2009/03/08 Keith Gardner Planning services PROFESSIONAL SERVICES AGREEMENT
for planning services
THIS AGREEMENT for Professional Services ("Agreement") is made this
day oftDVIdJ 2009, ("Effective Date") by and between the CITY OF MENIFEE ("City")and
KEITH GARDNER("Planner") (together sometimes referred to the "Parties").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Planner shall provide to City the services described in the Scope of Work attached as Exhibit A,
and incorporated here. Such work shall be provided at the time and place and in the manner
specified in Exhibit A. In the event of a conflict in or inconsistency between the terms of this
Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date
and shall extend until terminated by either party upon 20 days prior written notice.
The term may be renewed annually upon the mutual agreement of the parties.
This Agreement may be terminated by either party, as provided for in Section 8.
1.2 Standard of Performance. Planner shall perform all services required pursuant
to this Agreement to the sole satisfaction of the Planning Director.
1.4 Time. Planner shall devote such time to the performance of services pursuant to
this Agreement as may be reasonably necessary to satisfy Planner's obligations
hereunder.
1.5 Authorization to Perform Services. The Planner is not authorized to perform
any services or incur any costs whatsoever under the terms of this Agreement
until receipt of authorization from the Contract Administrator.
Section 2. COMPENSATION. City hereby agrees to pay Planner an hourly amount of
$90/hour for services to be performed as well as reimbursable expenses incurred under this
Agreement. Reimbursable expenses shall include the cost of attendance at conferences Planner
is requested to attend to represent City, mileage for meetings outside the area of the City and so
forth. Planner shall submit invoices monthly showing the hours spent on the services performed
and reimbursable costs incurred prior to the invoice date. Invoices shall contain the name of the
project and file number, a task summary and the number of hours worked and cost thereof.
2.1 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Planner.
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2.7 Payment of Taxes. Planner is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Planner terminates this
Agreement pursuant to Section 8, the City shall compensate the Planner for all
outstanding costs and reimbursable expenses incurred for work satisfactorily
completed as of the date of written notice of termination. Planner shall maintain
adequate records in order to verify costs incurred to that date.
Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided, Planner
shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the
services required by this Agreement. City shall make available to Planner only physical facilities
such as desks, filing cabinets, and conference space, as may be reasonably necessary for
Planner's use while consulting with City employees and reviewing records and the information
in possession of the City. The location, quantity, and time of furnishing those facilities shall be
in the sole discretion of City.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this
Agreement, Planner, at its own cost and expense, shall procure the types and amounts of
insurance checked below and provide Certificates of Insurance, indicating that Planner has
obtained or currently maintains insurance that meets the requirements of this section and which
is satisfactory, in all respects, to the City. Planner shall maintain the insurance policies required
by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Planner's compensation. Verification of the required insurance shall be submitted
and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Planner shall provide City with a certificate stating
that he is self-employed and has no employees. The City and its officers, officials,
employees, and authorized volunteers for loss arising from work performed under
this Agreement.
4.2 Automobile Liability Insurance.
4.2.1 General requirements. Planner, at his own cost and expense, shall
maintain automobile liability insurance for the term of this Agreement in
an amount not less than Three Hundred Thousand Dollars ($300,000) per
occurrence, combined single limit coverage, for risks associated with the
work contemplated by this Agreement. Such coverage shall include but
shall not be limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to
property resulting from activities contemplated under this Agreement,
including the use of owned and non-owned automobiles...
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4.4.7 Variation. The City Manager may approve in writing a variation in the
foregoing insurance requirements, upon a determination that the coverage,
scope, limits, and forms of such insurance are either not commercially
available, or that the City's interests are otherwise fully protected.
Section 6. STATUS OF PLANNER.
6.1 Independent Contractor. At all times during the term of this Agreement,
Planner shall be an independent contractor and shall not be an employee of City.
City shall have the right to control Planner only insofar as the results of Planner's
services rendered pursuant to this Agreement and assignment of personnel
pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to
control the means by which Planner accomplishes services rendered pursuant to
this Agreement. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Planner shall not qualify for or
become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public
Employees Retirement System (PERS) as an employee of City and entitlement to
any contribution to be paid by City for employer contributions and/or employee
contributions for PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
agreement.
7.2 Compliance with Applicable Laws Planner shall comply with all applicable
local, state and federal laws and regulations applicable to the performance of the
work hereunder.
7.3.1 Licenses and Permits. Planner represents and warrants to City that
Planner has all licenses, permits, qualifications, and approvals of
whatsoever nature that is legally required to practice their respective
professions. Planner represents and warrants to City that Planner shall, at
his sole cost and expense, keep in effect at all times during the term or this
Agreement any licenses, permits, and approvals that are legally required to
practice their respective professions. In addition to the foregoing, Planner
shall obtain and maintain during the term of this Agreement valid
Business Licenses from City.
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Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City or Planner may terminate this Agreement at any time and
without cause upon 20 days prior written notification to the other party. In the
event of termination, Planner shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition
payment of such compensation upon Planner delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other
materials provided to Planner or prepared by or for Planner or the City in
connection with this Agreement.
8.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
8.4 AssiEnment and Subcontracting. Planner recognize and agree that this
Agreement contemplates personal performance by Planner and is based upon a
determination of Planner 's unique personal competence, experience, and
specialized personal knowledge. Moreover, a substantial inducement to City for
entering into this Agreement was and is the professional reputation and
competence of Planner . Planner may not assign this Agreement or any interest
therein without the prior written approval of the Contract Administrator. Planner
shall not subcontract any portion of the performance contemplated and provided
for herein.
8.5 Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between City and Planner
shall survive the termination of this Agreement.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Planner 's Performance All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies,
specifications, records, files, or any other documents or materials, in electronic or
any other form that Planner prepares or obtains pursuant to this Agreement and
that relate to the matters covered hereunder shall be the property of the City.
Planner hereby agrees to deliver those documents to the City upon termination of
the Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to
this Agreement are prepared specifically for the City and are not necessarily
suitable for any future or other use. City and Planner agree that, until final
approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent
of both parties unless required by law.
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9.2 Planner 's Books and Records. Planner shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or relating to charges for services or expenditures and
disbursements charged to the City under this Agreement for a minimum of three
(3) years, or for any longer period required by law, from the date of final payment
to the Planner to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of
this Agreement requires Planner to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon
oral or written request of, the City. Under California Government Code Section
8546.7, if the amount of public funds expended under this Agreement exceeds
Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any
audit of the City, for a period of three (3) years after final payment under the
Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in
addition to any other relief to which that party may be entitled. The court may set
such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in
Riverside County.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
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10.7 City Contract Administration. This Agreement shall be administered by the
City Manager and Planning Director. All correspondence shall be directed to or
through the City Manager.
10.8 Notices. Any written notice to Planner shall be sent to:
Keith Gardner
6149 Bluff vood Drive
Riverside, CA 92506
Any written notice to City shall be sent to the City Manager at the City's address.
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits a and B, represents the entire and integrated
agreement between City and Planner and supersedes all prior negotiations,
representations, or agreements, either written or oral.
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be an original and all of which together shall constitute one
agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY W MENIFEE PLANNER
George . Wentz City anager keith Gardner
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c
L
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Keefer
6149 Bluffwood Drive•Riverside , CA 92506 •Tel/Fax 951-682-2876 • Cell 951-533-2934
March 11, 2009
George Wentz
City Manager
City of Menifee
29683 New Hub Drive, Ste. C
Menifee, CA 92506
Subject: Employee Statement
Dear Mr. Wentz:
I, Keith Gardner, owner of Keefer Consulting, do hereby vouch that there are no workers
employed by Keefer Consulting, other than myself.
Sincerely,
<signed electronically>
Keith Gardner
FEB a Z 9
Keefer a
U BY:
6149 Bluffwood Drive•Riverside, CA 92506 •Tel/Fax 951-682-2876 •Cell 951-533-2934
February 3, 2009
Mr. George Wentz, City Manager
City of Menifee
29683 New Hub Drive, Ste. C
Menifee, CA 92586
Subject: Amended Proposal for Planning Services
On January 9, 2009, a proposal was sent to you from Keith Gardner, before Keefer
Consulting was formulated. In light of the current economic climate, this company has
modified its propsal to Winzler and Kelly and the City of Menifee. The text of the old
proposal that has been stricken is in strikeout, and the new text is in italics. I hope that
this modified proposal fits more appropriately within the City's goals and budget.
I propose to work ^ ^,. . )f 16 h9UFs ^ week on an as-needed basis, providing such
planning services that are needed for the City of Menifee. Additional hquFs may be
negotiated, as needed, on a week by . The hourly rate for my services will
be $4-50 100 / hour, billable at the end of each month, with payment due by the4-e--Gf
the following month within 30 days of issuance. It would be anticipated that the first bills
sent to the City would be at the end of FebFuar-y March, with payment due by MaFoh 15 t
In order to best facilitate this service, I initially propose that I supply my own work space,
equipment and supplies in my home until such time as is convenient for the City that a
more permanent work space is provided within City Hall. However, during any work
times mutually agreed upon between the City and myself, I will make myself available to
work in any location convenient to the City.
Because of my qualifications previously provided to the City in my resume, I feel that the
City of Menifee would greatly benefit from my experience. These benefits would include
a strong familiarity with innumerable County regulations, ordinances, and procedures.
Additionally, there would be little or no training, except direction from time to time as
needed.
Attached to this letter is an INITIAL SCOPE OF SERVICES. Any additional services
provided to the City will be agreed upon prior to the start of work.
Any additional documentation that the City would need to satisfy a contract will be
provided upon request. If this proposal is acceptable to you, please sign and return to
my attention. I am available at your convenience to discuss any details of this proposal.
Sincerely,
Keith Gardner
The above terms have been agreed to and accepted by:
George Wentz, City Manager
INITIAL SCOPE OF SERVICES
Keefer Consulting understands that the following planning services are needed and
desired by the City of Menifee (City). Therefore, I am pleased to propose the following
list of services to the City via a sub-consultant agreement with Winzler and Kelly, or
some other mutually acceptable arrangement. I feel that I can offer the planning services
necessary in a timeframe convenient for the City, and agreed upon prior to the start of
work. This is not meant to be an all-inclusive list, but only representative of my
understanding of the current and initial needs of the City.
Front Counter Projects:
• Develop relevant application forms for each of the various application types
(subdivisions, use permits, etc).
• Field any public information questions with regards to the development process
in general.
Current Planning Projects:
• Developer application reviews (as needed)
• Attend meetings with Developer's engineers or representatives
• Present any projects to the City Council and City Planning Commission (once
established)
• Become the prime contact for members of the general public, developers, and
potential developers with regards to current planning projects and applications
• Interact with the County of Riverside on development projects in process with the
County Planning Department, but not yet ready for public hearing.
• Develop current planning processing procedures
Advanced Planning Projects:
• Develop user-friendly and relevant Development Codes, which would include
zoning and subdivision regulations.
• Develop relevant standard conditions of development for projects proposed
within the City.
• Conduct any relevant research into any development projects that have County
approvals, but not yet constructed.
• Conduct any relevant research into restrictions on development within the City,
whether natural or man-made.
• Conduct any relevant research into existing CC&R's that exist within the City,
and any impacts they may have on the City.
• Preparing and organizing the efforts for the City to initiate its General Plan.
Kathy Bennett
From: Keith Gardner[keefergard@sbcglobal.net]
Sent: Wednesday, January 13, 2010 4:35 PM
To: Kathy Bennett
Subject: Fw: Contract
Attachments: Menifee- Gardner Agreement.doc
Keith Gardner Keefer Consulting (951) 533-2934
----- Forwarded Message ----
From: "gwentz@cityofinenifee.us" <gwentz@cityofinenifee.us>
To: keefergard@sbcglobal.net
Sent: Sat, March 7, 2009 3:18:44 PM
Subject: Contract
Keith:
Sorry this took a bit longer than expected. Attached is a draft agreement for your consideration. Please
review and let me know if you have any comments. I apologize for one item I confused when I was
speaking with you. The hourly rate I would propose to move forward with is $90 not $95 as I believe I
stated when I called. I trust that is acceptable. If not, we can talk but I am trying to be consistent. As I
said, I expect the hours to be at least 2 days per week until you can give us more.
I look forward to the opportunity of working together and the prospect of your joining the team.
Please call me after you have have a chance to review.
George
Best Regards,
George A. Wentz
City Manager
City of Menifee
29683 New Hub Dr, Suite C
Menifee, CA 92586
Tele: 951-672-6777
FAX: 951-679-3 843
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