RPVCCA_SR_2011_05_03_04_Amdmt_View_Mediator_cntrctCITY OF
MEMORANDUM
RANCHO PALOS VERDES
Cil MEMBERS
DEVELOPMENT
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR & C TV COU
JOEL ROJAS,COMM I
DIRECTOR
MAY 3,2011
CONTRACT AMENDMENT AND BUDGET
ADJUSTMENT TO AllOW THE CITY'S VIEW
RESTORATION MEDIATOR'S CONTRACT LIMIT TO
BE EXCEEDED BY $7,000 FOR FISCAL YEAR 2010-11
CAROLYN lEHR,CITY MANAGER
Amy Trester,Associate Planner ~
RECOMMENDATION
Authorize the Mayor and City Clerk to sign an amendment to the professional services
agreement with Ms.Coleen Berg that allows the $40,000 annual contract cap for Fiscal
Year 2010-11 to be exceeded by $7,000;and Adopt Resolution No.2011-_,a
resolution of the City Council of the City of Rancho Palos Verdes,approving an
associated $7,000 budget adjustment to the Department's Professional and Technical
Services budget for FY 2010-2011.
BACKGROUND
The City currently has a service agreement with Ms.Coleen Berg for mediation services
related to view restoration and preservation cases.The current service agreement has
a contract limit of $40,000 per fiscal year.In the past year,a view restoration case
involving a total of 27 applicants and foliage owners has required a disproportionate
amount of the mediator's time and budget.As a result of this anomalous case,the
mediator has reached her contract limit before the end of the fiscal year.In order to allow
the mediator to continue her work on existing and new view restoration cases through the
end of the fiscal year,a contract amendment is being proposed by Staff.An
accompanying budget adjustment is also proposed as there are currently not sufficient
4-1
MEMORANDUM:View Restoration Mediator Contract Amendment &View
Restoration Budget Adjustment
May 3,2011
Page 2 of 3
funds in the View Restoration Division's Professional and Technical Services budget at
this time to absorb the cost of the proposed contract amendment.
DISCUSSION
A View Restoration case (VRP2010-00010)involving a total of 27 applicants and foliage
owners has required a disproportionate amount of the mediator's time and budget as
compared to an average view restoration case.As a result of this anomalous case,the
City's mediator reached her $40,000 contract limit and the Department's $40,000 budget
for view mediation services has been depleted.While the new fiscal year is only two
months away,at which time additional monies will be available to fund continued use of
the City's mediator during Fiscal Year 2011-12,Staff did not want to halt the mediator's
current work on 5 open cases.Staff believes that halting the mediator's involvement with
these cases for even two months could adversely affect the resolution of these cases.As
a result,Staff is recommending that the City Council approve a contract amendment that
would allow the City mediator's current $40,000 contract limit to be exceeded by $7,000 for
Fiscal Year 2010-11.
In estimating the funds needed to allow the mediator to continue working through the
end of FY 2010-11,Staff took into consideration the mediator's current case load,the
status of the 5 open cases,as well as the possibility that new cases will likely be
submitted during the last two months of the fiscal year.Based on these factors,Staff
has estimated that a budget and contract adjustment of $7,000 will be sufficient to cover
the projected cost for mediation services through the end of fiscal year 2010-11.
CONCLUSION
In conclusion,Staff recommends that the City Council approve a contract amendment
that allows a one-time $7,000 increase to the mediator's Fiscal Year 2010-11 $40,000
contract limit and adopt Resolution No.2011-_thereby approving a $7,000 budget
adjustment to the Department's View Restoration Division's Professional and Technical
Services budget for Fiscal Year 2010-11.
FISCAL IMPACT
The recommended action will result in an additional City expenditure of $7,000.Since
this expenditure is not budgeted in the City's current FY1 0-11 View Restoration budget,
a budget adjustment is necessary.The proposed budget adjustment would allocate
$7,000 from the City's General Fund to the View Restoration program within the
Community Development Department's budget.Project funding is summarized in Table
1 below.
4-2
MEMORANDUM:View Restoration Mediator Contract Amendment &View
Restoration Budget Adjustment
May 3,2011
Page 3 of 3
Table 1:Project Expenditures
FISCAL IMPACT MATRIX
One-time &initial fiscal ear cost
Amount to add to future annual operating
bud et
Permanent addition to annual staff hours
Potential future savin s
Estimated fiscal year end available fund
balance after City Council action (net of
reserve level,if a Iicable
$7,000
40,000
None
None
General Fund
$7,000
$0
The FY1 0-11 Statement of Estimated General Fund Reserves is attached.
Attachments:
•Proposed Contract Amendment
•Draft Resolution No.2011-_
•FY10-11 Statement of Estimated General Fund Reserves
4-3
CITY OF
~
RANCHO PALOS VERDES
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL MEDIATION
CONSULTING SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL
MEDIATION SERVICES is executed this 3rd day of May 2011,by and between the City
of Rancho Palos Verdes (hereinafter called "CITY"),and Coleen Berg (hereinafter
called "CONSULTANT"),which are referred to collectively as "the Parties."
RECITALS
WHEREAS,on June 2,2009,CITY and CONSULTANT executed a professional
services agreement for professional mediation consulting services related to the
administration of CITY's View Preservation and Restoration Ordinance ("Agreement");
and,
WHEREAS,as a result of one uncharacteristically time-consuming View
Restoration case that is being processed by CONSULTANT during Fiscal Year 2010-
2011,the maximum annual service cost of $40,000 specified in the current professional
services agreement has been reached;and
WHEREAS,there currently are several pending cases for which CONSULTANT
is currently providing mediation services for CITY,and for which CITY wishes
CONSULTANT to continue providing mediation services;
NOW,THEREFORE,the Parties agree as follows:
Section 1.CONSULTANT shall continue to perform the professional mediation
services as specified in the "Agreement for Professional Mediation Consulting Services"
dated June 2,2009,which is attached hereto as Exhibit 'A'and made part hereof by
this reference.
1
1351184-24-4
Section 2.Section 3 of the Agreement,is hereby amended to read:
"Compensation.CITY agrees to compensate CONSULTANT,and
CONSULTANT agrees to accept in full satisfaction for the services provided hereunder,
a fixed fee of $125 per hour,not to exceed a total of $47,000 per year only for fiscal
year 2010-2011,which includes all labor and all of CONSULTANT's costs.
CONSULTANT'S services shall be itemized on a monthly Invoice form,and CITY
shall pay CONSULTANT for all undisputed services.
Section 3.Section 14 of the Agreement is hereby amended to read as follows:
"Entire Agreement.This Agreement,as modified by this First Amendment,
represents the entire integrated agreement between CITY and CONSULTANT and
supercedes all prior negotiations,representations or agreements,either written or oral
between the Parties.Except as expressly modified by this First Amendment,all
provisions of the Agreement shall remain in full force and effect.This Agreement may
be further amended only by a written instrument signed by both CITY and
CONSULTANT.
EXECUTED the day and year first stated above.
"CONSULTANT"
By _
Coleen Berg
CITY OF RANCHO PALOS VERDES
By _
Thomas D.Long,Mayor
ATTEST:
City Clerk
2
1351184-24-5
AGREEMENT FOR
PROFESSIONAL MEDIATION CONSULTING SERVICES
(City of Rancho Palos Verdes)
This Agreement is made and entered into this 2nd day of June 2009,by and
between the City of Rancho Palos Verdes,a California municipal corporation (nCITY "),
and Ms.Coleen Berg ("CONSULTANT").
RECITALS
WHEREAS,CITY desires to engage the services of CONSULTANT as an
independent contractor in the field of dispute resolution to provide professional
mediation services as described in this Agreement;and
WHEREAS,CITY's Local View Restoration Guidelines and Procedures require
early neighbor consultation meetings prior to the acceptance of any View Restoration
Application Permit,as specified in Section 17.02.040(C)(2)(a)of the Rancho Palos
Verdes Municipal Code 1;and
WHEREAS,CONSULTANT represents that she is fully qualified to perform the
mediation services required by this Agreement by virtue of her experience,training,
education,and expertise,and CONSULTANT has offered to provide these services on
the terms and in the manner set forth herein and in a format consistent with CITY's
Local View Restoration Guidelines and Procedures;
NOW,THEREFORE,the parties agree as follows:
Section 1.CONSULTANT's Services.Subject to the terms and conditions
set forth in this Agreement,CONSULTANT shall provide professional mediation
services in connection with the administration of CITY's View Preservation and
Restoration Ordinance.The professional mediation services to be performed by
CONSULTANT shall include,but are not limited to,the services more particularly
described below:
(a)When requested by CITY,CONSULTANT shall attend and participate in
pre-application meetings with potential applicants and affected neighbors pursuant to
1 All further Section references are to the Rancho Palos Verdes Municipal Code unless otherwise noted.
-1-
4-6
the procedures outlined in the Local View Restoration Guidelines and Procedures.
These pre-application meetings are necessary to comply with the Early Neighbor
Consultation stage of the View Restoration Application Permit process [Section
17.02.040(C)(2)(a}.].For any pre-application meeting for which CITY requests
CONSULTANT's attendance,CONSULTANT shall be compensated at the rates set
forth in Section 3 of this Agreement.
(b)When requested,CONSULTANT shall provide CITY with the following
documents related to mediation services:
(1)Private agreements and any related photographs;and
(2)Written reports or statements explaining why a particular mediation
meeting failed.
(c)All reports,information,data and exhibits prepared or assembled by
CONSULTANT in connection with the performance of services pursuant to this
Agreement are confidential until released by CITY to the public,and CONSULTANT
agrees that they shall not be made available to any individual or organization without
the prior written consent of CITY.All such reports,information,data and exhibits shall
be delivered to CITY upon demand without additional cost or expense to CITY.
(d)CONSULTANT must respond within a reasonable time to CITY requests
for follow-up mediation information,which may include responding to all follow-up
questions,concerns,or comments from individuals who participate in a mediation.
(e)This Agreement and the scope of work to be performed by CONSULTANT
may only be amended in accordance with Section 14.
Section 2.Term.The term of this Agreement shall be from July 1,2009,
through June 30,2011.
Section 3.Compensation.CITY will compensate CONSULTANT,and
CONSULTANT will accept in full satisfaction for the services provided hereunder,a
fixed rate of $125 per hour,with an annual service cost that is expected to be $35,000;
in no case,however,shall the annual service cost exceed $40,000.These costs
include all labor and all of CONSULTANT's costs.
CONSULTANT's services shall be itemized on a monthly invoice,and CITY shall
pay CONSULTANT for all undisputed services.
2
4-7
SQction 4.Independent Contractor.CONSULTANT will perform all services
as an independent contractor.This Agreement shall not and is not intended to engage
CONSUL TANT as an agent,servant,or employee of CITY,nor is it intended to create
any partnership,joint venture,or similar association between CITY and CONSULTANT.
Section 5.Assignment.This Agreement may not be assigned,in whole or in
part,without the CITY's prior written consent.
Section 6.Consultant.Ms.Coleen Berg will be the designated
representative providing services to CITY,and this designated representative shall not
be replaced without the CITY's prior written consent.
Section 7.Cit:t:Liaison.CONSULTANT shall perform all services under the
general supervision of the CITY's Director of Planning,Building and Code Enforcement
("Director"),or his or her designee,and all communications,instructions,and directions
on the part of CITY shall be communicated exclusively through the Director or his or her
designee.
Section 8.Data and Services to be Furnished b:t CITY.All information,
data,records,reports,and maps that are in CITY's possession and necessary for the
performance of this work shall be available to CONSULTANT without charge.
Section 9.Interests of CONSULTANT.CONSULTANT affirms that she
presently has no interest,and shall acquire any interest,direct or indirect,that would
conflict in any manner with the performance of the services contemplated by this
Agreement.No person having any such interest shall be employed by or be associated
with CONSULTANT.
The parties agree:
(a)CITY has sole discretion to direot the work and evaluate the performance
of CONSULTANT,and CITY retains the right to terminate this Agreement or replace
CONSULTANT at any time in accordance with the provisions of Section 12.
(b)CITY has sale discretion to determine the amount of compensation to be
paid to CONSULTANT in accordance with the provisions of this Agreement.
(c)CITY shall pay CONSULTANT from an account under the CITY's
exclusive control.
Section 10.Insurance.Not less than one day prior to commencing
performance under this Agreement,CONSULTANT shall submit to CITY certificates
3
4-8
evidencing compliance with the following minimum insurance requirements,which
compliance shall be maintained during the term of this Agreement:
1.General liability insurance protecting CONSULTANT In an amount not less
than $100,000 per occurrence,and $300,000 in the aggregate,for bodily injury,
personal injury and property damage,and automobile liability insurance protecting
CONSULTANT in the minimum amount required by state law.CONSULTANT will
maintain in full force and effect during the term of this Agreement professional errors
and omissions insurance in an amount not less than $100,000 per claim,and in the
aggregate.CONSULTANT's policies of insurance shall:
(a)Be issued by an insurance company that is admitted to conduct
business in the State of California and that is rated in Best's Insurance Guide with a
rating of A"VII or better.
(b)Name and list as additional insureds CITY,and its officers,agents,
and employees.
(c)Be primary to any other similar insurance.Each insurance policy
shall contain a provision that prohibits cancellation,without 30 days prior written notice
to CITY.The insurance certificates evidencing the required insurance,and
endorsements naming CITY,its officers,employees,and agents as additional insureds,
shall be submitted to CITY,and CITY has the right to approve or disapprove any
insurance procured by CONSULTANT under the standards of this Section 10.
Procurement of insurance by CONSULTANT shall not be construed as a limitation of
CONSUL TANT's liability or as full performance of CONSULTANT's duties to indemnify,
hold harmless,and defend under this Agreement.
(d)Indemnify CITY against liability from loss,damage,or injury to
persons or to property arising from CONSULTANT's negligent acts in connection with
the performance of services under this Agreement.
(e)Include a severability of interest clause substantially similar to the
following:"The insurance afforded by this policy applies separately to each insured
against whom a claim or suit is made or brought,except with respect to the limit of the
insurer's liability."
4
4-9
(f)Contain a clause substantially in the following words:U[t is hereby
understood and agreed that this policy shall not be canceled or materially changed
except upon 30 days prior written notice to CITY of such cancellation."
(g)Cover the services of CONSULTANT to be provided under the
terms of this Agreement.
(h)Be acceptable to the City Attorney.
2.CONSULTANT's failure to comply with the insurance requirements of this
Section 10 shall be a material breach of this Agreement.
3.CONSULTANT shall not commence the performance of its services under
this Agreement until the required insurance has been obtained and appropriate
certificates of insurance have been filed with CITY.CONSULTANT agrees that
provisions substantially similar to those set forth in this Section 10 will be included in
any subcontract executed by CONSULTANT.
Section 11.Indemnification.CONSULTANT will defend and indemnify CITY,
its officers,employees,and agents against,and will hold each of them harmless,from
damages to persons or property,penalties,obHgations,liabilities,and costs,including
but not limited to reasonable costs of defense,that may be claimed by any person,firm,
corporation,political subdivision,or other organization to the extent caused by the
negligent acts or intentional tortious acts,errors,or omissions of CONSULTANT,or
those for whom CONSULTANT is legally responsible.However,if any information or
data prepared or provided by CONSULTANT is misused by an agent of CITY,
CONSULTANT shall not be responsible for that misuse of data.
Section 12.Termination.The executory provisions of this Agreement may be
terminated by CITY upon five (5)days prior written notice to CONSULTANT without
further action by CITY.The executory provisions of this Agreement may be terminated
by CONSULTANT upon thirty (30)days prior written notice to CITY.Upon such
termination by CITY,CITY shall pay CONSULTANT for work satisfactorily completed
prior to the date of termination,but in no event in excess of the compensation described
in Section 3 of this Agreement.CONSULTANT's compensation upon termination shall
be based on the percentage of completion of CONSULTANT's work as of the date of
termination,provided that such work is in a form usable by CITY.
Section 13.Notice.Any notice,tender,or documents required shall not be
effective unless it is given in writing and delivered in person or by certified mail,postage
5
4-10
prepaid,and addressed to the parties at the addresses stated below,or at such other
address as either party may hereafter notify the other in writing as aforementioned:
CONSULTANT:
Ms.Coleen Berg
Choice Mediation
4703 Merrill St.
Torrance,CA 90503
The CITY:
Director of Planning,Building and Code Enforcement
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
Any party may change its address by giving written notice to the other party.
Thereafter,any notice or other communication shall be addressed or transmitted to the
new address.If sent by mail,any notice,tender,or documents shall be deemed
effective three (3)business days after it has been deposited in the United States mail.
For purposes of communicating time frames,weekends and federal,state,religious,
County of Los Angeles or City holidays shall be excluded.
Section 14.Entire Agreement.This Agreement sets forth the entire integrated
agreement between CITY and CONSULTANT and supersedes all prior negotiations,
representations,or agreements,whether written or oral.This Agreement may be
amended only by a written instrument signed by both CITY and CONSULTANT.
Section 15.Litigation Costs.Should any dispute under this Agreement lead
to litigation,the prevailing party shall be entitled to reasonable attorneys'fees and costs
as determined by the court.
Section 16.Applicable Law.This Agreement,and any dispute arising
hereunder,shall be governed and interpreted in accordance with the laws of the State
of California.Venue for any action arising from or related to this Agreement shall be
exclusively in the state or federal courts located in Los Angeles County.
6
4-11
Section 17.Business License Required.Consultant shall obtain and
maintain a CITY business license prior to commencing the mediation services specified
in this Agreement.
Section 18.Provisions Cumulative.The rights and remedies available to
CITY under this Agreement are cumulative and in addition to and not in limitation of any
other rights or remedies available to CITY.
Section 19.Anti ..Waiver Clause.None of the provisions set forth in this
Agreement shall be deemed waived because of a previous failure to insist upon strict
performance,nor shall any provision be waived because any other provision has been
waived in whole or in part.
IN WITNESS WHEREOF,the CITY and CONSULTANT have executed this
Agreement by and through the signatures of their duly authorized representatives,as of
the date set forth above above.
Coleen Berg
By:
Mayor
ATIEST:~
By.{tf!.ah
City Clerk
7
4-12
RESOLUTION NO.2011-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,ALLOWING FOR A CONTRACT AMENDMENT AND BUDGET
ADJUSTMENT TO ALLOW THE CITY'S VIEW RESTORATION MEDIATOR'S
CONTRACT LIMIT TO BE EXCEEDED BY $7,000 FOR FISCAL YEAR 2010-11
WHEREAS,Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all
expenditures in excess of budgeted allocations must be by supplemental appropriation of the City
Council;and
WHEREAS,on June 15,2010,the City Council of the City of Rancho Palos Verdes adopted
Resolution No.2010-55,approving a spending plan and authorizing a budget appropriation for the
2010-2011 fiscal year;and
WHEREAS,it is necessary for the City to grant a one-time amendment to the existing
contract with the City's View Restoration Mediator to allow the View Restoration Mediator to continue
working through the end of FY 2010-2011;and,
WHEREAS,a one-time budget increase of $7,000 in the FY 2010-2011 View Restoration
Division's Professional and Technical Services budget of the General Fund is necessary to pay for
the aforementioned amended View Restoration Mediator's contract.
NOW BE IT,THEREFORE,RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES:
The following adjustments be made to the following funds:
GENERAL FUND:
Planning -View Restoration Professional and Technical Services 4004-441-32-00
PASSED,APPROVED,AND ADOPTED THIS 3rd DAY OF MAY 2011.
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
$7,000
I,CARLA MORREALE,City Clerk of the City of Rancho Palos Verdes,hereby certify that the above
Resolution No.2011-_was duly and regularly passed and adopted by the said City Council at a
regular meeting thereof held on May 3,2011.
City Clerk
4-13
FY10-11 Statement of Estimated General Fund Reserves Attachment A
Adjustments:
FAA Consultant for Proposed Class C Airspace
Change
FY09-10 Year-End Adjustments
CDBG Reallocation
Proposition A Exchange with the City of Rolling
Hills
March Special Election Cost
FY09-10 Final Results
Midyear Financial Report
GASB 54 Implementation
View Restoration Mediator
8/17/2010
91712010
91712010
9/21/2010
10/5/2010
2/1/2011
2/15/2011
4/19/2011
5/312011
61,610
418,087
Revenues
1,005,000
48,750
80,000
47,120
7,000
Ending
Reserves
:::::tn~$i1~2:.
60,000
Net Transfers include both operating transfers from and to the General fund.Originally budgeted Net Transfers are adjusted when staff becomes aware that
an additional 0 eratin transfer is needed to satis an unantici ated shortfall within another fund;and that shortfall must be funded with General fund monies.
Ending Reserves are the estimated 6/30/10 General fund reserves at the time of budget adoption.Adjusted Ending Reserves is a calculation based on
subse uent ad'ustments to Be innin Reserves Revenues Ex enetitures and Net Transfers.
4-14