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HomeMy WebLinkAboutAgr 2008-01-23 (Lisa Wise) AGREEMENT FOR PREPARING A ZONING ORDINANCE UPDATE THIS AGREEMENT, made and entered this Z# day of January, 2008, by and between the TOWN OF TIBURON, a municipal corporation, hereinafter called "Town," and LISA WISE CONSUL TING, hereinafter referred to as "Consultant," RECITALS A. The Town is desirous of consultant to assist in the preparation of an update to the Tiburon Zoning Ordinance. B. The Town has determined that a consultant with specific expertise in updating zoning ordinances will be required in order to perform this update. C. Town will 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 those Services described in Exhibit A. Consultant may subcontract out certain of the Services to other Consultants only as may be approved in advance in writing by Town. In the event of such subcontracting, Consultant shall remain responsible for the full performance of such 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 on a monthly basis for time and materials actually expended. Compensation in excess of the amount set forth in Exhibit A must be approved in writing by the Town through amendment of this Agreement. 3. Consultant as Independent Contractor. 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. 4. 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 Agreementfor a Development Hourly Rate Study. 200 7. doc 1 subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 5. Ownership of Documents: Re-Use. All documents, including drawings and specifications 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 as described in the Exhibit A. Consultant makes no representation that said documents are suitable for re-use on any other project or on any expansion of the Project. 6. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 8. Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an extension of time for performance, as appropriate. 7. 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 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. 8. 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. 9. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he or she may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. Agreementfor a Development Hourly Rate Study. 200 7. doc 2 10. Miscellaneous. A. Other Contract Provisions. Other contract provisions may be 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. This Agreement shall be governed by the laws of the State of California. 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. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement Amendment. This Agreement represents the entire Agreement 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 -// %. tJ:>t/.2~ A:~ tU.-. Lisa Wise, Lisa Wise Consulting TOWN OF TIBURON III { ~l.~ ..^ Marg~~~;~~ ~:rrrnn, ~:~~a~ger v APPROVED AS TO FORM: /~ Ann Danforth, Town Attorney Agreementfor a Development Hourly Rate Study. 2007. doc 3 EXHIBIT A - SERVICES Task 1. Project Initiation. L WC and the Town will review and finalize project objectives and confirm a timetable for project completion. During this Task, L WC will: o Obtain and review available sources of information, past studies, and maps. o Discuss with the Town proj ect goals, objectives, and specific areas of concerns. o Review and refine project scope. o Establish a project timeline. Deliverables: Project timeline and team responsibilities. Task 2. Formatting and Minor Technical Revisions. L WC will work with Staff to reformat the Zoning Ordinance and clean up minor technical corrections. The purpose of this Task is to (1) improve usability, (2) clearly and accurately communicate the development requirements, and (3) provide tables and graphics to plainly illustrate Ordinance standards and procedures. Specifically, L WC will: o Recommend an organizational framework with a logical hierarchy. o Provide examples of document formats. o Create a list of minor technical corrections. Deliverables: Recommendations and examples of organization and format. List o/minor technical corrections. Task 3. Comply with Changes in State Law. The focus of this effort is to update the Zoning Ordinance to ensure compliance with State law, including but not limited to legislative amendments to the State Density Bonus Law, wireless telecommunication facilities, group home facilities, emergency shelters, secondary dwelling units, and appeals on Subdivision Act matters (SB 1052). Based on discussions with Staff and a review of recent State legislation, L WC will: o Prepare a list of proposed revisions to bring the Ordinance into compliance with State law for Town Staff review and comment. Deliverable: List o/revisions to bring the Ordinance into compliance with State law and recommended Ordinance language/updates. Task 4. Administrative Draft Zoning Ordinance. Based on an agreed framework (see Task 1), L WC will prepare an illustrated Administrative Draft Zoning Ordinance that incorporates the final recommendations from Tasks 1, 2, and 3 for Staff review. Deliverable: Administrative Draft Zoning Ordinance (1 electronic and 1 hard copy). Task 5. Hearing and Meetings. L WC will attend meetings and hearings on a time and material basis. Exhibit A - Services CONSULTANT'S FEE The budget for this project is estimated at $29,100. This fee includes all services and products described in Tasks 1 to 4. Principal Associate Total Hrs Rate Hrs Rate Hrs Fee Task 1 - Proiect Initiation 8 $ 150 0 $ 75 8 $ 1,200 Task 2 - Formatting and Minor Revisions 12 $ 150 8 $ 75 20 $ 2,400 Task 3 - Comply with Chances in State Law 20 $ 150 20 $ 75 40 $ 4,500 Task 4 - Adminstrative Draft Zoning Ordinance 60 $ 150 160 $ 75 220 $ 21 ,000 Total 288 $ 29,100 TOWN OF TIBURON bo 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 16, 2008 Agenda Item: c{n_- 5 ST \FF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to Approve Contract to Assist in Preparation of Zoning ~ce Update Reviewed By: BACKGROUND The Tiburon Zoning Ordinance is scheduled to be updated in the current fiscal year. Staff solicited proposals from several firms to assist in the update, concentrating on technical assistance to comply with changes in State planning laws, and formatting and graphics that will improve the usability of the zoning ordinance. Lisa Wise Consulting presented the most cost- effective proposal. Ms. Wise has conducted zoning ordinance updates for other public agencies, including the County of Marin. FINANCIAL IMP ACT A total of $30,000 has been budgeted for this project. The proposed cost of the contract would be $29,100. A copy of the proposal and the draft agreement are attached. RECOMMENDATION Staff recommends that the Town Council approve the contract with Lisa Wise Consulting to assist in the preparation of the update of the Tiburon Zoning Ordinance. Exhibits: Draft Agreement for Preparing a Zoning Ordinance Update Zoning Ordinance Update Proposal from Lisa Wise Consulting Prepared By: Daniel Watrous, Planning Manager