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HomeMy WebLinkAbout10 - Professional Consulting Services for Airport IssuesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 April 13, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949/644 -3000 or dkiff @newportbeachca.gov SUBJECT: Recommendation to Renew the Professional Services Agreement with Thomas Cole Edwards, Inc. for Professional Consulting Services for Airport Issues ISSUE: Does the City Council agree that the professional services provided by Thomas Cole Edwards, Inc. in 2009 pertaining to airport issues has been valuable and should be renewed? RECOMMENDATION: Approve the Professional Services Agreement with Thomas Cole Edwards, Inc. under the same terms and conditions as agreed upon in 2008. DISCUSSION: Background: On December 9, 2008, the City Council voted unanimously to renew its Professional Services Agreement with Thomas Cole Edwards, Inc. pertaining to the Council's desire to further communication within and outside the community in regards to John Wayne Airport (JWA) and airport issues. This Agreement was based on the stated City Council priority for 2008 to "minimize the adverse affects of John Wayne Airport through implementation of the City's airport policy." Over the past year Tom Edwards has been very involved in attending and making presentations at Airport Working Group (AWG) and AirFair meetings, as well as homeowners association and interest group meetings. He has worked with the City Manager and JWA Airport Director in assessing actions which might reduce JWA impacts within the community. He has been an asset with assisting the City Manager with strategic thinking in terms of implementing the City Council's airport policy. Recommendation to Renew Professional Services Agreement with Thomas C. Edwards April 13, 2010 Page 2 The Agreement proposed would be under the same conditions as the 2009 amended contract. Under the terms, the consultant would continue to receive $5,000 per month for the first twenty -five hours of work provided each month. Excess hours would be at the rate of $300 per hour and require approval by the City Manager. Most months the consultant was paid for additional hours ranging from five to twelve hours, based on the City Manager's authorization. The City Manager believes the 2009 amended contract with Mr. Edwards resulted in improved communication with the community regarding JWA issues and also resulted in greater direct attention being given to JWA issues. Since it is likely that the implementation of the Council's airport policy will continue to be a high priority, the City Manager recommends the approval of a new contract. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Council considers the item). Submitted by: t0t ° DAVID A. KIF City Manager Attachment Professional Services Agreement i PROFESSIONAL SERVICES AGREEMENT WITH THOMAS COLE EDWARDS, INC. FOR AIRPORT POLICY CONSULTING SERVICES This Agreement is made effective as of the 13th day of April 2010, by and between the CITY OF NEWPORT BEACH, a Charter City and Municipal Corporation ( "City ") and Thomas Cole Edwards, Inc., a Professional Corporation ( "Consultant "), whose offices are located at 1235 N. Harbor Boulevard, Suite 200, Fullerton, California, 92832 ( "Consultant ") with reference to the following: RECITALS A. The City Council has continuously determined that a top priority for the City is to implement the City's Airport Policy, known as Council Policy A -17. This policy states that its primary objective is to protect Newport Beach residents from the adverse impacts of commercial aircraft operations at and from John Wayne Airport. B. The City requires professional consultant services in implementing City's Airport Policy ( "Project "). C. On April 1, 2008, City and Consultant entered into a Professional Services Agreement, for Airport Policy Consulting services. On January 1, 2009, the City entered into an amendment to the Agreement to clarify services in the Agreement and prior amendment, to extend the term of the Agreement to December 31, 2009 and to increase the total compensation. The Term of this agreement has since expired. D. City desires to retain consultant for additional professional services needed for project. E. City and consultant mutually desire to enter a new Agreement, hereinafter referred to as "Agreement" as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of April, 2010, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The 3 City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit A and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Seventy Thousand Dollars and no /100 ($70,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be 2 L, limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit A. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated THOMAS EDWARDS to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. DAVID KIFF shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such 3 6 materials in a timely manner so as not to cause delays in Consultant's work schedule. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 4 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during 5 % the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' AM Best "A" rated category (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage 6 2 for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. 7 G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 8 10 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is 91 23 intended to limit City's rights under the law or any other sections of this Agreement. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: David Kiff City Manager's Office City of Newport Beach PO Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 Phone: 949 - 644 -3300 Fax: 949 -644 -3020 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Thomas C. Edwards Thomas Cole Edwards, Inc. 1235 N. Harbor Boulevard, Suite 200 Fullerton, CA 92832 10 �� Phone: 714 - 871 -1132 Fax: 714 -871- 5620 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq. ). 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach 11 13 of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 12 Iq IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY a 6A- Leonie Mulvihill, Acting City Attorney ATTEST: By: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Keith D. Curry, Mayor CONSULTANT: By: Thomas C. Edwards President/ CFO Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates 13 16 Exhibit A Thomas Cole Edwards, Inc. Scope of Work and Billing Rates The following is a scope of work to support and assist the City Council and the City Manager in implementing the City's Airport Policy and, thereby, protecting Newport Beach residents from the impacts of commercial air carrier operations at John Wayne Airport. Background The scope of work is predicated on assisting the City Council and City Manager to implement the City's airport policy - City Policy A -17 and similar provisions of the voter approved General Plan. Council Policy A -17 recognizes that "... airport impacts are now, and will continue to be, the most significant threat to the quality of life of Newport Beach residents. This Council Policy also identifies the most important objectives and contains some aspects of strategies designed to achieve those objectives and how to keep residents informed of the issues and progress being made. The primary objectives of the Council Policy are to maintain and monitor the JWA Settlement Agreement; preventing any physical expansion of the airport (or extension of the existing runway), preserving the curfew and developing alternative transportation services for Orange County residents. The Council Policy identifies some aspects of an implementation strategy such as: seeking public agency support and working with the Corridor Cities and community groups. The Council Policy requires consistent monitoring of airport related issues and recommending strategies to promote the City's Airport Policy. The City Council has determined that one of its top priorities is the implementation of its Airport Policy. This scope of work is, for the most part, based on those recommendations with any additional tasks that the City Manager and /or the City Council may desire to pursue. Scope of Work The work scope, under the direction of the City Manager and with his ongoing input and the input of the City Council, is to do the following: 1. Attend meetings of and make presentations, when needed, to the Citizens Aviation Committee regarding matters of interest and to discuss implementation of the Council Airport Policy; 2. Meet with AWG, SPON and AirFair on a regular basis to explain what the City is doing to implement the Council Policy and to obtain their input regarding objectives, strategies and the roles those groups are willing to play in partnership with the City in an ongoing effort to achieve our mutual objectives. 14 1� 3. Schedule, attend and make a presentations to community groups regarding the City's Airport Policy, impacts of JWA operations on the community; provide information concerning forces that affect operations at JWA including but not limited to the FAA. As part of this task, work with the City Council, City Manager and City staff to develop current information pertaining to JWA. 4. Interact with the JWA Airport Administrator and monitor the existing Settlement Agreement affecting JWA; 5. Monitor events of the FAA as well as State and Federal Legislation that impact JWA; 6. Provide information as requested to municipalities and interested parties concerning JWA; 7. Attend such other meetings, such as the meetings of the Corridor City Coalition, as the City Manager may direct; 8. Coordinate all of the foregoing with the other consultants retained by the City to assist the City Manager in implementing the Council Airport Policy; 9. Assist the City Manager in reaching out for public agency support and participation as it pertains to the implementation of the City's Airport Policy and support for the JWA Settlement Agreement; 10. Explore the possibilities for Alternative Transportation Services and work with regional planning bodies, as directed by the City Manager that impact operations at JWA; 11. Develop, refine and assist the City in implementing a strategic plan for extending the existing Settlement Agreement; 12. Undertake such other services as may be directed from time to time by the City Manager. Billing Rates The following compensation shall be paid for the tasks described above: 1. The sum of $5,000.00 per month for the first 25 hours of work per month; 2. The sum of $300 per hour for all work in excess of 25 hours per month. 15 li 'esa A Lia[u5: ^a 4110 3 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY DATE: April 12, 2010 TO: Leilani Brown, City Clerk FROM: Leonie Mulvihill, Acting City Attorne0� Office of the City Attorney MATTER: April 13, 2010 Council Agenda Item. 10 RE: Thomas Edwards PSA Attached hereto, is a replacement for the first page of the Professional Services Agreement, page 3 of this agenda item. Please substitute this page as it was noticed there was an error in the term of the agreement. The correct term of the agreement should be through April 30, 2011. Z& cc: Dave Kiff, City Manager BrownL from LM 04.12 10 re EdwardsT Replace I' Page PROFESSIONAL SERVICES AGREEMENT WITH THOMAS COLE EDWARDS, INC. FOR AIRPORT POLICY CONSULTING SERVICES This Agreement is made effective as of the 13th day of April 2010, by and between the CITY OF NEWPORT BEACH, a Charter City and Municipal Corporation ( "City ") and Thomas Cole Edwards, Inc., a Professional Corporation ( "Consultant "), whose offices are located at 1235 N. Harbor Boulevard, Suite 200, Fullerton, California, 92832 ( "Consultant') with reference to the following: RECITALS A. The City Council has continuously determined that a top priority for the City is to implement the City's Airport Policy, known as Council Policy A -17. This policy states that its primary objective is to protect Newport Beach residents from the adverse impacts of commercial aircraft operations at and from John Wayne Airport. B. The City requires professional consultant services in implementing City's Airport Policy (`Project'). C. On April 1, 2008, City and Consultant entered into a Professional Services Agreement, for Airport Policy Consulting services. On January 1, 2009, the City entered into an amendment to the Agreement to clarify services in the Agreement and prior amendment, to extend the term of the Agreement to December 31, 2009 and to increase the total compensation. The Term of this agreement has since expired. D. City desires to retain consultant for additional professional services needed for project. E. City and consultant mutually desire to enter a new Agreement, hereinafter referred to as "Agreement' as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of April, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The PROFESSIONAL SERVICES AGREEMENT WITH THOMAS COLE EDWARDS, INC. FOR AIRPORT POLICY CONSULTING SERVICES This Agreement is made effective as of the 13th day of April 2010, by and between the CITY OF NEWPORT BEACH, a Charter City and Municipal Corporation ( "City ") and Thomas Cole Edwards, Inc., a Professional Corporation ( "Consultant "), whose offices are located at 1235 N. Harbor Boulevard, Suite 200, Fullerton, California, 92832 ( "Consultant ") with reference to the following: RECITALS A. The City Council has continuously determined that a top priority for the City is to implement the City's Airport Policy, known as Council Policy A -17. This policy states that its primary objective is to protect Newport Beach residents from the adverse impacts of commercial aircraft operations at and from John Wayne Airport. B. The City requires professional consultant services in implementing City's Airport Policy ( "Project "). C. On April 1, 2008, City and Consultant entered into a Professional Services Agreement, for Airport Policy Consulting services. On January 1, 2009, the City entered into an amendment to the Agreement to clarify services in the Agreement and prior amendment, to extend the term of the Agreement to December 31, 2009 and to increase the total compensation. The Term of this agreement has since expired. D. City desires to retain consultant for additional professional services needed for project. E. City and consultant mutually desire to enter a new Agreement, hereinafter referred to as "Agreement" as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of April, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The PROFESSIONAL SERVICES AGREEMENT WITH THOMAS COLE EDWARDS, INC. FOR AIRPORT POLICY CONSULTING SERVICES This Agreement is made effective as of the 13th day of April 2010, by and between the CITY OF NEWPORT BEACH, a Charter City and Municipal Corporation ( "City ") and Thomas Cole Edwards, Inc., a Professional Corporation ( "Consultant "), whose offices are located at 1235 N. Harbor Boulevard, Suite 200, Fullerton, California, 92832 ( "Consultant ") with reference to the following: RECITALS A. The City Council has continuously determined that a top priority for the City is to implement the City's Airport Policy, known as Council Policy A -17. This policy states that its primary objective is to protect Newport Beach residents from the adverse impacts of commercial aircraft operations at and from John Wayne Airport. B. The City requires professional consultant services in implementing City's Airport Policy ( "Project "). C. On April 1, 2008, City and Consultant entered into a Professional Services Agreement, for Airport Policy Consulting services. On January 1, 2009, the City entered into an amendment to the Agreement to clarify services in the Agreement and prior amendment, to extend the term of the Agreement to December 31, 2009 and to increase the total compensation. The Term of this agreement has since expired. D. City desires to retain consultant for additional professional services needed for project. E. City and consultant mutually desire to enter a new Agreement, hereinafter referred to as "Agreement" as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of April, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The