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Home My WebLink AboutC28280 Westfield Shoppingtown PD ExpansionREQUEST: SUBMITTED BY: CONTRACTOR: DATE: CONTENTS: Recommendation: gm CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT APPROVE CONTRACT NO. C28280 , A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $24,000 WITH STEPHEN R. SMITH, FOR CONSULTANT SERVICES ON THE WESTFIELD SHOPPINGTOWN PALM DESERT EXPANSION MISSY GRISA STEPHEN R. SMITH 567 N. CAMINO REAL PALM SPRINGS, CA 92261 23 OCTOBER 2008 CONTRACT NO. C28280 By Minute Motion, that the City Council: 1. Approve a professional services agreement with Stephen R. Smith in the amount of $24,000 for professional planning services in order to expedite the Westfield Shoppingtown Palm Desert Expansion. 2. Approve the appropriation of $24,000 from unobligated funds to account no. 110-4470-412-3090, and increase estimated general fund revenues in the amount of $24,000. Executive Summary: Approval of the staff recommendation will approve a contract to retain Stephen R. Smith as a principal planner. These services will provide added support to expedite the processing of plans regarding the Westfield Expansion project. Westfield has agreed to reimburse the City for the cost of the agreement, so that the estimated general fund revenue is being increased accordingly. Staff Report — Westfield / Stephen R. Smith Agreement 23 October 2008 Page 2 of 2 Discussion: On June 19, 2008, the City Council, Redevelopment Agency and Housing Authority developed three-year strategic goals. One of those goals was to plan, finance, and commence construction of the Westfield Expansion Phase II project. Staff has drafted a professional services agreement with Stephen R. Smith to provide services as a principal planner on the Westfield Shoppingtown Expansion project. Staff recommends approval of this contract and believes these services will streamline the plan submittal and review period. The costs of these contract planning services will be reimbursed by the applicant. Staff recommends approval of this agreement to allow the Westfield Shoppingtown Palm Desert Expansion project to proceed in an expedited manner. Submitted by: Missy Grisa Assistant Planner Approva Homer Croy ACM for Dev lopr%ent Services Carlos L. 0 City Manager Department Head: Lauri Aylaian Director of Community Development Paul S. Gibson Director of Finance IITY COUNCIL ACTION: APPROVED DENIED t/ DECEIVED OTHER .. T I AYES: WOE S : nl r< 7, p BBSENT: ATJP ABSTAIN: nl ZYJe_ VERIFIED BY: j;-'LIU ,'?riginal on File with City Clerk's 0ffirE G:\Planning\Missy Grisa\Westfield\Professional Services - Steve Smith- appropriation.doc Contract No. C28280 CITY OF PALM DESERT Agreement For Professionai Services Principal Planner, Westfield Mall Expansion Project This agreement is made and entered into this 3rd day of October, 2008, by and between the City of Palm Desert, a public corporation, hereinafter called "City" and Stephen R. Smith, hereinafter called "Smith", both of whom understand the following: I. RECITALS Whereas, City desires to retain the professional services of Smith on a part-time basis to serve as Principal Planner for the Westfield Mall expansion project and estabtish the terms and conditions of his employment, and Whereas, Smith has extensive experience in the area of community development having served in that field over a period of 25 years. Whereas, Smith agrees to perform professional services as Principal Planner on an as-needed basis under the terms and conditions of this Agreement as set forth hereinafter. Now, therefore, City and Smith mutually agree as follow: II. AGREEMENT A. Retention of Smith 1. City agrees to retain Smith upon occasion as Principal Planner to perform the duties of the position to the best of his ability and in an efficient and competent manner. Smith shall determine the method, details and means of performing such services under the direction of the Director of Community Development. 2. City shall provide to Smith the occasional use of an office, clerical support, computer, materials and supplies in the performance of his duties for the City of Palm Desert. 1 Contract No. c28280 B. Term The term of this Agreement shall commence on 15, October 2008 and continue on an as-needed basis until 31, December 2007, unless terminated by either party pursuant to Section D. This Agreement may be extended for up to two additional three-month periods of time by mutual consent of both parties hereto. C. Compensation City shall pay to Smith for his services rendered pursuant hereto $150.00 per hour, not to exceed a total of $24,000.00. Smith shall be reimbursed all sums necessarily incurred or paid in performance of his duties. Smith shall not be entitled to any benefits or compensation other than specifically set forth herein. D. Termination Smith may be terminated by the City at any time with a thirty (30) day notice for any reason, with or without cause, during the term of this Agreement. Smith may terminate this Agreement upon the giving of a thirty (30) day notice to City. In the event of such termination, Smith shall receive compensation at rate set forth above for time of performance. E. Indemnification City agrees that Smith shall be considered an employee of the City for the purposes of the application of Government Code Section 825, 995, 995.2 and 995.4. City agrees to defend and indemnify Smith as provided for in those sections. F. Conflicts of Interest Smith covenants that Smith has no interest, nor shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of Smith's services hereunder. G. Breach of Contract Nothing herein shall be deemed to excuse a breach by Smith of any provision of this Agreement, or to provide to Smith any compensation or remedy other than termination of this Agreement should such breach by Smith occur. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the employment of Smith by the City and contains all of the covenants and 2 Contract No. c2828o agreements between the parties with respect to that employment in any manner whatsoever. Each party to this Agreement acknowledges that no representation, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party. Any modification of this Agreement will be effective only if it is in writing and signed by the parties. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Smith without the prior written consent of the City. IN WITNESS WHEREOF, the City of Palm Desert has caused this Agreement to be signed and executed on its behalf by its City Manager duly attested by its City Clerk, and Smith has signed and executed this Agreement, and the City Attorney has approved this Agreement the day and year indicated below. Dated: CITY OF PALM DESERT Jean M. Benson, Mayor Dated: Stephen R. Smith Attest: Dated: Rachelle A. Klassen City Clerk Approved as to Form: Dated: City Attorney 3 , �� •--� �'',.�� i�� '�� ';,' S�i� 12 2008 ;OMMUN''!: �3 ��',`` , �'TMENT Stephen R. Smith ct��r oF�nr.r�nFSER� 567 N. Camino Rea1 Palm Springs, CA 92261 September 8, 2008 Lauri Alayian, Director of Community Development 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Consulting Services Deaz Lauri, "Tha.nk you for your interest in retaining me to provide professional planning services for the City of Palm Desert,regazding the Westfield Shoppingtown expansion project. I charge by the hour, at a ra.te of$150.00 per hour, and propose that the contract provide for a maximum of 160 hours. Please contact me if this is acceptable to you. I look forward to"coming back to work"on the Westfield Shoppingtown expansion. Yours truly, � ' Stephen R. Smith