S PLAN FOR ACCOMPLISHING THE ABOVE TASKS: 0 Utilize experienced M -Group staff in combination with existing Petaluma city planning staff and sub -consultants where feasible. 0 Provide Base Level Services of one planner to staff the counter and provide additional city planners to perform Cost Recovery services on an as -needed basis. * Provide part -tine Administrative staff person. o M -Group management to meet with City Manager, or designee, at least once every week to receive overall direction and feedback. Utilize cost recovery and fee based planning revenue as the primary funding mechanism. BASE LEVEL SERVICES M -Group will provide up to 32 hours per week for Base Level services (non -cost recovery work) at the Associate Planner level and 16 hours per week for the Administrative Assistant position. An additional two hours per week of the Principal Planner will be provided as a Base Level service to provide general direction and coordination and for contract administration, for a total of 50 hours, as shown in the table below. PROFESSIONAL SERVICES AGREEMENT—MGROUP Planning Services �" Title Hours/Week Administrative 16 Assistant Associate Planner 32 Principal ? Total Hours/Week 50 To provide the Base Level Services at cost, M -Group is assuming minimum planning revenues of $300,000. This level of revenue will allow for the Base Level service with the capacity to easily ramp up on an as -needed basis to deal with increased work load and permit activity. The City will be billed on a monthly basis for hours worled based on the attached rate sheet. COST RECOVERY SERVICES There are two types of fees for entitlements, a flat rate (Fee Based) or a deposit plus staff time and materials (Cost Recovery). The Cost Recovery system is for entitlements which require a public hearing or are in general more complex to process. These applications require a deposit and a completed Agreement for Payment Fornz. A cost recovery application means that the applicant will be billed for the full cost of processing the application based on staff time and materials over and above the amount of the deposit. For applications requesting multiple entitlements, the deposit shall be the sum of the individual application fees and/or deposits. M -Group will provide planners to do all, or most, of the City's cost recovery planning work reimbursed at our normal hourly rates. In this manner, the City is assured of a minimum acceptable level of planning service with little General Fund exposure. STAFFING SOLUTIONS FOR PETALUMA For the City of Petaluma, we are able to provide both short and long term staff assignments to assist with day-to-day planning functions and meet peak workloads. Duties and tasks for Staffing Solutions includes day to day planning services; counter duty, processing small projects, project planning for large projects, executing special projects, performing research, writing staff reports, making public presentations and preparing resolutions and ordinances. Our Staffing Solutions for the City of Petaluma include the following tasks: i. DEVELOPMENT REVIEW M -Group will perforin as the City's in-house planning staff from initial contact with the applicant through the granting of entitlements including supervisory and administrative services associated with the development review process. M -Group will be responsible for processing all applications for development approvals and permits, and conducting all related assessments, reviews and analyses; conferring with applicants and other interested parties; coordinating application review with 10 PROFESSIONAL SERVICES AGREEMENT —MGROUP Planning Services Yl� lead and responsible agencies, City staff in other departments and other consultants; developing and presenting staff reports to the Planning Comi ission or other advisory bodies and City Council. Our staff will work closely with the Building Division, the Code Enforcement staff and other City departments through the development review process. M -Group staff will help the applicant understand the City's land use regulations, development standards, design guidelines and the development review process while administering the City's General Plan and Zoning Ordinance. M -Group staff will also help facilitate private and public development opportunities including conceptual review, site plan review and permit processing while fostering a neighborhood and business friendly climate responsive to the needs of the Petaluma community. Our staff will provide administrative and supervisory services including, but not limited to assignment, supervision, tracking, and reporting on workload; agenda development, distribution, and all required public noticing; recording and maintaining meeting minutes; formal and informal follow up from commission, committee and City Council meetings; maintaining project files and contract management services. 2. ENVIRONMENTAL PROCESS MANAGEMENT M -Group staff will be responsible for contract management for consultants. Contract management services include, but are not limited to cost recovery accounting, billing, collection, and reporting; and coordination with City staff responsible for contract administration. All of these services will be provided on a cost -recovery basis. 3. PROJECT MANAGEMENT Our goal in project management is to ensure that the applicant has a positive experience in dealing with the planning staff right from the point of contact through the entitlement process and to maintain current relationships through the successfiil completion of ongoing projects. In addition, all projects will be managed in a manner that ensures comprehensive review, timely completion of staff reports and consistency with local and state requirements. 4. COUNTER COVERAGE M -Group staff will provide the City of Petal -Lima with high quality professional services at the public counter. Our experienced staff will provide support at the Permit Center; conduct preliminary development review; answer public inquiries at the counter; attend phone calls related to zoning inquiries, permit status; respond to complaints; provide building permit clearances for zoning compliance 11 PROFESSIONAL SERVICES AGREEMENT — MGROUP Planning Services Ci purposes and mitigation monitoring, review Planning applications for completeness and conformance with the City's Zoning regulations and General Plan policies and interpret Planning Division goals and policies for citizens and project applicants. We will work with the City Manager in developing a Permit Center Questionnaire/Survey to keep track of the level of customer satisfaction that the applicant receives from the Planning Staff and also to constantly improve the level of service provided by staff at the Public Counter. M -Group staff will provide staff assistance to the City's commissions and committees and associated groups, including but not limited to those listed below. Such assistance will include attendance at meetings, power point presentations, preparation of agendas, staff reports and minutes or meeting notes where required and other duties to facilitate conduct of the meetings. 0 City Council 0 Planning Commission 0 Site Plan and Architectural Review Committee (SPARC) 0 Historic and Cultural Preservation Committee U Neighborhood Groups Q Citizen Committees In addition, M -Group will provide the following services for the City, consistent with the RFP: 0 Provide counter assistance 0 Process all applications for development approvals and permits, and conduct all related assessments, reviews and analyses U Confer with applicants and other interested parties 0 Coordinate application review with lead and responsible agencies, City staff in other departments, and independent consultants 0 Develop and present staff reports to the Planning Commission or other advisory bodies, and to the City Council O Work closely with the City's Building division for Zoning Ordinance conformance o Provide Supervisory and Administrative services associated with development review, including but not limited to: assignment, supervision, tracking and reporting on workload; agenda development, distribution, and all required public noticing; recording and maintaining meeting minutes; formal and informal follow up from commission, committee and City Council meetings; maintaining project files; contract management for consultants and independent contract planning staff; cost recovery accounting, billing, collection, and reporting; and coordination with City staff responsible for contract administration 12 P120I'ir551gNAL SERVICES AGREEMENT — MGEtDUP Planning Services I� EXHIBIT B M -GROUP RATE SCHEDULE FOR BASE LEVEL SERVICES Rk Administrative Assistant $30 Assistant Planner $45 Associate Planner $55 Senior Planner $75 Principal Planner $90 FOR COST RECOVERY SERVICES Administrative Assistant $55 Assistant Planner $75 Associate Planner $95 } Senior Planner $125 Principal Planner $150 13 PROFESSIONAL SERVICES AGREEMENT— MGROUP Planning Services r1 f�� INSURANCE REQUIREMENTS Consultant and any subcontractor shall not commence work under this Agreement until Consultant shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and carrier and the City Manager as to sufficiency, nor shall Consultant allow any contractor or subcontractor to commence work on this contract or subcontract until all similar insurance required of the Consultant and/or subcontractor shall have been so obtained and approved. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Consultant shall procure and maintain for the duration of the contract all necessary 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, the Consultant's agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1 _ Insurance Services Office Commercial General Liability coverage: a. Personal injury; b. Contractual liability. 2. Insurance Services Office form covering Automobile Liability, code I (any auto). a. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability insurance. 5. Such other insurance coverages and limits as may be required by the City prior to execution of this agreement. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate liability 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: Bodily Injury by Accident - $1,000,000 each accident. Bodily Injury by Disease - $1,000,000 policy limit. Bodily Injury by Disease - $1,000,000 each employee. 4. Professional Liability insurance: $1,000,000. 5. Such other insurance coverages and limits as may be required by the City prior to execution of this agreement. Exhibit B2 Page 1 of 2 INSURANCE REQUIREMENTS - GTY March 2003 C. 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 elfinsured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities perfonned 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 Iimitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 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, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. 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. S. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. F. Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by the City. Exhibit B2 Page 2 of 2 INSURANCE REQUIREMENTS - CITY 1�� March 2003 �" )