CITY COUNCIL: Resolution for Agreement with Robert Jaques for Storm Water Program Management Services

Meeting Date: October 7, 2008
Prepared by Heidi Burch, City Clerk

City Council
Agenda Item Summary

Name: Consideration of a Resolution to renew and expand the scope of an agreement
with Robert Jaques for Storm Water Program management services in an amount not to
exceed $50,000.

Description: In December 2006, the City Council approved a contract with Robert
Jaques, a retired engineer with the Monterey Regional Water Pollution Control Agency,
to assist with the preparation of the annual report for the City, a requirement of the State Water Resources Control Board’s General Permit for storm water discharge.
Since that time, the compliance and reporting requirements involved in participating in the regional effort to manage and mitigate storm water discharge has grown
exponentially. These requirements must be met in order for the City to maintain its
storm water permit. As a result, the scope of work to be performed by Mr. Jaques’ has
likewise been expanded. The increased responsibilities are included in “Exhibit A”.

Overall Cost: City Funds: $50,000
Grant Funds: N/A

Staff Recommendation: Adopt the resolution.

Important Considerations: Mr. Jaques is the regional storm water authority, having
drafted the MRSWMP. His background and established relationships with the regional
and state regulatory agencies have been of great benefit to the City of Carmel-by-the-Sea and its storm water efforts.

Decision Record: The City of Carmel-by-the-Sea is a regional participant of the
Monterey Regional Storm Water Management Program, as required by the State Water
Resources Board, and approved by City Council.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA TO RENEW AND EXPAND THE SCOPE OF AN AGREEMENT WITH ROBERT JAQUES FOR STORM WATER PROGRAM
MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $50,000 WHEREAS, the City is a participant in the Monterey Regional Storm Water Management Program (MRSWMP); and
WHEREAS, Robert Jaques has successfully acted on behalf of the City of Carmel by the
Sea as the Program Manager for MRSWMP; and

WHEREAS, the process has grown in complexity, requiring an expanded scope of work,
included in Attachment A.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Authorize the expansion of the agreement with Robert Jaques to serve as Program Manager for the City’s MRSWMP as outlined in Exhibit “A”.

2. Approve account number 01-64051 to fund the fees charged by Robert Jaques in an amount not to exceed $50,000.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of October 2008, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

_____________________
Heidi Burch, City Clerk

ATTEST:

_______________________
SUE McCLOUD, MAYOR

CONTRACT FOR SERVICES
Assistance with Storm Water Program Management and ASBS Grant Issues

THIS AGREEMENT is executed this 7th day of October by and between the CITY OF
CARMEL-BY-THE-SEA, a municipal corporation, hereinafter called "City", and Robert S. Jaques, hereinafter called "Contractor".

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Contractor hereby agrees to provide to the City of Carmel-by-the-Sea, as the scope of services under this Agreement, the following services: Assistance with Storm Water Program Management (see Contractor’s proposal dated September 25, 2008, attached hereto as Exhibit “A”).

2. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in paragraph 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or may agree in writing with Contractor to an extension of time.

3. The work under this Agreement shall commence October 15, 2008 and shall be completed by October 15, 2009.

4. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, an hourly fee in the amount of One Hundred Dollars ($100.00) per hour, not to exceed Fifty Thousand Dollars ($50,000.00), for the first Twelve (12) months of this Contract. At the end of this initial 12 month period, City and Contractor shall meet and confer to determine the amount of compensation to be paid to Contractor thereafter for further work on the scope described in Exhibit “A”. If additional compensation is to be paid to Contractor for work performed after the initial 12 month period, this additional compensation will be authorized in writing though an amendment to this Contract. Contractor shall be reimbursed for expenses, such as copying, at cost not to exceed Two Hundred Dollars ($200.00). Contractor has no right of reimbursement for other expenses, such as travel, under this Agreement. Compensation shall become due and payable upon submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to
the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.

5. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance of this Agreement.

6. Contractor shall maintain the following insurance in full force and effect:
• One million dollars ($1,000,000) Comprehensive general liability including automobiles.
• Workers’ Compensation insurance as required by the State of California.
Contractor shall not cancel or materially change the insurance policies he has to fulfill these requirements without 30 days written notice to the City of Carmel-by-the-Sea. The Contractor’s insurance under this Agreement shall be primary to that under the City’s self-insurance program or excess liability policy.

7. Contractor hereby agrees to release and hold City, its officers, officials, agents, employees and volunteers harmless from any liability, suit, cause of action, or other legal proceedings (including reasonable attorney fees and costs) which may be brought or claimed against City as a result of Contractor's performance of or failure to perform under this Agreement.

8. If any action or proceeding is brought against City by reason of any of the matters against which Contractor has agreed to indemnify City as provided above, Contractor shall defend City at Contractor’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. The insurance required to be maintained by Contractor under section 6 above shall ensure Contractor’s obligations under this section, but the limits of such insurance shall not limit the liability
of Contractor hereunder.

9. City may terminate this Agreement upon ten days' written notice. The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.

10. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.

11. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.

12. This Agreement constitutes the entire Agreement between the parties hereto and
supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of this Agreement will be effective only if it is in writing signed by both parties hereto.

13. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

14. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

15. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the City of Carmel-by-the-Sea.

IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first above written in Carmel-by-the-Sea, California.

CITY OF CARMEL-BY-THE-SEA CONTRACTOR:

__________________________ __________________________
Rich Guillen, City Administrator Robert Jaques, Contractor
Approved as to form:

__________________
City Attorney’s Office


EXHIBIT “A”September 25, 2008
Mr. Richard Guillen
City Administrator
City of Carmel-by-the-Sea
P.O. Box CC
Carmel, CA 93921
Subject: Assistance with Storm Water Management Program and ASBS Grant Issues

Dear Mr. Guillen:
I met on September 22, 2008 with Ms. Heidi Burch of your staff to discuss my providing assistance to the City on Storm Water Management Program and ASBS Grant Issues. During that meeting we outlined the types of work that I would perform for the City. A listing of the Proposed Services to be Performed is attached hereto.

I will provide these services on a time-and-expense basis at my normal hourly rate of $100.00, plus any direct out-of-pocket expenses, such as printing (at cost).

I look forward to working with you and your staff on these activities.

Sincerely,
Robert S. Jaques
83 Via Encanto
Monterey, CA 93940
(831) 375-0517

Attachment – Proposed Services to be Performed
PROPOSED SERVICES TO BE PERFORMED
To assist Carmel-by-the-Sea (the City) in carrying out its Storm Water Program Management Program (SWMP) and on issues pertaining to its ASBS Grant application, I offer to perform the following services:

Task 1. Serving as the City’s Project Manager for its ASBS Grant project. This work will include, but not be limited to, coordination and communication with State Grant representatives; coordination with other City consultants such as engineers and grant writers; overseeing the planning, design, and construction of the grant-funded facilities; and preparing and submitting reports required under the Grant.

Task 2. Serving as the City’s representative to meetings of the Central Coast Long-Term Environmental Assessment Network (CCLEAN), and preparing communications and performing other work associated with the activities of that organization, on behalf of the City.

Task 3. Providing assistance to members of the City’s staff, as requested by the City, in carrying out the City’s Storm Water Management Program in order to fulfill the City’s obligations under the Monterey Regional Storm Water Management Program and the City’s Phase II Stormwater NPDES Permit.

Task 4. Preparing the City’s Annual Report on its SWMP, as required by its Phase II
Stormwater NPDES Permit.

Task 5. Serving as the City’ representative on the Management Committee of the Monterey Regional Storm Water Management Program, and preparing communications and performing other work associated with the activities of that organization, on behalf of the City.

Task 6. Serving as the City’s representative to meetings of the local ASBS Stakeholders Group, and preparing communications and performing other work associated with the activities of that organization, on behalf of the City. In addition, if requested by the City, attending certain meetings of statewide ASBS groups and/or ASBS meetings conducted by the State Water Resources Control Board, on behalf of the City.

Task 7. As requested by the City, providing assistance to City staff members on engineering, public works, and other types of activities.

Task 8. Assisting City staff with updating the City’s Website with regard to environmental topics and issues.

Task 9. Performing other work as requested by the City involving engineering and/or public works types of activities.

It is estimated that the performance of the work described above will require an average of approximately 10 man-hours per week on an ongoing basis. If the ASBS Grant is awarded to the City, additional work will be required to carry out the activities described in the Scope of Work for the Grant project. Funding to pay for that additional work has been requested in the City’s Grant application.