2008/10/30 Cornerstone Management, Inc. Contract Planner ServicesAGREEMENT BETWEEN THE CITY OF MENIFEE AND
CORNERSTONE MANAGEMENT, INC. FOR
CONTRACT PLANNER SERVICES
This contract is dated for identification this 30th day of October, 2008, and is
made by and between the CITY OF MENIFEE, a California general law city and
municipal corporation, whose address is 29714 Haun Road, Menifee, California, 92584
(hereinafter "CITY"), and CORNERSTONE MANAGEMENT, INC., whose address is 14
Monarch Bay Plaza, #289, Dana Point, California 92629-3424 (hereinafter
"CONSULTANT").
RECITALS
A. CITY desires to retain the services of CONSULTANT to provide planning
services.
B. CONSULTANT is a qualified professional capable of providing the certain
professional services, which CITY seeks.
NOW, THEREFORE, in consideration of the recitals and mutual promises
contained herein, CITY does hereby engage CONSULTANT, and CONSULTANT
agrees, to perform the services set forth herein in accordance with the following terms
and conditions:
1. Description of Services. CONSULTANT shall provide professional city
planning services to the Planning Division and other Menifee city departments, as set
forth in Exhibit "A", Scope of Services, attached and incorporated herein.
2. Schedule and Term. CONSULTANT shall commence work under this
contract on October 30, 2008, and shall complete all work under this contract no later
than June 30, 2009.
3. Compensation. Total compensation to CONSULTANT shall be fully
funded by planning application fees collected from applicants and shall be billed and
paid at the rate of Ninety-five Dollars ($95.00) per hour for actual time worked.
4. Payment Schedule. CITY shall make periodic payments within thirty
(30) days of receiving and approving a billing statement in proportion to the
satisfactory completion of CONSULTANT's services.
5. Reliance Upon Professional Skill. It is mutually agreed by the parties
that CITY is relying upon the professional skill of CONSULTANT, and CONSULTANT
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represents to CITY that its work shall conform to generally recognized professional
standards in the industry. Acceptance of CONSULTANT's work by CITY does not
operate as a release of CONSULTANT's said representation.
6. Independent Contractor. It is agreed that CONSULTANT is an
independent contractor, and all persons working for or under the direction of
CONSULTANT are CONSULTANT's agents, servants and employees, and said persons
shall not be deemed agents, servants or employees of CITY.
7. Insurance.
a. Commercial General Liability/Automobile Liability Insurance:
CONSULTANT shall obtain and maintain Commercial General
Liability insurance and Automobile Liability insurance in the amount of One Million
Dollars ($1,000,000) per occurrence. If a general aggregate limit is used, either the
general aggregate limit shall apply separately to this contract or the general aggregate
limit shall be twice the required occurrence limit. CONSULTANT's insurance coverage
shall be written on an occurrence basis.
b. Workers' Compensation Insurance:
CONSULTANT is an individual or a company that has entered, or
will be entering, into an agreement with CITY to provide goods or services.
CONSULTANT is familiar with the Workers' Compensation laws
of California (generally contained in Section 3700 of the Labor Code), including those
provisions, which provide for specific exemptions from the requirement that all
employers must carry Workers' Compensation insurance, and CONSULTANT
maintains they are exempted under the law from the requirement to maintain Workers'
Compensation insurance coverage.
In addition, during the term of any work for CITY under said
agreement: (1) CONSULTANT will not employ any person in any manner so as to
become subject to the Workers' Compensation laws of California, or (2) should
CONSULTANT become subject to the Workers' Compensation provisions of
Section 3700 of the Labor Code for any reason, CONSULTANT shall forthwith comply
with those provisions and send evidence of financial compliance to CITY.
C. Acceptability of Insurers: Insurance is to be placed with insurers
with a current Best Rating of A:VII unless otherwise acceptable to CITY.
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d. Verification of Coverage: Insurance, deductibles or self-insurance
retentions shall be subject to CITY's approval. Original Certificates of Insurance with
endorsements shall be received and approved by CITY before work commences, and
insurance must be in effect for the duration of the contract. The absence of insurance or
a reduction of stated limits shall cause all work on the project to cease. Any delays shall
not increase costs to CITY or increase the duration of the.project.
e. Other Insurance Provisions:
(1) The City of MENIFEE, its officers, officials, employees and
volunteers are to be covered as additional insured by Endorsement CG 20 10 1185 for
Commercial General and Automobile Liability coverage.
(2) For any claims related to this project, CONSULTANT's
insurance coverage shall be primary and any insurance or self-insurance maintained by
CITY, its officers, officials, employees and volunteers shall not contribute to it.
(3) Each insurance policy required shall be endorsed that a
thirty (30) day notice be given to CITY in the event of cancellation or modification to the
stipulated insurance coverage.
(4) In the event CONSULTANT employs subcontractors as part
of the work covered by this Agreement, it shall be the responsibility of CONSULTANT
to ensure that all subcontractors comply with the same insurance requirements that are
stated in this Agreement.
(5) Approval of the insurance by CITY or acceptance of the
Certificate of Insurance by CITY shall not relieve or decrease the extent to which
CONSULTANT may be held responsible for payment of damages resulting from
CONSULTANT's services or operation pursuant to this Agreement, nor shall it be
deemed a waiver of CITY's rights to insurance coverage hereunder.
(6) If, for any reason, CONSULTANT fails to maintain
insurance coverage that is required pursuant to this contract, the same shall be deemed
a material breach of contract. CITY, at its sole option, may terminate this contract and
obtain damages from CONSULTANT resulting from said breach. Alternately, CITY
may purchase such required insurance coverage, and without further notice to
CONSULTANT, CITY may deduct from sums due to CONSULTANT any premium
costs advanced by CITY for such insurance.
8. Hold Harmless. CONSULTANT shall defend, indemnify and hold CITY,
its officers, employees and agents harmless from any liability for damage or claims of
same, including but not limited to personal injury, property damage and death, which
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may arise from CONSULTANT or CONSULTANT's contractors, subcontractors, agents
or employees' operations under this Agreement. CITY shall cooperate reasonably in the
defense of any action, and CONSULTANT shall employ competent counsel, reasonably
acceptable to the City Attorney.
9. Applicable Laws and Attorneys' Fees. This Agreement shall be
construed and enforced pursuant to the laws of the State of California. Should any legal
action be brought by a party for breach of this Agreement or to enforce any provision
herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees,
court costs, and such other costs as may be fixed by the court. Reasonable attorneys'
fees of the City Attorney's Office, if private counsel is not used, shall be based on
comparable fees of private attorneys practicing in Riverside County.
10. Nondiscrimination. CONSULTANT shall afford equal employment
opportunities for all persons without discrimination because of race, color, religion, sex,
sexual orientation, political affiliation, national origin, ancestry, age, marital status, or
physical or mental disability.
11. Amendment. This Agreement may be amended in writing and signed by
both parties.
12. Termination by CITY. CITY may terminate this Agreement at any time
by providing ten (10) days advance written notice to CONSULTANT. Should CITY
terminate pursuant to said notice, CITY shall pay CONSULTANT for CONSULTANT 's
services rendered to the date of cancellation based on percentage of completion of scope
of basic services, including actual reimbursable expenses. In no event shall said fees
exceed the maximum compensation established in this Agreement.
13. Termination by CONSULTANT. CONSULTANT may terminate this
Agreement at any time by providing thirty (30) days advance written notice to CITY.
Should CONSULTANT terminate pursuant to said notice, CONSULTANT shall
provide CITY with all work products to the date of cancellation.
14. Attachments or Exhibits. Except as expressly referenced herein, no
portion of any terms or conditions included in any attachments or exhibits shall be a
part of this Agreement, and they shall have no force or effect. If the attachments or
exhibits to this Agreement, if any, are inconsistent with this Agreement, this Agreement
shall control.
15. Entire Agreement. This Agreement contains the entire understanding
between the parties with respect to the subject matter herein. There are no representa-
tions, agreements or understandings (whether oral or written) between or among the
parties relating to the subject matter of this Agreement, which are not fully expressed
M,S
herein. No waiver of any terms or conditions of this Agreement shall be a continuing
waiver thereof.
16. Records. All records generated by CONSULTANT shall be and remain
the property of CITY.
17. Notices. Any notice required to be given to CONSULTANT shall be
deemed to be duly and properly given if mailed to CONSULTANT, postage prepaid,
addressed to:
Nancy M. Hutar
Cornerstone Management, Inc
14 Monarch Bay Plaza, #289
Dana Point, California 92629-3424
or personally delivered to CONSULTANT at such address or at such other addresses as
CONSULTANT may designate in writing to CITY.
Any notice required to be given CITY shall be deemed to be duly and properly
given if mailed to CITY, postage prepaid, addressed to:
Carmen Cave
Interim Community Development Director
City of Menifee
29714 Haun Road
Menifee, California 92584
or personally delivered to CITY at such address or at such other addresses as CITY may
designate in writing to CONSULTANT.
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IN WITNESS WHEREOF, this Agreement is executed by CITY and by
CONSULTANT.
APPROVED AS TO FORM:
"CITY":
CITY OF MENIFEE,
a California general law city and
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"CONSULTANT":
CORNERSTONE MANAGEMENT, INC.
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Taxpayer I.D. Number
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EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT shall provide a scope of services, as directed by CITY, that shall
include, but shall not be limited to, the following:
1. Long range and current planning project management and facilitation;
2. Development application and entitlement processing;
3. General Plan, specific plan, zoning code, etc. adoption and amendment processing;
4. Preparation of staff reports and workload reports;
5. Presentations before boards, commissions, city councils, neighborhood groups, and
the like;
6. Issues and design analysis for residential, commercial and industrial developments;
7. Preparation of environmental documentation;
8. General project management;
9. Attendance at related in-house and public meetings;
10. Preparation of requests for proposals for City projects;
11. Processing of special City studies;
12. Service on any special study teams for City analysis or projects;
13. Facilitation of public workshops; and
14.Other typical planning division work as assigned.
Agreement between the City of Menifee and Cornerstone Management, Inc. for Contract Planner Services
(October 30, 2008)
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