2009/05/13 John Meyer Community Development planning services CONSULTANT SERVICES AGREEMENT
FOR
COMMUNITY DEVELOPMENT RELATED
CONSULTANT SERVICES
This Agreement is made on the 13" day of May, 2009, by and between the City of Menifee a
Municipal Corporation("CITY"),and John Meyer,hereinafter referred to as Consultant,who agree
as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall
provide professional consulting services for Community Development services including but
not limited to: planning development review and policy development, the development of
projects and programs to support the revitalization of the community
2. Payment. City shall pay Consultant for services rendered under this Agreement.Consultant
shall be paid at the hourly rate of$90. Consultant shall submit monthly billings to City
describing the work performed during the preceding month. Consultant's bills shall include
a brief description of the services performed, the date the services were performed, the
number of hours spent,and a description of any reimbursable expenditure,which is justified
by receipts and/or invoices. City shall pay Consultant no later than thirty (30) days after
approval of the monthly invoice by City Staff.
3. Indemnification. Consultant shall indemnify,hold harmless,and defend City,its officers,
officials,directors,employees,agents and volunteers from and against all claims,damages,
losses and expenses, including reasonable attorney fees and court costs, arising out of the
performance of the work described herein,caused in whole or in part by any negligent act or
omission of the Consultant,any subcontractor,anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable, except where caused by the
active negligence, sole negligence or willful misconduct of City.
4. Conflict of Interest. Consultant shall not enter into any contract or Agreement during the
performance of this Agreement that will create a conflict of interest with its duties to City
under this Agreement.
5. Independent Contractor. At all times during the term of this Agreement,Consultant shall
be an independent contractor and shall not be an employee of City.
6. Licenses,Permits,Etc. Consultant represents and warrants to City that he shall,at his sole
cost and expense,keep in effect at all times during the term of this Agreement any licenses,
permits,and approvals which are legally required for Consultant to practice his profession.
7. Standard of Performance. Consultant shall perform all services required pursuant to this
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Agreement in a manner and according to the standards observed by a competent practitioner
of the profession in which Consultant is engaged. All products and services of any nature
that Consultant provides to City pursuant to this Agreement shall conform to the standards of
quality normally observed by licensed, competent professionals practicing in Consultant's
profession.
Further,Consultant recognizes that City relies on Consultant's expertise in the preparation of
recommendations for the project encompassed by this Agreement.
8. Consultant Not Agent. Except as City may authorize in writing,Consultant shall have no
authority,express or implied to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority,express or implied,pursuant to this Agreement,to bind
City to any obligation whatsoever.
9. Term of Agreement; Termination by City. This Agreement may be terminated without
cause by either party upon 30 days prior notice of such termination of one party to the other.
Notwithstanding, should City, at any time, become dissatisfied with Consultant's
performance under this Agreement,it may terminate the Agreement immediately upon giving
notice to Consultant. In the event of such a termination,Consultant shall be compensated for
all reasonably satisfactory work completed at the time of termination.
10. Cooperation by City. City shall, to the extent reasonable and practicable, assist and
cooperate with Consultant in the performance of Consultant's services hereunder
11. Assignment Prohibited. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or
obligation pursuant to this Agreement shall be void and of no effect.
12. Ownership of Work Product. It is understood by and agreed between the parties that all
documents,records,drawings,designs,specifications,computer programs,written materials,
notes, plans and other materials produced or prepared by Consultant pursuant to this
Agreement shall become, and are the property of City, and shall be signed, stamped and
delivered to City immediately upon completion of the services provided for herein,or upon
termination of this Agreement.
13. Disputed Work. In any case where the Consultant deems extra compensation is due for
work or services not clearly covered in this Agreement,or not ordered in writing by the City
as extra services,the Consultant shall immediately notify the City in writing of its intention
to make claim for such extra compensation before the Consultant begins the work on which
the Consultant bases the claim. If such notification is not given, and/or if the City is not
afforded an opportunity to negotiate the appropriate fee for such extra services, the
Consultant is deemed to have agreed to waive the claim for such extra compensation.
14. Such notice by the Consultant to the City shall not in any way be construed as proving the
validity of the claim. The claim must be approved, in writing,by the City.
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15. Notices. All notices pursuant to this Agreement shall be in writing and e-mailed or mailed,
postage prepaid, first class mail or personally delivered as follows:
If to City: City of Menifee
29714 Haun Drive
Menifee, CA 92586
If to Consultant: John Meyer
41999 Altanos Road
Temecula, CA 92592
951 541 7704
15. Integration Clause. This Agreement constitutes the entire Agreement of the parties and
may not be amended, except in a writing signed by both parties.
16. Severability Clause. Should any provision of this Agreement ever be deemed legally void
or unenforceable, all remaining provisions shall survive and be enforceable.
17. Law Governing. This Agreement shall in all respects be governed by the law of the State of
California.
18. Miscellaneous: No waiver of any term or condition of this Agreement shall be a continuing
waiver thereof. The Agreement may be amended only in writing, signed by both parties.
IN WITNESS WHEREOF,the parties hav xecuted this Agreement the day ear first
above written.
Nj
City of Me�i* ee
r'
John Meyer
Consultant
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JOHN R. MEYER
SUMMARY A Community Development Professional with 25 years of
increasingly responsible experience in Redevelopment,Housing and
Community Development.
Strengths include:
* Development of Special Projects
* Large Scale Project Management
* Housing and Redevelopment
* Inter-Departmental Relations
* Community Relations
ACHIEVEMENTS Project Manager for Old Town Temecula's Streetscape Improvement
Helen Putnam Award for Private Public Partnerships
Successfully negotiated fourteen Disposition and Development
Agreements,Owner Participation Agreements,Exclusive Negotiating
Agreements and License Agreements
Successfully negotiated and implemented numerous affordable
housing projects that resulted in the development and preservation of
over 400 affordable housing units
Project Manager for Old Town Temecula Community Theater
EXPERIENCE Director of Housing and Redevelopment(2000)and Housing and
Redevelopment Manager(1997)
City of Temecula, California. July 1997 to March 2009. Directed
the day to day operation of the Temecula Redevelopment Agency.
Oversaw capital improvement projects, Old Town revitalization
programs and operating programs for the development,preservation
and rehabilitation of affordable housing. Projects include The Old
Town Community Theater, the Children's Museum, the Old Town
Streetscape Improvement Project,and the development and rehab of
over 400 affordable housing units.
JOHN R. MEYER
Senior Planner
City of Temecula, California. August 1991 to July 97. Supervised
Advance Planning and Current Planning Divisions. Responsible for
adoption of City's first General Plan and Development Code and
related
implementation programs. Oversaw City's participation in various
regional programs and issues. Supervised Consultants work on
various city ordinances.
Associate Planner/Economic Development Analyst
City of Morgan Hill, California. June 1986 to August 1991.
Managed economic development projects including economic
development brochure, downtown parking facilities, historical
preservation and site analysis for future auto mall. Supervised and
managed routine and complex proposals of site and architectural
review, tentative subdivision maps, conditional use permits and
variances. Routinely prepared written reports, environmental
assessments and made presentations before various Boards and
Commissions. Researched and wrote various City Ordinances
including Architectural Design Guidelines and Water Conservation
Handbook.
Assistant Planner
City of Rancho Cucamonga, California. July 1984 to June 1986.
Processed site, architectural and landscape plans and environmental
review of projects. Prepared staff reports and made presentations
before Committees and Commissions.
CALIFORNIA Published,"Redevelopment Building Better Communities"
REDEVELOPMENT December 2007
ASSOCIATION
California Communities with Huell Howser Episode 3
http://www.cityoftemecula.org/Temecula/OldTown/califomiascomm
uni
ies.htm