HomeMy WebLinkAbout4857_001AGREEMENT FOR PLANNING SERVICES
THIS AGREEMENT, made and entered this Z64`'day of ice- 2011 by and
between the TOWN OF TIBURON, a municipal corporation of the State of California hereinafter
called "Town", and MARIN BUILDERS ASSOCIATION, hereinafter referred to as
"Consultant".
RECITALS
A. The Town of Tiburon's Community Development Department wishes to retain
professional contract services to obtain applicant feedback on customer service
("Customer Service Assessment").
B. The Town has determined that Consultant is qualified to provide the desired 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
Scope of Consultant Services. Consultant shall perform the Services described in
Exhibit A (to be provided by Consultant). Consultant may subcontract out certain of the
Services to other Consultants only as specified in Exhibit A or with Town's prior written
approval. In the event of such subcontracting, Consultant shall remain responsible for the
full performance of the Services.
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 within 30 days of each Milestone as
outlined in Exhibit A. Consultant's fee shall not exceed $40,000 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 acts or omissions of Consultant in the performance of the Services
pursuant to this Agreement.
4. Consultant as Independent Contractor; Indemnity. Consultant (including its agents and
employees) is not an agent or employee of the Town but is an independent contractor not
Marin Builders Agreement for Services
subject to the direction and control of the Town. Without limiting the foregoing,
1+ 1+.,..+ 11 ,, of complete , lete �rnntrnl of its operations and personnel and shall be
t,onsultant shall maintain . omp
�:,lely liable andr�si;ble top_.y alt rP 1„ired __.___ries_ wages. exnenses, taxes and other
obligations, including, but not limited to, withholding and Social Security.
5. Attendance at Hearings. If requested by the Town of Tiburon, 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. Appearances outside the presentation of the final_ report
will be considered additional services.
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
confidentiality limited to expenditure or receipt of program funds, and program quality.
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.
C. The insurance required under paragraphs A and B, above, shall be endorsed with
language covering the Town, its officials, officers, employees, agents, assigns 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 reduced in coverage or in limits during the duration of this Agreement and/or
while any work or services are being performed pursuant to this Agreement. 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. Delinquency. 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
Marin Builders Agreement for Services
2
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.
10. Termination of Contract. It is expressly understood that either party shall have the right
to terminate this agreement with or without cause within ten (10) 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. Licenses. Consultant represents and warrants that it has all licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required
of consultant to practice its profession. Consultant represents and warrants to City that it
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of
this Agreement, any licenses, permits, insurance and approvals which are legally required
of consultant to practice its profession.
13. 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 be the County of Marin.
C. Severability. 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.
Marin Builders Agreement for Services
91
r rr �. A ...,. 11. S A .troo orit rc�r�r—en s the entire Agreement
r', entire Agreement, Amendmen". 1111) ngreerii�.u� ivi✓i v.�va.t ;-., t, -
between the parties. This Agreement may only be amended in writing.
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
CONSULTANT
TOWN OF
By: Rick Wel C 'ef Executive Officer By: Greg ams, Town Manager
Marin Builders Association
APPROVED AS TO FORM:
`Be Jn amin Stock, Town Attorney
Marin Builders Agreement for Services
4
EXHIBIT A: SERVICES
See Attached Scope of work
Marin Builders Agreement for Services
Attachment A
SCOPE OF WORK
Customer Satisfaction Assessment
Marin Builders Association and the Town of Tiburon
July 10, 2019
Background and Summary
There is an estimated 40% of unpermitted construction in the Town of Tiburon. Unpermitted work
results in significant unpaid fees to the Town of Tiburon annually. An increased percentage of permitted
work improves the environment and safety for contractors, creates a better environment for
homeowners and increases revenues the Town of Tiburon. The Customer Satisfaction Assessment will,
over time, increase revenue, reduce inconsistency and frustration on both sides of the counter. This
program will demonstrate to the community that Tiburon is actively gathering meaningful and impartial
feedback about the experience at Town Hall.
Scope of Work
The Customer Satisfaction Assessment will gather information from both customers (homeowners and
contractors) regarding their experience at the permit counter. The team will gather data to establish
benchmarks that will allow the Town of Tiburon to measure progress, future successes and identify new
opportunities. A baseline 'net promoter' score for the Town of Tiburon will be established to help
determine how likely customers are to refer their friends, family, and colleagues to get their work
permitted in Tiburon. The final report will include relevant examples of best practices being
implemented in other jurisdictions.
Deliverables
• Survey Findings, Summary and Report
• Focus Groups Facilitation, Findings and Topline Report
• Provide baseline measurement — Net Promoter Score
• Identification of what is working well for customers and initial improvement recommendations
• Best Practices
• Phase 2 Concepts (Outreach, Marketing, Implementing of Recommendations and Best Practices,
Continued Benchmarking, Process Analysis, etc.)
Timeline
• Scope of Work - defined and agreed upon —July 2019
• Agreement Finalized and Executed —July 2019
Milestone 1
o Surveys Conducted —August 2019 —October 2019
Milestone 2
o Focus Groups Conducted — November 2019
• Confidential Draft - presented to staff for feedback — December 2019 — January 2020
• Presentation of Phase 1 Final Report — March 2020
• Consideration and Discussion of Phase 2 — May 2020
• Completion of Project — May 2020
Budget
$40,000
• 25% payable upon Execution of Agreement
• 25% payable upon Execution of Milestone 1
• 25% payable upon Execution of Milestone 2
• 25% payable upon Completion of Project