HomeMy WebLinkAboutC27660 - Hogle-Ireland, Inc. CONTRACT NO. C27660
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of
, 200 , ("Effective Date") by and befinreen the CITY OF PALM DESERT ("City")
and Hogle-Ireland, Inc. , a California Corporation ("Consultant")
(sometimes referred to individually or collectively as "Party" or "Parties").
WITNESSETH
WHEREAS, City desires to retain Consultant as an independent contractor to perform
certain technical and professional consulting services in connection with the
updating of Title 25 (Zoninq) of the Palm Desert Municipal Code project,
subject to the terms and conditions specified below, in the documents attached and
incorporated herein, and applicable federal, state and local law.
NOW, THEREFORE, in consideration of performance by the Parties of the
mutual promises, covenants, and conditions herein contained, the Parties hereto agree
as follows:
1. Consultant's Services.
1.1 Nature of Services. Consultant shall provide professional and
technical services on a non-exclusive basis, as more particularly described in Section 3,
below, and in Exhibit A, Scope of Services.
1.2 Personnel. Consultant represents that it has, or will secure at its
own expense, all personnel required to perform the services under this Agreement. All
of the services required under this Agreement will be performed by Consultant or under
its direct supervision, and all personnel engaged in the work shall be qualified, and shall
be authorized or permitted under state and local law to perform such services.
1.3 Standard of Performance. Consultant shall perform all services
under this Agreement in accordance with the standard of care generally exercised by
like professionals under similar circumstances and in a manner reasonably satisfactory
to City.
1.4 Consultant Representative. For the purposes of this Agreement,
the ConsultanYs project manager who will serve as the Consultant Representative shall
be Ron Pfluqrath ("Consultant Representative").
1.5 Time of Commencement. The execution of this Agreement by the
Parties does not constitute an authorization to proceed. A separate written Notice to
Proceed shall be issued by the City Representative, and Consultant shall not
commence work until receipt of such written Notice(s) to Proceed, as further set forth in
Sections 2 and 3, below.
Hogle Ireland Agreement-4-28-08
CONTRACT NO.C27660
1.6 Time of Performance/Time is of the Essence. Consultant shall
commence the services contemplated under this Agreement immediately upon receipt
of a written Notice to Proceed from the City, and shall prosecute to completion each
task listed in Section 3 in a timely and diligent manner in accordance with the schedule
appended to this agreement as Exhibit B.
2. Services by City :
2.1 City Representative. For the purposes of this Agreement, the City
Representative shall be Lauri Aylaian , or such other person designated by the
City's Executive Director ("City Representative").
Provision of Data. All information, data, reports and records and
maps as are existing and available from the City and necessary for the carryings out of
the work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge
by City, and City shall cooperate in every way reasonable in the carrying out of the work
without delay.
Proiect Budqet. If applicable, the City shall provide a budget for the
project that shall include contingencies for bidding, changes during construction, and
other costs which are the responsibility of the City.
3. Consultant's Scope of Work. Upon delivery by City to Consultant of a
written Notice to Proceed, Consultant shall immediately commence work pursuant to
this Agreement. Consultant's scope of work shall consist of the services in Exhibit A
appended to this Agreement.
3.1 Reportinq & Record Keepinq. To assist City in the performance of
its planning, reporting, and financial administration obligations, Consultant shall,
throughout the term of this Agreement, keep City reasonably informed of progress on
work required under this Agreement, and of any problems or delays, anticipated or
otherwise, associated with each aspect of the work. Consultant shall promptly respond
to any request by City for information, progress reports, or documentation. Consultant
shall maintain accurate records of all work performed for each Assignment under this
Agreement, including but not limited to originals or copies, as applicable, of all
deliverable documents described in Exhibit A. Upon the completion of work, and if
requested by the City, Consultant shall deliver to City the originals of all renderings,
models, or documentation produced, and may retain copies of such documentation, at
Consultant's election.
3. 2 Compliance with Laws. Consultant shall at all times possess any
and all licenses and permits necessary to provide the services herein, and shall comply
with applicable federal, state and local laws, ordinances, codes and regulations in the
performance of this Agreement, and with all applicable with any applicable City of Palm
Desert policies and guidelines.
3.3 Confidentialitv. Except as otherwise permitted or required by law,
Consultant shall maintain as confidential and shall not disclose any and/or all
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information received in the course of performing pursuant to this Agreement.
Consultant shall promptly inform the City in the event Consultant receives a subpoena
or court order requiring disclosure of confidential information.
4. Compensation. City shall pay Consultant for the Services provided
under this Agreement on the following basis.
4.1 Not-to-Exceed Fee: City shall pay to Consultant a total amount not
to exceed $ 149,660.00 for the basic services described in Exhibit A. Payment shall
be made on a monthly basis, based upon progress made with regard to each task
identified in Exhibit A , during the previous calendar month. The not-to-exceed fee
shall not be exceeded without written agreement between the parties.
5.2 Additional Services: Additional services beyond those described in
Exhibit A shall be reimbursed on a time-spent basis at the hourly rates described in
Exhibit C. City shall not be obligated to compensate Consultant for additional services
performed without advance authorization from the City Representative.
5.3 Reimbursable Exqenses: City shall pay to Consultant actual costs
plus ten percent (10%), subject to the limitation given below, for expenses incurred on
behalf of the project for long distance telephone calls, reproduction, express delivery
and courier services, postage, out-of-town travel if pre-approved in writing by the City
Representative, and other expenses directly attributable to the project and expressly
approved by the City Representative. Reimbursable expenses, including ConsultanYs
mark-up, shall not exceed $ 5,500.00 for this project.
5.4 Extraordinary Expenses/Costs. No claims for additional services,
expenses or costs incurred by Consultant will be allowed unless such additional
services, expenses or costs are authorized by City in writing prior to the performance or
incurrence of such services, expenses or costs. Any additional services, expenses or
costs authorized by City shall be compensated at rates mutually agreed upon by the
Parties in writing.
6. Method of Payment.
6.1 Invoices. Consultant shall submit to City invoices each month for
all services, if any, completed, and all expenses or costs incurred pursuant to this
Agreement during the preceding month. The invoices shall describe the services
rendered during the period and any milestone achievements. Copies of receipts for
expenses or costs shall be submitted with each invoice. City shall review such invoices
and notify Consultant in writing within fifteen (15) calendar days of any disputed
amounts.
6.2 Payment. City shall pay all undisputed portions of the invoice
within thirty (30) calendar days after receipt of the invoice up to the maximum amounts
set forth in Section 5.
6.3 Audit of Records. At any time during regular working hours, all
records, invoices, time cards, cost control sheets and other records maintained by
Consultant shall be available for review and audit by the City.
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7. Ownership of Work Product.
7.1 Propertv of Citv. All documents including but not limited to plans,
bids, proposals, correspondence, permits, certificates, contracts, change orders,
invoices, receipts, reports, analyses or other written material developed or obtained by
Consultant in the performance of this Agreement, including any and all intellectual
property rights arising therefrom ("Work Product"), shall be and remain the property of
City without restriction or limitation upon its use or dissemination by City. Promptly
upon the completion of each Assignment, or at any other time upon reasonable notice
to Consultant by City, Consultant shall deliver all Work Product to City.
7.2 Re-Use of Work Product. City and Consultant agree that all
documents, other than invoices, prepared by Consultant pursuant to this Agreement
shall be used exclusively for the subject project, and shall not be used for any other
work without the mutual agreement of the Parties. Such material shall not be the subject
of a copyright application by Consultant. In the event Consultant permits the re-use or
other use of such Work Product, City shall require the party using them to indemnify and
hold harmless City and Consultant regarding such re-use or other use, and City shall
require the party using them to eliminate any and all references to Consultant from such
Work Product. In the event City re-uses such Work Product on any project other than
the project for which they were prepared, such re-use shall be at the sole risk of City
unless City compensates Consultant for such reuse.
8. Conflict of Interest/Prohibited Conduct and Interests
8.1 Conflict of Interest. Consultant and its officers, employees,
associates and sub consultants, if any, will comply with all conflict of interest statutes of
the State of California applicable to Consultant's services under this Agreement,
including, but not limited to, the Political Reform Act (Government Code Sections
81000, et seq.) and Government Code Section 1090. During the term of this
Agreement, Consultant shall retain the right to perform similar services for other clients,
but Consultant and its officers, employees, associates and sub consultants shall not,
without the prior written approval of the City Manager, perform work for another person
or entity for whom Consultant is not currently performing work that would require
Consultant or one of its officers, employees, associates or sub consultants to abstain
from a decision under this Agreement pursuant to a conflict of interest statute.
8.2 No Solicitation. Consultant, on behalf of itself and its officers,
employees, agents and representatives, warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for Consultant,
to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making of this Agreement. For breach o�
violation of this warranty, City shall have the right to terminate this Agreement without
notice or liability, or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift or contingent fee.
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8.3 No Financial Interest - Citv. No officer, member or employee of
City during his or her tenure or one year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and
agree that to their knowledge no member of the City Council, or officer or employee of
City, has any interest, whether contractual, non-contractual, financial or otherwise, in
this Agreement, or the subject matter thereof, nor any business or financial relationship
with Consultant, and that if any such interest comes to the knowledge of either Party at
any time a full and complete disclosure of all such information will be made in writing to
the other Party or Parties, even if such interest would not be considered a conflict of
interest under applicable laws.
8.4 No Financial Interest — Consultant. Consultant hereby covenants,
on behalf of itself, and its officers, employees, agents and representatives, that at the
time of executing this Agreement it has no interest, and that it shall not acquire any
interest in the future, direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed pursuant to this Agreement.
Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by Consultant. At no time during the term of
this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on
ConsultanYs behalf, accept anything of value from any contractor or subcontractor
performing services in connection with the HIP.
9. Indemnification. Other than in the performance of professional services
and to the fullest extent permitted by law, Consultant shall indemnify, defend and hold
the City, the Redevelopment Agency, and City's and Agency's elected officials, officers,
employees, agents and volunteers free and harmless from and against all tort liability,
including liability for claims, suits, actions, expenses or costs of any kind, whether
actual, alleged or threatened, actual attorney's fees, court costs, and expert witness
fees incurred by City or Agency, arising out of or in any way connected with, in whole or
in part, the negligent or wrongful acts or omissions of Consultant, or any of ConsultanYs
officers, agents, employees or contractors, in the performance of this Agreement,
including but not limited to, claims, suits and liabilities for bodily injury, death or property
damage to any individual or entity, including employees or officials of Consultant. The
provisions of this paragraph shall not apply to claims arising out of the sole negligence
or willful misconduct of City or Agency, any of City's or Agency's elected officials,
officers, employees or agents.
In addition to the foregoing, Consultant shall indemnify, protect, defend and
hold harmless the Agency and the City of Palm Desert, their officials, employees,
agents and representatives from and against any and all losses, liabilities, damages,
costs, and expenses, including attorney's fees and costs to the extent same are caused
in whole or in part by any negligent or wrongful act, error, or omission of the Consultant,
its officers, agents, employees or subConsultants (or any entity or individual that the
Consultant shall bear the legal liability thereofl in the performance of professional
services under this agreement.
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10. Insurance.
Consultant will maintain insurance in conformance with the requirements set forth
below. If ConsultanYs existing coverage does not meet the requirements set forth here,
it will be amended to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and coverage
required in this agreement and which is applicable to a given loss, will be available to
City.
10.1 Workers' compensation and emplover's liability. Consultant
shall provide Workers Compensation and Employer's Liability Insurance on an
approved policy form providing benefits as required by law with emp{oyer's liability limits
no less that $1,000,000 per accident or disease.
10.2 Professional Liability or Errors and Omissions. Professional
Liability or Errors and Omissions insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the
Consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this agreement. The policy limit shall be no
less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf
of' the insured and must contain a provision establishing the insurer's duty to defend.
The policy retroactive date must be on or before the effective date of this agreement.
10.3 Automobile liability. Consultant shall provide auto liability
coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no
vehicles, this requirement may be met through a non-owned auto endorsement to the
CGL policy.
10.4 Waiver. If the Consultant does not carry Worker's
compensation coverage, or if the Consultant will not operate any vehicles at any time
within the scope of the services in the agreement, provisions for these coverages may
be waived upon review and approval of the City's Risk Manager.
11. Status as Independent Contractor. 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. Neither City nor any of its
officials, employees or agents shall have control over the conduct of Consultant or any
of Consultant's employees, except as set forth in this Agreement.
12. Non-Assignability; Subcontracting. Consultant shall not assign or
subcontract all or any portion of this Agreement without the City's prior, written consent.
Any attempted or purported assignment or sub-contracting by Consultant shall be null,
void and of no effect.
13. Non-Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental disability, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
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CONTRACT NO. C27660
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental disability, medical condition, or sexual
orientation. This clause shall be included in any contract prepared or approved by
Consultant in connection with performance of its services under this Agreement.
14. Cooperation. In the event any claim or action is brought against
Redevelopment Agency or City relating to Consultant's performance or services
rendered under this Agreement, Consultant shall render any reasonable assistance
and cooperation which Agency or City might require.
15. Termination. The right is reserved by the City to terminate the
Agreement at any time upon seven (7) days written notice, in the event the project is to
be abandoned or indefinitely postponed, or in the event the Consultant's services, in the
sole judgment of City, are unsatisfactory or because of the Consultant's failure to
prosecute the work with diligence or within the time limits specified or because of his
disability or death. In any such case, the Consultant shall be paid the reasonable value
of the services rendered, based upon Consultant's standard hourly rates, up to the time
of the termination. The Consultant shall keep adequate records to substantiate costs
and provide copies of original time-cards in the event of termination or suspension.
16. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be given by first class U.S. mail or by personal service. Notices shall
be deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during ConsultanYs and City's regular business hours or by facsimile before or
during Consultant's regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth
in the Agreement, or to such other addresses as the Parties may, from time to time,
designate in writing pursuant to the provisions of this section. All notices shall be
delivered to the Parties at the following addresses:
City: Carlos L. Ortega, City Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
With a copy to: Lauri Aylaian_
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 776-6417
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CONTRACT NO. C27660
Consultant: Mr. Ron Pflugrath
Hogle-Ireland, Inc.
2825 Tahquitr Canyon Way, Suite 106
Palm Springs, CA 92262
Tel: (949) 553-1427
Fax: (760) 327-9087
17. Non-Waiver of Terms, Rights and Remedies. Waiver by either Party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
18. Attorney's Fees. In the event that either Party to this Agreement shall
commence any legal action or proceeding for damages for breach, or to enforce or
interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's
fees and experts' costs.
19. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy befinreen the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall
prevail.
20. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. No promise or representation,
whether oral or written, express or implied, that is not set forth herein, shall be binding
or have any force or effect. This Agreement may not be amended, nor any provision
waived, except in a writing signed by the Parties which expressly refers to this
Agreement.
21. Partial Invalidity. In case any provision of this Agreement should be
deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any
respect, the validity, legality or enforceability of the remaining provisions shall not be
affected or impaired thereby.
22. Successors. This Agreement shall bind and inure to the benefit of the
respective heirs, personal representatives, successors and assigns of the parties to this
Agreement.
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CONTRACT NO. C27660
23. Waivers. No waiver of any breach or default of any term or provision of
this Agreement shall be deemed a waiver of any other term or provision of this
Agreement, and no waiver shall be valid unless in writing and executed by the waiving
party.
24. Construction. Section headings in this Agreement are solely for the
convenience of the parties and are not a part of and shall not be used to interpret this
Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all
references to Sections ace to this Agreement. All exhibits to this Agreement are hereby
incorporated by reference.
IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
CONSULTANT
By:
its:
HOGLE-IRELAND, INC.
CITY OF PALM DESERT
By: JEAN M. BENSON, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
APPROVED AS TO FORM
DAVID J. ERWIN, CITY ATTORNEY
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CONTRACT NO. C27660
EXHIBIT A
SCOPE OF SERVICES
10
Zoning Ordinance Update
Scope of Work
Palm Desert
Task and Product Description
The following recommended work plan is based on our current understanding of the City's needs and our
experience with many other similar projects. The cost associated with each task is shown in the attached
budget.
Task 1 - Scope Refinement and Initial Staff Input
The consultant team must have an in-depth understanding of the City's expectations and objectives for
the updated Zoning Ordinance before drafting can begin. This task will include a series of discussions
with the City's planning staff, review of all pertinent City documents,and other research necessary to
fully define the content and format of the updated Zoning Ordinance.
Subtasks:
1.1 Initial scoping meeting. The consultant team will meet with the appropriate City staff to:
❑ Review the City's objectives for the updated Zoning Ordinance;
❑ Refine and detail the project scope,budget,and schedule,if necessary;
❑ Inventory perceived weaknesses and issues associated with the current Zoning Ordinance.
This part of the discussion will focus on specific problems identified by staff experiences
with and knowledge of shortcomings of the current Zoning Ordinance;and
❑ Discuss any City preferences or develop alternative solutions regarding how the specific
regulatory issues identified by the City or any other opportunities identified by the team
will be addressed in the updated 7oning Ordinance, clarifying and defining all
appropriate terms (e.g., all allowable land uses listed in the land use matrices will be
defined), minirnizing nonconformities, other than where other objectives must be
accomplished.
PRODUCTS: Meeting with Cih�staff-One meeting
City of Palm Desert-Zoning Ordinance Update April 2008
Page 1
1.2 Document review and Zoning Ordinance diagnosis. The consultant team will review all City
documents relevant to the Zoning Ordinance update,including but not limited to the updated
General Plan, the existing Zoning Ordinance and Zoning Map, relevant specific plans,
environmental guidelines,and any other planning policy or regulatory documents.
This subtask will involve particular attention to the goals and policies of the updated General
Plan that give explicit direction for the Zoning Ordinance update. This task includes the
review of the elements of the General Plan implementation program for suitability of
implementation in the Zoning Ordinance update. The consultant team will also work with
City staff to review the overall Municipal Code,to identify any other provisions that should be
included or referenced in the updated Zoning Ordinance, or that will at least need to be
understood so that no conflicts occur with the Zoning Ordinance provisions.
We will evaluate and "troubleshoot" all land use regulaHons, development standards, and
review procedures, but only suggest modifications or additions where determined to be
necessary. In other words,everything will be reviewed but not changed. A product of this
subtask and Task 1.1 will be a list of issues to be addressed in the process of drafting the
updated Zoning Ordinance.The list of issues will guide efforts by the consultant team and City
staff in the drafting of the Zoning Ordinance update.
PRODUCTS: List of issues to be addressed,consultmits'recornmendations,and nn assessment of
Gerieral Plan implicntio►is.
1.3 Draft format and outline. Based on the input received prior to this task,the consultant team
will prepare a draft, annotated outline, style sheet, and sample chapter to illustrate the
intended format and style of the updated Zoning Ordinance. The consultant team will discuss
with staff any desired changes.
PRODUCTS: Zoriing Ordi�ta►ice outline and format arrd style slieet;electro�iic cop�only
Task 2-Zoning Ordinance Update Preparation
Throughout the preparation of the updated Zoning Ordinance, the consultant team will strive to
implement the following objectives:
❑ Implement General Plan goals,policies,and a variety of provisions,including new or changed land
use designations.
❑ Simplify the regulations and provisions,resolve inconsistencies,gaps,or inadequacies in the current
regulations in order to make the updated Zoning Ordinance more user friendly,understandable,and
enforceable.
❑ Eliminate and resolve internal inconsistencies,both within the Zoning Ordinance and between the
Ordinance and other City adopted regulations (e.g.,Municipal Code).
❑ Ensure that the updated Zoning Ordinance will be more reflective of current zoning practices,
applicable state and federal laws, as well as current publishing standards, including digital
distriburion.
City of Palm Desert-Zoning Ordinance Update April 20U8
Page 2
❑ Ensure that the updated regulations contain standards and measurements that are clear and concise
enough to provide an objective and rational basis for decision-making, Zoning Ordinance
compliance,and enforcement.
The consultant team suggests that portions of the Administrative Draft Zoning Ordinance and be
prepared and delivered in a logical series of submittals or segments rather than presenting the Draft
Ordinance as one large submittal. We have found that it is easier for staff to give timely feedback and
to review the overall content of the material when it is presented in a logical series of segments
because staff's review tune can be spread over a more manageable tune frame.The final order and
content of the individual segments will be discussed and agreed to by City staff.
Subtasks:
2.1 Zoning district provisions. The consultant team will draft the chapters of the Zoning
Ordinance containing regulations applicable in specific zoning districts and any desired
overlay districts. At a minimum,these provisions will address the following:
❑ New zoning districts and development standards necessary to effectively implement the
General Plan.
❑ The types of ministerial or discretionary land use approvals required for each land use will
be provided in table format with the allowed uses,as well as a reference to any applicable
standards.
O Development standards unique to the individual zoning districts(e.g.,height limitations,
setback requirements, site coverage requirements, etc.) will be organized in tables
wherever possible and appropriate.
❑ Clear and consistent definiHons for all of the listed "allowed" land uses as well as the
technical terms and phrases used in the updated Zoning Ordinance, including
abbreviations.
A copy of these draft provisions will be transmitted to the staff for review.
PRODUCTS: Adruinistrntive drnft tnnd uses and crueriny district proz�isioris;etectronic co�n�only
2.2 Administrative provisions. The consultant team will draft the chapters of the updated Zoning
Ordinance containing administration and permit filing/processing procedures. At a
minimum,these provisions will address the following:
❑ Purpose and adoption of the updated Zoning Ordinance,applicability,responsibility and
authority for its administration, interpretation procedures, and provisions addressing
"pipe line"applicaHons(applications deemed complete but not yet approved/denied that
may be affected by future amendments to the General Plan, Zoning Map, or Zoning
Ordinance).
o Definition of the roles and responsibilities of each project review entity.
City of Palm Desert-Zoning Ordinance Update April 2008
Page 3
❑ Administrative procedures for discretionary land use permits,variances,design review
procedures,amendments (e.g.,General Plan,Zoning Map,Zoning Ordinance), hearing
notices,and appeal provisions.
❑ Nonconforming provisions (e.g.,uses,structures,and parcels),including standards and
procedural requirements change in use, ordinary maintenance and repair, and the
reconstruction of involuntarily destroyed structures when consistent with City policy.
❑ Enforcement provisions(e.g.,procedures and remedies),including but not lunited to legal
remedies(criminal and civil),procedural requirements,recovery of costs direcdy related
to an enforcement action,and the clear identification of the property owner's/violator's
rights and procedures for appeal.
A copy of these draft provisions will be transmitted to the staff for review.
PRODUCTS: Ad�ninistrative drnft zoning procedural and administrnNae chnpters; electronic
coJn�only
23 General development standards. The consultant team will draft the chapters of the updated
Zoning Ordinance containing regulations that apply in multiple zones and overlay/combining
districts. At a minimum these provisions will address the following:
❑ Generally applicable standards apply to all development and land uses regardless of the
zoning district and would address provisions including: fences and walls; noise
regulations;outdoor lighting standards(dark sky);performance-based standards(e.g.,air
quality, glare, vibration, etc.), screening requirements; sight visibility areas; and
undergrounding of utilities.
v Standards that address affordable housing,density bonus,and other provisions to address
General Plan policies or deemed appropriate by the City.
❑ Standards for off-street parking and loading facilities,including parking and loading area
standards,layout,and landscaping requirements.
❑ Standards for landscaping incorporating and consolidating new and existing landscaping
standards.
❑ Sign regulations,including regulaHons for temporary signs.
A copy of these draft provisions will be transmitted to the staff for review.
PKODUCTS: Adniiriistrative drnftgeneral developmentstandArds,revised definitions;electro�iic
cop�onl�
2.4 Specific use standards. The consultant team will draft the chapters of the updated Zoning
Ordinance containing regulations for specific land uses. At a minimum these provisions will
address the following:
City of Palm Desert-Zoning Ordinance Update April 2008
Page 4
❑ Standards for specific land uses that will apply regardless of the zoning district in which
they arelocated.
❑ These standards will include provisions from the current Zoning Ordinance, recently
adopted ordinances, and applicable ordinances currently found in other titles of the
Municipal Code as directed by staff.
A copy of these draft provisions will be transmitted to the staff for review.
PRODUCTS: AdministrAtive draft specific use stnndards;electronic copy only
2.5 Preliminary Draft Zoning Ordinance. This task will include revisions to the contents of the
administrative draft segments based on staff input,the creation of a detailed table of contents,
and the addition of graphics and illustrations where needed.
Graphics will be used throughout the updated Zoning Ordinance wherever they may assist
users in visualizing the meaning and applicability of development standards, or otherwise
improve understanding or ease of use. There is no pre-set limit on the number of graphics to
be incorporated into the updated Zoning Ordinance. The administrative provisions may
incorporate flowcharts and other graphics if staff and the consultant team determine that the
illustration of procedures would be helpful.
The team will assemble a complete electronic copy Preliminary Draft Zoning Ordinance and
forward to staff for review and comment.
PRODUCTS: Prelintinan�Draft Zonir►g Ordina�ice;electronic copy only
2.6 Screencheck Draft Zoning Ordinance. A Screencheck Draft Zoning Ordinance will be
prepared and provided to the City to verify that all requested changes to the Preluninary Draft
Zoning Ordinance have been properly completed,and that all final graphics are acceptable.
PRODUCTS: Screenclieck Draft Zoniiig Ordinn►ice;electronic copy oril�.
2.7 Public Review Draft Zoning Ordinance. A Public Review Draft Zoning Ordinance will be
prepared and provided to the City for review by the Planning Commission,City Council,and
the general public during the public review/hearing process.
PRODUCTS: Public ReUiew Drnft Zoning Ordirtance;electronic copy oril�.
City of Palm Desert-Zoning Ordinance Update April 2008
Page 5
Task 3- Public Review and Adoption
Subtasks:
3.1 City Council and Planning Commission joint workshop. The consultant will attend and
facilitate one jointly held public workshop with the City Council and Planning Commission to
review the draft document. If desired by the City,the consultant team will attend additional
workshops on a time and materials basis.
3.2 Planning Commission hearing. The consultant will attend and facilitate one public hearing
with the Planning Commission to review the draft document. If desired by the City, the
consultant team will attend additional hearings on a time and materials basis.
The hearing would be preceded by discussion with staff to work out respective
responsibilities, and review conclusions reached at the prior hearing, to the extent that
"debriefing" did not occur immediately after the preceding hearing or later via telephone.
During the hearing,the consultant will provide support for Commission and public review by
presenting the updated Zoning Ordinance in a fashion desired by the staff and the
Commission,being available to answer questions about proposed provisions,discuss possible
changes, and draft revised language in response to staff or Commission direction, for
consideration at the current or later hearings.
3.3 City Council hearing. The consultant will attend and facilitate one public hearing where the
City Council considers the adoption of the updated Zoning Ordinance. If desired by the City,
the consultant team will attend additional hearings on a time and materials basis.
As was the case with the Commission hearing,the consultant will provide support for Council
and public review by presenting the updated Zoning Ordinance in a fashion desired by the
staff and the Council,being available to answer questions about proposed provisions,discuss
possible changes, and draft revised language in response to staff or Council direction, for
consideration at the current or later hearings.
3.4 Screencheck Final Zoning Ordinance. A Screencheck Final Zoning Ordinance will be
prepared and provided to the City to verify that all Council directed changes to the Public
Review Draft Zoning Ordinance have been properly completed,and that all final graphics are
acceptable.
PRODUCTS: Scree�uheck Finnl Zoni�ig Ordinniue;electro►iic copy only
3.5 Final Zoning Ordinance. The consultant team will prepare a final version of the updated
Zoning Ordinance for delivery to the City for codification and publication.
PRODUCTS: Finnl Zoning Ordi►irt►ice; two cn►riern-read� copies for reproduction nnd nn
electronic copy in MS Word formnt(e.g.,digitnl disc co�n�)and n read-only(.pdfl
aersion. Graphics will be provided in bofh a reproducible Iinrd-cop�fornt and in m�
electro►iic formnt(e.g., digital disc copy).
City of Palm Desert-Zoning Ordinance Update April 2008
Page 6
OPTIONAL TASKS
1. CEQA compliance.
As an optional task, the consultant team will prepare and submit for staff review and comment an
Administrative Draft Initial Study Eor the updated Zoning Ordinance, in compliance with the California
Environmental Quality Act(CEQA)and adopted City guidelines. The appropriate environmental document
to be prepared after the Initial Study will be based on an assessment of potential environmental unpacts,
review of the Final Program E1R Eor the Palm Desert General Plan,and any supplemental analysis,findings,
and mitigation monitoring required by the provisions of the updated Zoning Ordinance. Based on the
consultants'past experience and the fact that the Zoning Ordinance provisions are fundamentally mitigaHon
measures themselves, the document will be either a Negative Declaration (ND) or Mitigated Negative
Declaration(MND),prepared in compliance with CEQA.
2. Public outreach preceding Task 3(Public Review and Adoption).
As an optional task, the consultant team will attend and facilitate one public outreach meeting with the
general public to present the draft updated Zoning Ordinance. During the meeting, the consultant will
present the updated Zoning Ordinance and then be available to answer questions raised by the audience
members.
3. On-Line Zoning Ordinance.
As an optional task,the consultant team will produce a complete,hypertext version of the updated Zoning
Ordinance for the City's World Wide Web home page,containing all text,charts,graphics,and illustrations
included in the printed document. The functional details of the On-Line Zoning Ordinance and the
appearance of its user interface will be worked out through discussions with City staff during the initial
project meetings;however,the following describes our suggested approach.
A user of the Zoning Ordinance website will find a scrollable hypertext table of contents showing titles of all
chapters. Any selection will jump to the applicable page. Each page is scrollable (pages larger than the
computer screen frame can be shifted up or down to allow viewing of all parts of the page). "Forward"and
"Back"buttons on the web browser software toolbar at the top of the screen will allow moving from page to
page.
Additional functions will allow: printing individual or groups of pages;saving one or more pages to a text
file; marking a page or section for future reference; and accessing a key word search of the entire Zoning
Ordinance.
The website Zoning Ordinance will be produced in two tasks. A"proof of concepY'version,consisting of the
user interface,search,and other facilities with a demonstration portion of the data,will be produced for City
staff review. A final,complete version of the website will be produced after City Council adoption of the final
document.
The consultant team will assist with the installation of a test version of the software in the Departrnent(or on
the consultant's website)and instruct City staff on its use. Based on City staff feedback from use of the test
version,the consultant team will prepare final versions of the software and conduct workshops for staff on
the installation and use of the system. The consultant team will remain available to answer City staff
City of Palm Desert-Zoning Ordinance Update April 2008
Page 7
questions and correct any problems with the software for a period of one year at no additional cost to the
City.
An excellent example of an on-line Zoning Ordinance that we just finished can be found at the following web
address: http://tiv�ti��ti•.ci.k�asadena.ca.us/zoning/inilc�x.html.
City of Palm Desert-Z.oning Ordinance Update April 2008
Page 8
Cost Estimate
Ho le-Ireland
Rssociate
Project Graphics Word
Princi al Mana er I Desi ner Processor Labor Subtotal
$150.00 5100.00 39Q.00 $65.00
Zonin Ordinance U date-Sco of Services
Task 1 -Sco Refinement and Initial Staff In ut
1.1 Initial Sco in Meetin 16 8 $ 3,200.00
1.2 Document Review and Zonin Ordinance Dia nosis 64 36 $ 13,200.00
1.3 Draft Format and Outline 16 8 4 $ 3.460.00
SUBTOT 96 52 0 4 � 19.860.00
Task 2-Zonin Ordinance U ate Pre aration
2.1 -Zonin District Provisions 80 32 16 $ 16,240.00
2.2-Administrative Provisions 80 12 8 $ 13,720.00
2.3-General Develo ment Standards 80 40 24 8 $ 18,680.00
2.4-S ific Use Standards 60 40 12 $ 13,780 00
2.5-Prelimina Draft Zonin Ordinance 80 40 24 16 $ 19.200.00
2.6-Screencheck Draft Zonin Ordinance 56 12 12 8 $ 11.200.00
2.7-Public Review Draft Zonin Ordinance 40 8 4 16 $ 8,200.00
SUBTOTAL 476 184 64 84 5 101,020.00
Task 3-Public Review and Ado tion
3.1 -Cit Council and Plannin Commission Joint Worksho 1 16 8 $ 3.200.00
3.2-Plannin Commission Hearin 1) 16 8 $ 3.200.00
3.3-Cit Council Hearin 1) 16 8 $ 3,200.00
3.4-Screencheck Final Zonin Ordinance 32 16 8 16 $ 8,160.00
3.5-Final Zonin Ordinance 12 8 8 $ 3,120.00
SUBTOTAL 92 48 8 24 � 20,880 00
Pro'ect Coordination $ 2.400 00
Reimbursables $ 5.500.00
TOTAL 664 284 72 112 $ 149,660.00
City of Palm Desert-Zoning Ordinance Update April 2008
Page 9
CONTRACT NO.
EXHIBIT B
SCHEDULE
NOTICE TO PROCEED DAY 0
Task 1 — Scope Refinement and Initial 60 DAYS FROM NTP
Staff Input
City Review of Task 1 30 DAYS
Task 2 —Zoning Ordinance Update 150 DAYS FROM RECEIPT OF CITY
Preparation COMMENTS REQARDING TASK1
City Review of Task 2 30 DAYS
Task 3 — Review and Adoption 60 DAYS FROM RECEIPT OF CITY
COMMENTS REGARDING TASK 2
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CONTRACT NO.
EXHIBIT C
HOURLY RATES
Principal $150.00
Associate Project Manager I $100.00
Graphics Designer $ 90.00
Word Processor $ 65.00
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