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HomeMy WebLinkAbout040615_ca08Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Carl Smith, Community Development Director6; DATE: April 6, 2015 SUBJECT: Contract for Planning Consulting Services ATTACHMENT: Proposed contract for planning consulting services STATEMENT OF ISSUE: The Department of Community Development (DCD) has a need for additional assistance for processing land use permit applications. Former DCD Associate Planner Michelle Farfan has agreed to work for DCD for a limited time under a contract arrangement. This contract would be for approximately 4 -5 months at approximately 15 hours per week. Having such services is expected to help DCD issue permits faster. ANALYSIS: DCD has a significant backlog of permit applications, creating high caseloads for each planner and consequential delays in issuing permits. As of early March of this year, there were a total of 272 open cases, with 59 waiting on DCD or Environmental Health for processing. 16 of these cases are over 120 days old. The backlog contributes to long permit times, dissatisfaction by the public with DCD's customer service and increased stress on staff. This contract is one of several steps the Community Development staff plans on taking to ease the backlog, including: (1) fill current vacancies at assistant planner and planning manager positions; (2) hire a "clerk hire" receptionist for up to 800 hours this year to take most reception duty so that the current receptionist can perform planning clerk duties, thereby freeing more time of planners to devote to case review; (3) potentially hiring an additional term - limited planner, depending on the cost and availability of such resources. A proposed contract for planning consultant services with Michelle Farfan is included with this memo. The contract has been reviewed and approved as to form by the County's Chief Deputy Prosecuting Attorney. FISCAL IMPACT /COST- BENEFIT ANALYSIS: The contract amount is $20,000., and is to be paid for by a combination of DCD and General Fund monies. Consent Agenda Approve the contract with provided with this agenda request. REVIEWED BY: Ip Morey, ounty Admin" rator Date G:( PLANNING 1Employment%ContractorsW R- consultant services of M Farfan 330- 15.docx PROFESSIONAL SERVICES AGREEMENT FOR A LAND USE PLANNING CONSULTANT Between JEFFERSON COUNTY and MICHELLE FARFAN THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County ", and Michelle Farfan, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. For good and valuable consideration bargained for and exchanged by the parties to this Agreement the parties agree as follows: Entire Agreement.. The Consultant is retained by the County, on behalf of Community Development. The Consultant will comply with all terms and conditions outlined herein. Scope of Services and Project Designation. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. Time for Performance. Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "A ". 4. moment. The Consultant shall be paid by the County for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be invoiced at the rate of $60.00/hour from April 1, 2015 to December 31, 2015. Total amount of payment to Consultant shall not exceed $20,000 without express written modification of the agreement signed by the County. b. The consultant may submit invoices to the County once per month for work completed to date. Such invoices will identify the project or application worked on by parcel number, permit number or MLA number (only one of these three need be included), the hours work on each project, and shall briefly describe what was work was performed. The invoices will be checked by the County for completeness, and upon approval thereof, payment will be made to the Consultant in the amount approved. To insure prompt payment, invoices must be received by the 5`" (close of business day) of the month. CONSULTANT AGREEMENT Planning Consultant -- Michelle Farfan Page I of C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed and services rendered. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, policies and regulations, applicable to the services to be rendered under this agreement. Insurance. The Consultant shall obtain and1eep in force during the terms of the Agreement, policies of insurance as follows: If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self- insurance through an irrevocable Letter of Credit from a qualified financial institution. CONSULTANT AGREEMENT Planning Consultant— Michelle Farfan Page 2 of Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. Any deductibles or self- insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self - insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Consultant to take out and /or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any insurance coverage for third party liability claims provided to the County by a "Risk Pool' created pursuant to Ch. 48.62 RCW shall be non - contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. CONSULTANT AGREEMENT Planning Consultant — Michelle Farfan Page 3 of 7 The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. 9. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that she has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract without 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. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 13. Non - Waiver. Waiver by the County of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. Termination. a. The County reserves the right to terminate this agreement at anytime by giving ten (10) days written notice to the Consultant. b. The Consultant reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the County. CONSULTANT AGREEMENT Planning Consultant — Michelle Farfan Page 4 of 7 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Community Development 621 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Michelle Farfan 909 Kearney St. Port Townsend, WA 98368 16. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both County and Consultant. CONSULTANT AGREEMENT Planning Consultant — Michelle Farfan Page 5 of 7 DATED this SIGNATURE PAGE SIGNATURE PAGE day of Michelle Farfan Date 20 JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David W. Sullivan, Member Approved as to rm only: bodnnl Q a z Zb r� David Alvarez Da e Deputy Prosecuting Attorney Carl Smith Date Community Development Director CONSULTANT AGREEMENT Planning Consultant — Michelle Farfan Page 6 of 7 EXHIBIT A: DESCRIPTION OF SERVICES Consultant will perform duties assigned similar to those that would be assigned to an Associate Planner including: Consultant will processes Type 1 ,2 and 3 permits including consistency reviews, short plats, long plats, plat alterations, boundary line adjustments, Stormwater and Stormwater with SEPA. This will include working with the public on cases that are being processed by consultant. Other projects as assigned and approved by the Consultant and the Director of Community Development. - Consultant will be working on current planning only and no long range planning projects and will not be required to participate in public hearings. - Consultant will perform all work under this Agreement at a location to be chosen by the County. - Consultant will not remove the physical files from county -owned or leased property. - Consultant may, at the option of the County, be provided with a County personal computer linked to the computer infrastructure of the County. CONSULTANT AGREEMENT Planning Consultant — Michelle Farfan Page 7 of 7