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HomeMy WebLinkAboutReso 37-1994RESOLUTION NO. 37-94 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING APPOINTMENT OF ROBERT F. BEYER AS INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT WHEREAS, the City of South San Francisco seeks special assistance to coordinate its efforts in Community Development; and WHEREAS, the City has determined that Robert F. Beyer, of Beyer & Associates is qualified by training and experience to render such services and he has agreed to provide such services; and wHEREAs, the public interest for the City of South San Francisco will be served by the Agreement. NOWi, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco and Robert F. Beyer, Principal of Beyer & Associates do mutually agree as follows: 1. Robert F. Beyer, Principal of Beyer & Associates will serve as Interim Director of the City's Community Development Department as outlined in the attached Agreement and Proposal. 2. i Said services shall be provided as above and consultation and supervision with the City Manager. in 3. The City Manager is directed to act on behalf of the city and enter into and execute personal services agreement with Robert F. Beyer of Beyer & Associates. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisc° at a reau]ar meeting held on the 13th day of ~ri] , '1994 by the following vote: AYES: Councilmembers Jack Drago, John R. Penna, Roberta Cerri Teglia, Robert Yee and Mayor Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT: Beyer None EXHIBIT TO RESOLUTION NO. 37-94 AGREEMENT FOR CONTRACT CONSULTING SERVICES INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO This agreement for Contract Consulting Services ("Agreement") is entered into as of the , day of March,-1994,by and between the City of South San Francisco, a public body corporate and politic, ("City"), and BEYER & ASSOCIATES ("Consultant"). RECITALS A. The City and Consultant desire to enter into a consulting contract for Consultant to provide Interim Director of Community Development assignment and to provide direction to the Department of Community Development. B. The City desires that Consultant evaluate the structure and organization of the Department to determine if it is functioning in a manner in which all divisions of the department are supporting the development and economic development directions of the City. C. The City desires that Consultant develop strategies in conjunction with the City Manager which will provide the direction for the Department of Community Development and the City ide~ntifying those shifts in direction for the Department to take to meet the new development] challenges and opportunities for the 1990's. AGREEMENT NOW THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Consultant agree as follows: Consultant will serve as and perform the obligations of Consultant as described in this Agreement for the period beginning on the execution of this Agreement and ending on the 30th day of September, 1994, ("Term"), unless sooner terminated as provided in this Agreement. 2. SCOPE OF SERVICES: ConsUltant shall furnish all of the services as described in its' Proposal For Consulting Services Interim Director of Community Development, (Exhibit A) which is attached and incorporated herein by this reference. ConsUltant shall provide administrative management services as Interim Director of Community Development as requested by and under the direction of the City Manager on the terms set forih in this Agreement. Consultant shall make available sixteen (16) hours of his time per week during office hours, holding office hours in the Department of Community Development's administrative office, and such additional time as required to fulfill the responsibilities of Interim Director and to perform his services under this Agreement on the schedule mutually acceptable to the parties. Consultant shall attend two regular meetings of the City Council a month if requested by the City Manager to present items relevant to the Department. Consultant shall not be compensatedi for these meetings. Consultant's attendance at City workshops, study sessions of the City Council not held as part of one of the two city council meetings, Planning Commission meetings and other similar extraordinarY_men,tings shall be compensated pursuant to Section 3 of this Agreement. The scope of services to be performed by Consultant pursuant to this Agreement shall include the fdllowing: a. Report to and be directly responsible to the City Manager b. Direct and manage all Department of Community Development staff. Co To evaluate and assess the personnel in the department, with emphasis on the Planning Division and make recommendations to the City Manager. Review all agendas for the Planning Commission and supporting documentation for Planning Commission and City Council meetings. Responsible for the preparation of all staff analyses and reports requested by the City Manager. Oversee, coordinate and report on all Department budget matters, and provide direction to department staff in the preparation of the Department's annual budget. Provide information and assistance to the Planning Commission, City Council, City Manager, City departments, and other public agencies and the public relating to activities of the Department of Community Development. ho To assess the role and function of the department and its divisions within the city structure and make recommendations to the City Manager on any changes that might be appropriate. Other duties required by the City Manager as necessarY to ensure the professional service and required functions of the Department. 2 -- 3. COMPENSATION OF CONSULTANT: Commencing on March 28, 1994, as Consultant's compensation for performance of its obligations under this Agreement, City shall pay Consultant at a fixed rate of One Thousand Two Hundred ($~,200) per week of work which Consultant performs pursuant to Section 2 of this Agreement. i In addition, the City shall pay Consultant at a rate of seventy-five dollars ($75.00) per hour for ihis attendance at extraordinary meetings as defined in Section 2 of this Agreement. Consultant shall not be compensated for travel expenses nor for attendance at two regular city council meetings per month. Consultant's total compensation under this Agreement during Term shall not exceed the sum of Thirty-Two Thousand Four Hundred Dollars ($32,400), without the prior written ';approval of the City Manager. 4. RELATIONSHIP OF PARTIES: It is expressly understood that Consultant shall act solely as an independent contractor in the performance of its obligations hereunder and that no agency, employee, partnership or other r. elationship iis intended to be, or is, established by this Agreement. Consultant shall not have the right or power to bind the agency to any contract or obligation. 5. INDEMNIFICATION: City Shall indemnify, defend and hold harmless Consultant from and against all claims, suits, actions or liabilities of every name, kind and description brought for, or on account of, injuries to o~ death of any person or damage to property and other liability of whatever nature resulting from the performance by Consultant of Consultant's obligations under this Agreement, so long as the Consultant's act or acts causing the claims, suits, actions or liabilities were within the scope of be Consultant's authority as set forth in this Agreement and were not fraudulent, negligent, willful or intentionally tortious or criminal acts. 6. ASSIQNMENT PROHIRITED ConsUltant shall not assign or transfer all or any portion of this Agreement, either voluntarily or by operation of law or otherwise, without the prior written consent of the City, which conseat may be granted or withheld in the City's absolute discretion. Any attempted assignment Without prior written consent shall be void and shall entitle the City to terminate this Agreement. 7. TERMINATION Notwiithstanding anything to the contrary set forth in this Agreement, either party may terminate this Agreement by giving ten (10) days prior written notice to the other party. Upon termination, Consultant will be compensated for a final billing amount reflecting all work actually performed under this Agreement prior to the effective date of termination as set forth in said notice. 8. CONFIDENTIAL INFORMATION: During and after the Term of this Agreement, Consultant shall maintain in confidence and not use, except to the extent required to perform its obligations under this Agreement, any and all proprietary or confidential information of the City of which Consultant may become aware in the performance of his services. 9. CONFLICT OF INTEREST: During the Term of this Agreement, Consultant shall not accept employment or consulting work, or enter into a contract or accept any obligation which is inconsistent or incompatible with Consultant's obligations under this Agreement. 10. GOXr~ RNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 11. ENTIRE AGREEMENT: This Agreement represents the entire understanding and agreement of the parties as to the subject matter of the Agreement. This Agreement may not be changed orally, but only by an amendment in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. 12. WAIVER OF BREACH: Waiver by the City of a breach of any provision of this Agreement by Consultant shall not operate or be construed as a waiver of any subsequent breach by Consultant. 13. ATTORNEY'S FEES If a legal action is instituted by either party to enforce the terms and conditions of this Agreement against the other, the party prevailing in the action shall be entitled to recover all reasonable attorneys' fees and costs incurred by the prevailing party in the action. 14. PAR'IIAL INVALIDITY: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless shall continue in full force and effect witaout being impaired or invalidated in any way. 15. HEADINGS: This Agreement shall not be interpreted by reference to any of the titles or headings to the paragraphs in this Agreement, which have been inserted for convenience purposes only and are not deemed a part of this Agreement. 16. NOTICE: All notices, requests and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if mailed to the parties at the addresses shown below, or at such other address as either party may designate by written notice to the other. Any such notice or communications shall be deemed effective upon receipt or on the third (3) day after mailing in the United Stated mail, certified or registered, postage prepaid with return receipt requested. ' IF TO "CONSULTANT": IF TO "CITY" Robert F. Beyer BEYER & ASSOCIATES P.O. Box 2911 Saratoga, CA 95070 City Manager City of South San Francisco 400 Grand Avenue P.O. Box 711 South San Francisco, CA 94080 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CONSULTANT" APPROVED AS TO FORM: BEYER & ASSOCIATES City Attorney ATTEST: "CITY" City Clerk BY: Ed Wollenberg, City Manager The Settinv This proposal city manager Development, PROPOSAL ; in response to two meetings with the City Manager, one including the assistant :oncerning the organizational needs existing in the Department of Community specifically centering around the redevelopment and economic development functions and both responsiv~ City of South S decisions, whet', the City to be a in the Bay Area opportunities Community De opportunity to e to meet the ecor t'.~e City Manager's desire to develop a community development program which is to the community's needs and to those directions which must be taken to put the an Francisco in a competitive position when confronting important development ~er they be created by the private sector or the city government itself. Positioning >le to take advantage of its important geographical location on the Peninsula and is important if the City is to reap the benefits of the new economic development f the 1990s. There is presently a vacancy in the position of Director of velopment and Economic Development Coordinator. It provides an excellent valuate the present structure of the department and determine if it is so structured omic and community development challenges of the 1990s. The Position This proposal relates to serving in the capacity of Interim Director of Community Development for the City of ;outh San Francisco. This position administers the following divisions of the department: Panning, Code Enforcement, Building, Economic Development and Redevelopment. The City Manager has decided to put the economic development function in the City Manager's )ffice because of the emphasis which he believes needs to be placed on the function at the p~ ~'sent time. I YERs, ASSOCIATES Proposal For lnlerim Dire¢lor of Conmmnil¥ Developmenl Se~'ices March 8, 199~ Perceived Ne The vacancie the structural position on a influence his The need and · Is the · Is the new d · Are th to mee There is a "re public service "that's the way to determine the department the city. eds/Challen£es in the department provide a unique opportunity for the City Manager to evaluate organization and staffing of the department prior to filling the vacant directors permanent basis. The direction the Manager wishes the department to take will :hoice of the type of person he will look upon to head the department. ;hallenges which confront the department are as follows: ~epartment structured properly to meet the challenges facing it? 'lanning Division tOo regulatory oriented to the extent that it prohibitscreative'and-' eelopment from taking place in the city? re strategies in place which provide the framework for heading in new directions the economic development needs of the decade? iulatory" framework which tends to dominate the environment, rather than one of and trying to work out solutions to situations, rather than taking the attitude of it is" because its in the regulations. There is need for a departmental assessment Aooroach There are sever · To provi interim · To insur · To evalt Division · To asse: structure appropfi~ _SYER~, ASSOCIATES whether the department is staffed properly to meet community needs, and whether "culture" is what is necessary to attract the right people to locate their business in al approaches proposed to be taken to this interim assignment. de strong leadership and a sense of direction for the department during this )eriod of time. e that the daily workload flow continues. ate and assess the personnel in the department, with emphasis on the Planning and make recommendations to the City Manager. ;s the role and function of the department and its divisions within the city and make recommendations to the city manager on any changes that might be To guidq the staff through the budget development process, producing a department budget ~ithin the parameters provided by the City Manager's Office. Proposal For Interim Director of Community Development Services March 8, 1994 To ascertain if the department priorities are appropriate for the challenges facing the department and the city today, in terms of customer service and economic development opportunities. To develop potenlial strategies which might be used to make necessary shifts in direct'on for the department to meet the new development challenges and opportunities. Period of Assignment It is proposec' that the assignment be for a period of six months. This will allow ample time to make the necessary assessments and evaluation of the department and division operations and develop strategies and recommendations for city manager evaluation. It will fui'iher"Pr09id6 continuity during the budget development process and allow time for recruitment of the Director of Community Development once some of the above strategies have been determined. This will assist the cie manager in better determining the type of person needed to fill this important position on a permanent basis. Proposed Sc[edule Presently, Mr. Beyer is tied up in another assignment the equivalent of three days per week. It is therefore proposed that the initial assignment be for the equivalent of two days per week spread over four one-half days. It proposed that the days be Monday, Wednesday, Thursday, and Friday. Whet~er the periods of time be in the morning or a~ernoon or a combination thereof, can be determined after further discussion with Mr. Wollenberg. It is anticipated that these hours could be incre4tsed, if necessary, in several months as Mr. Beyer's other assignment winds down. Fee Schedule Consultant services costs are proposed to be set at $1,200 per week for the six month period. This amount is based on sixteen (16) hours per week at $75.00 per hour. Included in the hours and cost is at:endance at up to city council meetings per month, if necessary. If additional meetings are necessary these can be negotiated. Commenceme ~t of Assignment If this proposal is acceptable, the Consultant can start this assignment on April 1 or a date to be mutually determined with the City Manager. ;EYER& ASSOCIATES