HomeMy WebLinkAboutCC AG PKT 2009-09-14 #JA-C~EN®~4 ST~4FF REPORT
DATE: September 14, 2009
TO: Honorable Mayor and City Council
FROM: David Carmany, City Manager
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT FOR DEVELOPMENT SERVICES
PROJECT CONSULTANT
SUMMARY OF REQUEST:
The City Council to approve a professional services agreement with Lee H.
Whittenberg to perform the services of Development Services Project Consultant.
BACKGROUND:
After twenty years with the City, the current Director of Development Services,
Lee Whittenberg, has determined to retire. His last day will be October 6, 2009.
The City will be opening a recruitment to fill the vacancy. In the interim, the City
desires to retain the services of Mr. Whittenberg to perform the services as a
consultant for Development Services Projects.
Municipal Code Section 3.20.025 (C) "Purchases Exempt from Bidding
Requirements" exempts professional services from the City's normal bidding
requirements. Per the attached agreement, Mr. Wittenberg will be compensated
at an hourly rate of $125.00 and will be reimbursed for actual and necessary
expenses incurred in the performance of his official duties for the City.
FINANCIAL IMPACT:
The City agrees to pay Mr. Whittenberg at an hourly rate of $125.00 plus actual
and necessary expense reimbursements. Expenses will be expended from the
Full-Time Salaries Account 001-013-40001.
RECOMMENDATION:
Staff recommends that City Council approve Resolution No. 5915 authorizing the
City Manager to execute the Professional Services Agreement with Lee H.
Whittenberg.
SUBMITTED BY:
~~
David Carm ny, City Manager
Agenda Item J
RESOLUTION NUMBER 5915
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA APPROVING A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF SEAL
BEACH AND LEE H. WHITTENBERG
The City Council of the City of Seal Beach hereby resolves as follows:
Section 1. The City Council hereby approves the Professional Services
Agreement between City of Seal Beach and Lee H. Whittenberg for development
services project related services.
Section 2. The Council hereby directs the City Manager to execute the
Professional Services Agreement with Lee H. Whittenberg.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 14th day of September .2009 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 5915 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach, at a regular meeting held on the 14th day
of September , 2009.
City Clerk
PR®~ESSI®IV~-L SERVICES a4C~REEIV1EiV~ ~®R
®EVEL®PIVIENT SERVICES ~R®JECT
C®NSULTAIVT
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
and
Lee H. Whittenberg
11 Pacific Grove
Irvine, CA 92602
This Agreement ("AGREEMENT") is made and entered into this 14th day of
September 2009, by and between the CITY OF SEAL BEACH, a charter
city ("CITY"), and LEE H. WHITTENBERG, an individual ("CONSULTANT').
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RECIT~4LS
A. CITY desires to contract with CONSULTANT to perform Development Services
Project consultant services until such time as Specified Development Services
Project's ("Services") are completed.
B. CONSULTANT has served as a Planning Director and Director of Development
Services prior to his retirement, and is fully familiar with proper administrative and
technical aspects of the desired Services.
C. CONSULTANT represents that he is a "retired annuitant" pursuant to the California
Public Employee's Retirement System.
~-GREEIVIEIVT
1.0 DUTIES.
1.1 Performance of Services. CONSULTANT shall perform the functions
and duties necessary to assist CITY in completing the Services, and
other legally permissible and proper duties and functions as may be,
from time to time, assigned to CONSULTANT.
1.2 Services. CONSULTANT shall assist CITY in completion of the
following Services:
a. Preparation of Housing Element Update and adoption;
b. Local Coastal Plan and Implementing Actions Ordinance
preparation and adoption;
c. Department of Water and Power Specific Plan Amendment
processing;
d. Main Street Specific Plan revision and adoption; and
e. Zoning Code Update adoption.
1.3 Other Services. CONSULTANT agrees not to perform other services
for other entities or clients while this AGREEMENT is in effect without
the prior written approval of the City Manager, which shall not be
unreasonably withheld. In addition, if requested, CONSULTANT shall
use his best efforts to assist the CITY in locating and hiring additional
consultants to assist in completion of Services.
2.0 TERM & TERMINATION.
2.1 Commencement. CONSULTANT shall commence Services on October
19. 2009.
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2.2 Limitation on Termination of AGREEMENT. CITY shall not terminate this
Agreement prior to April 16, 2010.
2.3 Expiration Date. Unless extended by an amendment to this AGREEMENT
or earlier terminated pursuant to §2.4, this AGREEMENT shall expire on
July 19, 2010.
2.4 Termination. Except as provided in §2.2, either party may terminate
this Agreement at any time, with or without cause, upon 14 days
advance written notice to the other party. Either party may accept less
notice. '
2.5 Termination Payment. CONSULTANT shall be paid for all Services
performed through the effective date of termination within 10 days of
receipt by CITY of a final invoice for Services by CONSULTANT.
3.0 HOURS. CITY and CONSULTANT shall mutually determine hours of Service
provided by CONSULTANT. Hours shall be on Monday through Wednesday to
the maximum extent practicable.
4.0 COMPENSATION. CITY shall pay CONSULTANT at a per hour rate of $125.00.
CONSULTANT shall invoice CITY monthly for Services provided and
reimbursable expenses.
5.0 EXPENSES.
5.1 Expenses. CITY will reimburse CONSULTANT for actual and
necessary expenses incurred in the performance of his official duties that
are supported by expense receipts in accordance with AB1234 and any
applicable City resolutions, rules, policies, or procedures.
5.2 Attendance At Meetings. CITY will reimburse CONSULTANT for all expenses
associated with his participation in meetings for regional and Orange County
associations and organizations approved by the City Manager in relation to
Services.
6.0 BONDING. CITY shall bear the full cost of any fidelity or other bonds required
of CONSULTANT by the City Manager or as required under any law or ordinance.
7.0 RESPONSIBILITY FOR CONTRIBUTIONS, PAYMENTS, OR WITHHOLDING.
7.1 CONSULTANT'S Responsibility. CONSULTANT shall be solely
responsible for all contributions, payments, or withholdings normally made
on behalf of an employee including but not limited to, state and federal
income taxes, federal social security contributions, California State
disability insurance taxes, and unemployment insurance contributions.
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7.2 CONSULTANT'S Indemnification. CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this
AGREEMENT, and to indemnify and hold CITY harmless from any and all
taxes, assessments, penalties, and interest asserted against CITY by
reason of an independent contractor relationship created by this
AGREEMENT. CONSULTANT shall indemnify and hold CITY harmless
from any failure of CONSULTANT to comply with applicable workers'
compensation laws.
8.0 RELATIONSHIP BETWEEN THE PARTIES. CONSULTANT is, and shall at all
times remain as to CITY, a wholly independent contractor. CONSULTANT shall
have no power to incur any debt, obligation, or liability on behalf of CITY.
CONSULTANT may act as an agent of CITY only to the extent necessary to
perform the duties and obligations required herein. Neither CITY, nor any of its
agents shall have control over the means of Service or means of production of
CONSULTANT. CONSULTANT shall not, at any time, or in any manner,
represent that he is an employee of CITY, provided, however, that nothing
contained in the provision shall be construed or interpreted so as to deprive
CONSULTANT of any and all defenses or immunities available to public officials
acting in their official capacities. CONSULTANT is an independent contractor of
CITY and is not entitled to benefits provided by CITY to its employees, including
but not limited to workers' compensation insurance, health/medical insurance,
dental insurance, life insurance, deferred compensation, disability insurance,
unemployment insurance, retirement contribution, sick leave, vacation leave or
similar benefits.
9.0 INSURANCE. CONSULTANT shall procure and maintain in effect a policy
of automobile insurance for use of his private vehicle. Such insurance shall not
be subject to cancellation, modification or lapse without CITY first receiving 10
days advance written notice.
10.0 MUTUAL INDEMNITY.
10.1 CITY Indemnification. CITY will indemnify, defend, and hold harmless
CONSULTANT from and against any and all claims, actions, proceedings,
suits, or damages, including costs and attorney's fees, resulting from
physical harm or damage to persons or property which harm arises out of or
is in any way caused by the acts, omissions, negligence or misconduct of
CITY, its officials, officers, agents or employees. In connection with
CONSULTANT'S performance of the Services, and while CONSULTANT is
acting within the course and scope of this Agreement, the parties intend for
CONSULTANT to be entitled to the immunities and privileges set forth in the
Government Tort Claims Act (California Government Code Sections 810 et
seq.) or any other provisions of law providing governmental immunity for
municipal corporations, their employees and agents.
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10.2 CONSULTANT Indemnity. CONSULTANT will indemnify, defend, and hold
harmless CITY, its elected and appointed officials, officers, agents and
employees against any claims, actions, proceedings, suits, or damages,
including costs and attorneys' fees, resulting from physical harm or damage
to persons or property which harm arises out of or is in any way caused by
the negligent acts, negligent omissions or misconduct of CONSULTANT.
11.0 AMENDMENT. This Agreement may be amended only with an amendment signed
by City Manager and CONSULTANT.
12.0 GENERAL PROVISIONS.
12.1 If any provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement shall nevertheless remain in full force and
effect. If any provision is held invalid or unenforceable with respect to
particular circumstances, it shall nevertheless remain in full force and
effect in all other circumstances.
12.2 This Agreement shall be interpreted and construed pursuant to and in
accordance with the applicable laws of the State of California, the City
Charter and all applicable City Codes, Ordinances, and Resolutions.
IN WITNESS WHEREOF, the CITY OF SEAL BEACH has caused this AGREEMENT to
be signed and executed on its behalf by its City Manager, and duly attested by its officers
thereunto duly authorized, and CONSULTANT has signed and executed this Agreement,
both in duplicate.
CITY OF SEAL BEACH
David N. Carmany, City Manager
Dated:
ATTEST:
City Clerk
CONSULTANT
Lee H. Whittenberg
Dated:
APPROVED AS TO FORM:
City Attorney
[END OF SIGNATURES]
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