HomeMy WebLinkAboutAgr 2020-01-23 (Allsep Planning) AGREEMENT FOR PLANNING SERVICES
THIS AGREEMENT,made and entered this��day of January 2020,by and between the TOWN
OF TIBURON, a municipal corporation hereinafter called "Town", and ALLSEP PLANNING,
hereinafter referred to as "Consultant".
RECITALS
A. The Town of Tiburon's Planning Division wishes to retain professional contract planning
services to augment in-house resources for a limited duration in conjunction with the
Senior Plannervacancy.
B. The Town has determined that Consultant is qualified to provide the desired planning
services.
C. The Town wishes to contract for the Consultant to provide the services described in
Exhibit A("Services"), which is attached hereto and incorporated herein by reference.
AGREEMENT
1. Scope of Consultant Services. Consultant shall perform the Services described in
Exhibit A.
2. Compensation. Consultant's fee for the Services shall be as set forth in Exhibit A.
Payments shall be due thirty days after submission of an itemized invoice showing work
actually completed. Consultant shall submit invoices on a monthly basis for time and
materials actually expended. Consultant's fee shall not exceed$8,400 in fiscal year 2019-
2020 and 2020-2021 without prior Town approval of an amendment to this agreement.
Consultant shall not use any Town automobiles for performing any of the Services.
3. Standard of Work; Indemnity. Consultant shall perform the services in a skillful and
professional manner compatible with the usual, customary standard of Consultant's
profession. Consultant shall indemnify,defend and hold Town harmless from and against
claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a
negligent or intentional act or omission of Consultant's in the performance of the Services
pursuant to this Agreement.
4. Consultant as Independent Contractor; Indemnitv. Consultant (including its agents and
employees) is not an agent or employee of the Town but is an independent contractor not
subject to the direction and control of the Town. Without limiting the foregoing,
Consultant shall maintain complete control of its operations and personnel and shall be
solely liable and responsible to pay all required salaries,wages, expenses,taxes and other
obligations, including, but not limited to, withholding and Social Security.
Agreement fo�•Services----Jayni Planner FY 2019-2020&2020-2021
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5. Attendance at Hearin�s. If requested by the Town Director of Community Development,
Consultant shall appear at litigation and/or administrative hearings that pertain to the
Services. Town shall reimburse Consultant for such appearance(s) at the hourly rate
specified in Exhibit A.
6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and/or evaluation of the Consultant's records and accounts of expenditures and
program activities at its own expense. Consultant shall furnish all items necessary in the
Town's discretion to complete said audit and/or evaluation subject to restrictions on
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7. Insurance. Consultant shall maintain insurance as set forth below.
A. Comprehensive General Liability: Combined single limit of$1,000,000 for each
single occurrence and $2,000,000 annual aggregate.
B. Comprehensive Automobile Liability: Combined single limit of$1,000,000.
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language covering the Town, its officials, officers, employees, agents and
volunteers. Such coverage shall be primary, non-contributory insurance to the
Town,its officials,officers and employees and shall act as though a separate policy
had been written for each.
D. The insurance required by this Section 7 shall not be suspended, voided, canceled
or r�duc�d in�ov�rage or in limits�x��pt after thirty clays written noti�e has b��n
received by the Town. Any failure to comply with the reporting requirements of
the policies shall not affect coverage provided to the Town, its officials, officers
and employees.
E. Evidence of compliance with the insurance and endorsement requirements of this
Paragraph shall be subject to the approval of the Town Attorney.
8. Ownership of Documents; Re-Use; Indemnity. All documents prepared by Consultant
pursuant to this Agreement shall be the property of Town. Town acknowledges that said
documents are prepared for use only in connection with the Services described in the
Exhibit A.
9. DelinquencX. In the event that a proper invoice remains unpaid for more than 45 days
after submittal, Consultant may commence to charge interest of the unpaid amounts at the
lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In
addition, Consultant may suspend the performance of the Services after giving Town 10
days notice of its intent to do so. In the event of such suspension, the Base Fee shall be
increased to include Consultant's reasonable costs of suspending and restarting the
Services.
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10. Termination of Contract. It is expressly understood that either party shall have the right
to terminate this agreement within five (5) days written notice to the other party. In such
event, Consultant shall deliver to the Town copies of all finished and unfinished surveys,
studies, documents, computer disks, and/or reports pertaining to the contract, and
Consultant shall be entitled to receive just and equitable compensation for any satisfactory
work completed as determined by the Town.
11. Discrimination. In the performance this Agreement, Consultant shall not engage in nor
permit others he may employ to engage in discrimination in the employment of such
persons based on race, color, religion, sex, sexual preference, age, or handicapped
conditions.
12. Miscellaneous.
A. Other Contract Provisions. Other contract provisions are set forth in Exhibit A.
To the extent that there are any inconsistencies with such Exhibit and the other
portions of this Agreement, the latter shall prevail.
B. Governing Law. The laws of the State of California shall govern this Agreement.
In the event that a dispute arises from this Agreement,the venue for resolving such
dispute shall the County of Marin.
C. Severabilitv. If any provision of this Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not
be affected unless the effect thereof would materially change the economic burden
on either party.
D. Successors in Interest; Assignment. This Agreement shall be binding on the
assigns and successors in interest to both parties. Neither party may assign their
obligations under this Agreement without the written consent of the other party.
E. Entire A�reement; Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
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IN WIT`NESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
�iLLSEP PLANNIT�� TOVJN �F 'I'IBTJR�iN
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yni llsep, Principa Gre anis, Town Manager
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APPROVED AS TO FORM:
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Agreement for Services----Jayni Planner FY 2019-2020&2020-2021
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EXHIBIT A: SERVICES
Agreement fof�Services----Jayni Plannei•FY 2019-2020&2020-2021
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ALLSEP PLANNING
773 Tiburor�Boulevard,Suite.4�Tiburon,CA 94?i0� �no�-:s:�:is.,�oi�.oaa�
E-Mail:jayni@allsep-planning.corn � WHJVJ.2`Is2p-planririg.roiii
December 6, 2019
Sung H. Kwon
Director of Community Development
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Subject: Contract Planning Services for 1694-1696 Tiburon Blvd
New Morning Cafe; APN 059-101-12
Dear Sung:
At your request, 1 am pleased to submit the attached scope of work and estimated budget for
contract planning services related to the proposal to create condominium ownership of the
residential units being constructed as part of the approved mixed-use building located at 1694-1696
Tiburon Boulevard.
Given my prior experience with Town of Tiburon Downtown Plan, development review process, and
Subdivision Map Act, I feel that i am uniquely qualified to assist the Town with this application.
Thank you for considering me for this assignment and please feel free to call should you have any
questions or need any additional information.
Sincerely,
����.
Jayni Allsep, Principal
Alisep Planning
Attachment: Proposed Scope of Work and Budget Estimate
ATTACHMENT A
�COPE O� �EROOICE�
FOR
Condominium 1lfiap and Condominium Use Permit for
Miac�d�lJ�e C�rnrr�ercial/Resideratial �uilding
1694-1696 Tiburon Boulevard
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Understanding of Project
The subject property, approximately 3,676 square feet in size, is located at 1694-1696
Tiburon Boulevard. In August 2015, the Town of Tiburon Planning Commission adopted a
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#11402), to demolish an existing commercial building and construct a new three story
commercial/residential building on the subject property comprised of ground floor
restaurant/commerciai space and iwo residential condominium units on the upper levels.
The approval of the use permit for the mixed-use building included a transfer of intensity of
up to 3,220 square feet from another downtown parcel known as the Beach Road Parking
Lot, pursuant to General Plan Policy DT-9.
Design Review approval was obtained for the project on May 5, 2016. The one-story
building that contained the New Morning Cafe and Grass Shack was demolished earlier
this year, and construction of the new building is underway.
In order to create the proposed condominium ownership of the residential units, a
condominium map (Tentative and Parcel Map) is required in accordance with Section 14-
3.301 of the Town's Municipal Code.
!n addition, a co�dition af the 2015 use perrr�it a�proval stipuiates that cordornir�iurnizatior
of the building shall require a separate condominium use permit in accordance with
Section 16-52.050 of the Town's Municipal Code. The provisions and standards in this
section are intended to provide that structures initially erected as condominiums meet
reasonable construction criteria under state and local laws, ordinances, and regulations, in
order that a reasonable balance between rental housing and owner-occupied housing
continues to exist in the community, and to ensure that the density, bulk, height, massing,
and character of the units constructed or converted hereunder are consistent with the
existing character of structures in the area. These provisions and standards shall apply to
industrial, commercial, mixed use, or marina subdivisions as well as purely residential
subdivisions.
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Scope of Work and Tasks
General Scope of Work
Jayni Allsep, Allsep Planning, shall perform professional level work in the field of current
planning and consistent with the procedures set forth in Tiburon Municipal Code Sections
referenced below regarding condominium subdivisions (tentative and parcei map) and
condominium use permits.
Tasks
1. Review relevant background information, including previous use permit and design
review approvals, conditions of approval, IS/MND and MMRP.
2. Review submitted application and tentative map for conformance with Tiburon
Municipal Code Chapter 14, Article 3; review and compile comments from other
departments and agencies; address completeness of application in writing to applicant.
3. Review condominium use permit application for conformance with Tiburon Municipal
Code Section 16-52.050; review and compile comments from other departments and
agencies; address completeness of condominium use permit application in writing to
applicant.
4. Review condominium map and use permit for conformance with applicable Tiburon
General Plan and Zoning policies.
5. Communication and coordination with applicant, Town staff and consultants.
6. Prepare Draft Public Hearing Notices for Planning Commission and Town Council
hearings as required.
7. Prepare staff reports for Pianning Commission and Town Council as required.
8. Prepare Draft Findings and Resolutions as required.
9. Attend public hearings and coordination meetings for the project, as directed by the
Community Development Director and/or his designee.
This scope of work assumes that the Mitigated Negative Declaration adopted in 2015
provides the CEQA documentation for this project and no further environmental review is
required. Therefore, this scope of work does not inciude preparation of any CEQA
documents required for the condominium map or use permit.
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Fee and Estimated �udget
Services ana iasks noted above wiii be performed at an houriy rate oT $185.OG. i his
includes time spent on telephone and e-mail correspondence, meetings with Town staff,
the applicant,and others assigned to the project, and attendance at Planning Commission,
Town Council meetings, when such attendance is requested by the Community
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it is estimated that a total of 45 hours will be needed to complete the tasks identified
above, which would require a budget of approximately $8,400.
Schedule
The Consultant will coordinate closely with the Community Development Director or his
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project schedule. A draft schedule will be prepared if needed once the applicant's
submittal is deemed complete.
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