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04-0406_CIVIC SOLUTIONS, INC._Agreement Amd* $1 AMENDATORY AGREEMENT This Amendatory Agreement is made this 6�& day of April, 2004, by and between the City of San Juan Capistrano, hereinafter referred to as "CITY", and CIVIC SOLUTIONS, INC., hereinafter referred to as "CONSULTANT'. Whereas, CITY and CONSULTANT entered into an agreement dated October 24, 2003 for consultant services to serve as project manager for Belladonna Estates, Tentative Tract 16146, on behalf of the CITY; and Whereas, the CONSULTANT and the CITY hereby desire to amend the compensation to allow CONSULTANT to continue processing the proposed projectthrough the development review process; and Whereas, CONSULTANT is paid an hourly rate for work performed as set forth in Exhibit A of the Scope of Work, attached and incorporated herein by reference; and Whereas, the CITY hereby desires to have CONSULTANT continue the project management for the Belladonna Estates Tentative Tract Map 16146 until such time as the City Council takes final action on the application; and NOW, THEREFORE, BE IT RESOLVED between CITY and CONSULTANT as follows: Section 1. Amend Section 2 of Page 1 of the October 24, 2003 personal services agreement to read: "Section 2. Term. This Amendatory Agreement shall commence on the effective date of this Amendatory Agreement and services required hereunder shall be completed upon final action for Tentative Tract 16146 by the City Council or June 30, 2005, whichever occurs first." Section 2. Amend Section 3 of Page 1 of the October 24, 2003 personal services agreement to read: "Section 3. Compensation. 3.1 Amount. Compensation shall be paid to CONSULTANT for work performed under the Scope of Work and at the hourly rates set forth in Exhibits A and B, attached and incorporated herein by reference." PDF created with FinePrint DdfFactory trial version httD://www.finer)rint.com U Amendatory Agreement Page 2 Section 3. Amend Section 13 of Page 4 of the October 24, 2003 personal services agreement to read: "Section 13. Indemnity. City agrees to protect, defend and hold harmless Consultant and any of its agents, employees and/or subcontractors working on this project from any claims, liabilities, expenses or damages arising from Consultant's performance of its duties hereunder within the applicable standard of care. However, if Consultant or its agents, representatives, subcontractors or employees perform below the applicable standard of care according to the finding or ruling of a California court, then Consultant will indemnify City for any and all expenses, liabilities, and or damages City suffers or incurs as a proximate result of this substandard performance, including attorneys' fees incurred to defend Consultant against claims relating to such performance." Section 4. All other terms and conditions of said agreements shall remain in full force and effect. o, ATTEST: CIT 0 CIV R,aL R. Monahan, City Clerk APPROVED AS TO FORM: John R. Sha , City Attorney Thomas Merrell, Consultant -2- PDF created with FinePrint DdfFactory trial version httr)://www.fineorint.com I SUMMARY OF SERVICES FOR THE CITY OF SAN JUAN CAPISTRANO The City of San Juan Capistrano is seeking a planner with extensive municipal planning experience to augment the Planning staff in the Citys Planning Department. The department needs an individual to perform as project manager on assigned development applications. Services to be provided include plans analysis, CEQA documentation, Determination of Completeness, Public Hearing Notification, coordinate schedules and issues with other departments and public agencies, reports and documentation and presentations to citizen groups, City commissions and the City Council. The scope of work includes managing the entitlement process for each development application assigned. Examples of work to be performed include: (1) coordinate with other staff and departments, (2) respond to direction of the department's administrative staff, (3) coordinate issues and schedules with other departments and public agencies, (4) coordinate site specific studies (i.e. traffic analysis, soils reports, parking studies, etc.,) making sure they are completed within the established project schedule; and (5) review plans for compliance with the City and State planning laws and CEQA; (6) prepare correspondence, staff reports, and resolutions/ordinances as required; and (7) make oral presentations on projects as required. Hourly Rate: See Exhibit B Availability: Attend public hearings on assigned cases ' Perform project management Summary of Services: Process management for assigned development applications ' Prepare environmental documentation ' Review plans, coordinate with other departments and prepare screen check letters to applicants Prepare staff reports, resolutions and draft ordinances as required Make oral presentations to approving bodies and citizen groups Other planning work as assigned EXHIBIT A C:\MyFiles\CONTRACTS\CSolutionssc Izo.wpd '8' 1013103 47...CIVIC SOLUTIONS, INC. 31726 RANCHO VIEJO RD SUITE 223 *'J SAN JUAN CAPISTRANO, CA 92675 PHONE(949)489-1442 FAX240-8068 www.civicsolutions.com SCHEDULE OF FEES Consulting Services Civic Solutions, Inc. will perform consulting services at the following hourly rates: Principal $145.00 Director of Municipal Services $135.00 Director of Planning Projects $135.00 Senior Project Manager $110.00 Senior Planner $95.00 Associate Planner $80.00 Assistant Planner $65.00 Planning Assistant $55.00 Planning Technician $45.00 Secretarial Services $35.00 Work performed on a time and materials basis will be billed monthly, and will be due within 15 days, or as otherwise specified in a consulting services agreement in which this fee schedule is made a part. Reimbursable Expenses Blue line reproduction of plans Large duplication or document publishing projects Specialized graphics projects Messenger and overnight delivery services Annual Adjustments to Fees When the above fee schedule is made a part of an on-call services contract, fees are subject to annual adjustments, unless otherwise specified in the consulting services agreement. City of San Juan Capistrano O