CITY COUNCIL: Resolution for Contract with Gualtieri & Lehmann as City's Historic Preservation Consultant Firm

Meeting Date: 7 October 2008
Prepared by: Sean Conroy
Planning & Building Services Manager

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the City Administrator to renew and revise a contract with Katherine Gualtieri & Susan Lehmann to work as the City’s Historic Preservation Consultant firm.

Description: The City requires that the historical status of a property be determined prior to approving development applications. While a large number of properties in the City already were surveyed, many other properties have not yet been evaluated. The City calls upon the Historic Preservation Consultant to review properties on a case-by-case basis and make recommendations regarding their historic status.

The City’s Historic Preservation Consultant is requesting a revision to the fee schedule for historic evaluations. As noted in Exhibit “A”, the request for increased fees is to offset their rise in overhead expenses including travel, supplies and insurance. Unless the work is the result of a City project, the work shall be at the applicant’s expense.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the resolution.

Important Considerations: CMC 17.32.060 establishes the procedure for determining the historic significance of individual properties. CMC 17.32.080 indicates that the City shall maintain a list of qualified professionals capable of performing surveys and assisting staff in evaluating individual properties.

Decision Record: N/A

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 REVISE A CONTRACT WITH KATHRYN GUALITIERI AND SUSAN LEHMAN FOR SERVICES AS THE CITY’S HISTORIC PRESERVATION CONSULTANT FIRM

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself its historic character; and

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations; and

WHEREAS, the Municipal Code requires that prior to approval of any project that a determination be made as to whether the project site may contain any historic resources; and

WHEREAS, Kathryn Gualtieri and Susan Lehman have been providing historic preservation consultant services to the City since 2007; and

WHEREAS, Kathryn Gualtieri and Susan Lehman are requesting an increase in their consultant services fees as shown in Exhibit “A”.

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

Authorize the City Administrator to execute a revised contract with Kathryn Gualtieri and Susan Lehman.

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


REVISED CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 7th day of October 2008 is by and between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the “City”, and Katherine Gualtieri and Susan Lehmann, hereinafter referred to as the “Consultant”.

I. SERVICES BY CONSULTANT
A. Consultant will perform all services, carry out all responsibilities, and prepare such reports as described in the Scope of Services described in Exhibit “A” hereto, which is incorporated herein by this reference.

B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.

II. COMPENSATION
A. City shall pay Consultant for the services identified in the attached Scope of Services on a property-by-property basis not to exceed $900 without prior City authorization. Such amount shall constitute full and complete payment by City under this Agreement. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated.

B. Consultant shall submit an itemized invoice to City. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. Payment for work shall be made by City within forty-five (45) days of receipt of invoice.

C. City shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time as Consultant modifies such work so that the same is satisfactory as determined by the City and in accordance with professional standards of performance.

III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in the City.

B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant.

IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee, shall have primary administrative responsibility for the City under this Agreement, and shall review and approve the Consultant's invoices to the City under this Agreement.

B. The Planning Services Manager of the City of Carmel-by-the-Sea, or his designee, shall have primary responsibility for overseeing and reviewing the Consultant's preparation of products as outlined in the Exhibit “A”, and shall coordinate all communications with the Consultant from the City.

V. COMPLETION DATE
A. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.

VI. SUSPENSION OF AGREEMENT/DISPUTES
A. The Consultant and the City reserve the right to terminate or suspend this Agreement at any time by giving twenty (20) days' written notice to the other party. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.

B. In the event that the City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.

C. Any legal proceeding concerning this Agreement shall be brought and maintained in the Superior Court of California in and for the County of Monterey. The prevailing party in such legal proceeding (including mediation and arbitration) shall be entitled to a reasonable attorneys' fee in addition to any other remedy available to said prevailing party

VII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. The Consultant and any subconsultants will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin,
marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. The Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.

VIII. ASSIGNMENT
This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party.

IX. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.

X. HOLD HARMLESS
A. The Consultant shall defend, indemnify and hold the City and its officers, agents, and employees, harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any persons or omissions of the Consultant, its agents, subconsultants or employees pursuant to this Agreement, or on account of any unpaid wages or other remuneration for services; and if a suit in respect to the above is filed, the Consultant shall appear and defend the same at its own cost and expense, and if judgment be rendered or settlement made requiring payment of damages by the City, which damages are based in whole or part on the negligent activities or omissions of the Consultant, its agents or employees, the Consultant shall pay the ame.

XI. COMPLIANCE WITH LAWS
A. The Consultant and sub-consultants shall be in compliance with all applicable State, Federal and City laws and safety regulations.

XII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, consultant shall maintain in effect throughout the term of this Agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:

a. COMMERCIAL GENERAL LIABILITY INSURANCE:
Commercial General Liability, including but not limited to, premises, personal injuries, products and completed operations, with a combined single limit of not less than $1,000,000.00 per occurrence.

1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and 1,000,000.00 property damage; and

2. A combined single limit of not less than $1,000,000.00 per occurrence.

b. AUTOMOBILE LIABILITY INSURANCE:
Comprehensive automotive liability covering all motor vehicles including owned, leased, non-owned, and hired vehicles, used in providing services under the Agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.

1. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and $1,000,000.00 property damage; and

2. A combined single limit of not less than $1,000,000.00 per occurrence.

c. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $1,000,000.00 per occurrence for employer’s liability.

XIII. ADDITIONAL SERVICES
A. It is understood and agreed by City and the Consultant that the City might request Consultant to render additional professional services beyond the original Scope of Services as defined in Exhibit “A” to this Agreement. Such additional services may include those due to abnormal conditions beyond the Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond that identified in Attachment “A” shall constitute additional services. Such work will be undertaken only upon written authorization of the City, written agreement by all parties, and based upon an agreed amount of compensation.

XIV. INDEPENDENT CONTRACTOR
A. The Consultant is and shall be at all times during the term of this Agreement an independent contractor.

B. The Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.

XV. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):

City Consultant
City of Carmel-by-the-Sea Katherine Gualtieri & Susan Lehmann
PO Drawer G 502 Grand Ave
Carmel, CA 93921 Capitola, CA 95010

Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above. Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.

CITY OF CARMEL-BY-THE-SEA, Katherine Gualtieri and Susan Lehmann
CALIFORNIA
By: By:


_________________________ ________________________________
Rich Guillen, Katherine Gualtieri
City Administrator Partner

By:

_________________________________

Susan Lehmann
Partner