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HomeMy WebLinkAboutR-2006-018 Shockey Brent, Inc. AgreementRESOLUTION NO. R-2006-18 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Consultant Agreement for Professional Services with Shockey Brent, Inc., to provide professional assistance to the City of Yakima Planning Division during preparation of the 2006 Yakima Urban Area Comprehensive Plan update, required by the Growth Management Act, that must be submitted to the State no later than December, 2006. WHEREAS, the Washington Growth Management Act (GMA) requires the City of Yakima to update the Yakima Urban Area Comprehensive Plan by no later than December, 2006; and WHEREAS, Alvin Leung, Senior Planner with the City of Yakima Planning Division, has worked specifically on this Comprehensive Plan update for the past two years; and WHEREAS, Alvin Leung is resigning from the City of Yakima Planning Department on February 28, 2006 and will not complete the Comprehensive Plan update prior to that date; and WHEREAS, the remaining City of Yakima Planning Division staff are unable to devote the time necessary to complete the Comprehensive Plan update before the due date of December, 2006 because they are fulfilling the immediate responsibilities of that division under the existing planning workload requirements; and WHEREAS, the City Planning Division requires professional assistance from a technically experienced consultant to assist in the ongoing work of completing the City of Yakima's Comprehensive Plan update by the due date of December, 2006; and WHEREAS, Shockey Brent, Inc. has agreed to provide the necessary professional assistance to the City Planning Division to review the current status of the update, provide technical information and advice and resolve specific issues necessary to complete the update as required; and WHEREAS, the professional services provided under this agreement are in addition to, and do not include, the professional services Shockey Brent, Inc. is already providing to the City under a previous contract with the City concerning SEPA compliance with the Comprehensive Plan update ; and WHEREAS, Shockey Brent, Inc. agrees to provide these additional professional services for preparation of the GMA Comprehensive Plan update in accordance with the attached Consultant Agreement for Professional Services; and WHEREAS, Shockey Brent, Inc. will be compensated for the services provided under the Consultant Agreement for Professional Services with the funds that will be saved from the salary already budgeted for the vacant Senior Planner position salary; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of the attached Consultant Agreement with Shockey Brent, Inc., to provide the specified professional services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES" with Shockey Brent, Inc., to provide professional technical assistance to the City Planning Division during the review, research, planning and drafting of the 2006 GMA required Comprehensive Plan update that is required to be completed and filed by December, 2006. The City Attorney has approved the final form of the Agreement. ADOPTED BY THE CITY COUNCIL this 21st day of February 2006. ATTEST: City Clerk avid Edler, Mayor CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES for City of Yakima, Washington nt, This agreement is made and entered into on this 1c' day of SIA re.J 2006, between the City of Yakima, Washington, hereinafter referred to as CLIENT, and SHOCKEY/BRENT, Inc., 2716 Colby Avenue, Everett, Washington 98201, hereinafter referred to as CONSULTANT. CLIENT and CONSULTANT for mutual consideration hereinafter set forth, agree as follows: I. OBJECTIVES The CLIENT is updating its comprehensive plan in compliance with the Washington Growth Management Act (GMA). The updated plan must be completed and submitted to the State no later than December 2006. A program to complete this update is currently underway by the Yakima Department of Community and Economic Development. Due to the senior city planner position vacancy as of February 28, 2006, the Code Administration and Planning Division requests planning service assistance for the 2006 Yakima Urban Area Comprehensive Plan (UACP) update. The Consultant is currently under separate contract with the Client to assist with SEPA compliance for the Plan update. CLIENT is retaining the services of the CONSULTANT to oversee both efforts to ensure the guidelines for an integrated document are achieved. II. SCOPE OF SERVICES The CONSULTANT agrees to perform certain consulting, planning studies, and/or advisory services for the CLIENT. These tasks are outlined as follows: 1. Review Comprehensive Plan update work performed to date by City Staff. Consult with management and planning Staff to ascertain the current status of the Plan update and the schedule for completion. 2. Review status of new regulations, Best Available Science, Reasonable Measures GMHB decisions, court decisions, changed circumstances, past docket requests and recent public workshops to confirm that required elements of the Plan update are in process. 3. Assist in resolving the following questions: a. What sections need updating? b. What information is currently available? c. What additional information is necessary? d. What resources are necessary to get the information? (jc) / Consultant Services Agreement Page 1 Shockey/Brent, Inc. 4. Based on the foregoing, assist the Plan -drafter to consolidate information into a draft UACP update. 5. Attend meetings as requested by the City to accomplish the requirements of the UACP update. 6. Coordinate integration of the UACP document with the SEPA documents being prepared for this effort. The scope of services to be provided under this agreement shall not include services related to development of the SEPA elements of the UACP update. Consultant's SEPA compliance responsibilities are covered under a separate agreement. III. PAYMENT a. As compensation for these services CLIENT agrees to pay CONSULTANT hourly rates and direct expenses in accordance with and identified in the Fee Schedule that is attached hereto as Attachment A and incorporated herein by this reference. The maximum total fees and expenses payable by the CITY to the CONSULTANT under this contract shall not exceed Fifty Two Thousand Nine Hundred Ninety -Four Dollars and Sixty Nine Cents ($52,994.69) b. No payment shall be made for any work performed by the CONSULTANT, except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract. c. The CONSULTANT may, in accordance with Exhibit B, submit invoices to the CITY not more often than once per month during the progress of the work for partial payment of work completed to date. Invoices shall cover the time CONSULTANT performed work for the CITY during the billing period. The CITY shall pay the CONSULTANT for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of receipt of billing. d. The CONSULTANT shall not be paid for services rendered under the CONTRACT unless and until they have been performed to the satisfaction of the CITY. e. In the event the CONSULTANT has failed to perform any substantial obligation to be performed by the CONSULTANT under this Contract and such failure has not been cured within ten (10) days following notice from the CITY, then the CITY may, in its sole discretion, upon written notice to the CONSULTANT, withhold any and all monies due and payable to the CONSULTANT, without penalty until such failure to perform is cured or otherwise adjudicated. "Substantial" for purposes of this Contract means faithfully fulfilling the terms of the contract with variances only for technical or minor omissions or defects. f. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, the CONSULTANT will not be paid for any billings or invoices presented for payment prior to the execution of the Contract or after its termination. IV. RETAINER Retainer is waived for CLI I -NT. (jc) / Consultant Services Agreement Page 2 Shockey /Brent, Inc. V. STANDARD PROVISIONS 1. TERM OF CONTRACT The term of this Contract shall begin on the date last executed below, and shall terminate upon completion of all services required hereunder by the Consultant unless terminated earlier by the City in accordance with paragraph 6 of this Section of this Contract. 2. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: a. For CONSULTANT: Name of Representative: Reid H. Shockey Title: President Mailing Address: 2716 Colby Avenue City, State and Zip Code: Everett, WA 98201 Telephone Number: 425-258-9308 Fax Number: 425-259-4448 E-mail Address: rshockey@shockeybrent.com b. For CITY: Name of Representative: Doug Maples Title: Code Administration and Planning Manager Mailing Address: 129 North Second Street City, State and Zip Code: Yakima, WA 98901 Telephone Number: 509 575-6121 Fax Number: 576-6576 E-mail Address: dmaples@ci.yakima.wa.us 3. AMENDMENTS AND CHANGES IN WORK a. In the event of any errors or omissions by the CONSULTANT in the performance of any work required under this Contract, the CONSULTANT shall make any and all necessary corrections without additional compensation. All work submitted by the CONSULTANT shall be certified by the CONSULTANT and checked for errors and omissions. The CONSULTANT shall be responsible for the accuracy of the work, even if the work is accepted by the CITY. b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment, signed by both parties and attached to this Contract. Work (jc) / Consultant Services Agreement Page 3 Shockey/Brent, Inc. under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the CITY. 4. HOLD HARMLESS AND INDEMNIFICATION a. The CONSULTANT shall hold harmless, indemnify and defend the CITY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorneys fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the CONSULTANT'S acts, errors or omissions in the performance of this Contract. Claims shall include, but not be limited to, claims that information supplied by the CONSULTANT infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that the CONSULTANT'S obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the CITY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONSULTANT'S obligations hereunder shall apply only to the percentage of fault attributable to the CONSULTANT, its employees or agents. b. In any and all claims against the CITY, its officers, officials, employees and agents by any employee of the CONSULTANT, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONSULTANT under Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the CONSULTANT expressly waives any immunity the CONSULTANT might have had under such laws. By executing the Contract, the CONSULTANT acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the CONSULTANT makes with any CONSULTANT or agent performing work hereunder. c. The CONSULTANT'S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the CONSULTANT, the CONSULTANT'S employees, or agents. 5. INSURANCE a. Workers' Compensation: The CONSULTANT shall maintain workers' compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to the CITY. If the CONSULTANT has employees, the CONSULTANT shall request the Washington State Department of Labor and Industries, Workers' Compensation Representative, send written verification to CITY that the CONSULTANT is currently paying Workers' Compensation. b. Commercial General Liability: The CONSULTANT shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no less than $2,000,000. i. The CONSULTANT shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. (jc) / Consultant Services Agreement Page 4 Shockey /Brent, Inc. Specialized forms specific to the industry of the CONSULTANT will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. The CONSULTANT'S Commercial General Liability insurance shall include the CITY, its officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the CITY as an additional insured. iii. The CONSULTANT shall furnish the CITY with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the CITY as an additional insured. iv. If the CONSULTANT'S liability coverage is written as a claims made policy, then the CONSULTANT must evidence the purchase of an extended reporting period or "tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. v. If the Contract is over $50,000 then the CONSULTANT shall also maintain Employers Liability Coverage with a limit of not less than $1 million. c. +l I bile Liability: The CONSULTANT shall ma Liability insurance with a limit •....- and Property Damages. e - . ge shall include owned, hire o n d. Other Insurance Provisions: =„1 111,111 1 1 r • • • ie , each accident combined Bodily Injury *. a -I ed automobiles. i. The CONSULTANT'S liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the CITY, its elected and appointed officers, officials, employees and agents. ii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or agents. iii. The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv. The CONSULTANT shall include all subconsultants as insureds under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants shall be subject to all of the requirements stated herein. v. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification. vi. The CONSULTANT shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced. e. Verification of Coverage and Acceptability of Insurers: The CONSULTANT shall place insurance with insurers licensed to do business in the State of Washington and having A.M. (jc) /Consultant Services Agreement Page 5 Shockey/Brent, Inc. o (60 *-A5 Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re -insurers licensed in the State of Washington. i. Certificates of Insurance shall show the Certificate Holder as CITY OF YAKIMA and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department. ii. Written notice of cancellation or change shall be mailed to the City's Contract Representative identified in Section 4 of this Contract iii. The CONSULTANT shall furnish the CITY with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the CITY. iv. The CONSULTANT or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the CITY. 6. TERMINATION a. The CITY may terminate this Contract in whole or in part whenever the CITY determines, in its sole discretion, that such termination is in the best interests of the CITY. The CITY may terminate this Contract upon giving thirty (30) days written notice by Certified Mail to the CONSULTANT'S Contract Representative. In that event, the CITY shall pay the CONSULTANT for all costs incurred by the CONSULTANT in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section III of this Contract. b. In the event that funding for this project is withdrawn, reduced or limited in any way after the effective date of this Contract, the CITY may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the CITY to the CONSULTANT. After the effective date, no charges incurred under this Contract are allowable. c. If the CONSULTANT breaches any of its obligations hereunder, and fails to cure the breach within ten (10) days of written notice to do so by the CITY, the CITY may terminate this Contract, in which case the CITY shall pay the CONSULTANT only for the costs of services accepted by the CITY, in accordance with Section III of this Contract. Upon such termination, the CITY, at its discretion, may obtain performance of the work elsewhere, and the CONSULTANT shall bear all costs and expenses incurred by the CITY in completing the work and all damage sustained by the CITY by reason of the CONSULTANT'S breach. 7. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING a. The CONSULTANT shall perform the terms of the Contract using only its bona fide employees or agents, and the obligations and duties of the CONSULTANT under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the CITY. (jc) / Consultant Services Agreement Page 6 Shockey /Brent, Inc. b. The CONSULTANT warrants that it has not paid nor has it agreed to pay any company, person, partnership, or firm, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 8. NON -WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time. 9. INDEPENDENT CONSULTANT a. The CONSULTANT'S services shall be furnished by the CONSULTANT as an Independent CONSULTANT and not as an agent, employee or servant of the CITY. The CONSULTANT specifically has the right to direct and control CONSULTANT'S own activities in providing the agreed services in accordance with the specifications set out in this Contract. b. The CONSULTANT acknowledges that the entire compensation for this Contract is set forth in Section III of this Contract, and the CONSULTANT is not entitled to any CITY benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to CITY OF YAKIMA employees. c. The CONSULTANT shall have and maintain complete responsibility and control over all of its subconsultants, employees, agents, and representatives. No subconsultant, employee, agent or representative of the CONSULTANT shall be or deem to be or act or purport to act as an employee, agent or representative of the CITY. d. The CONSULTANT shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any City, federal or state legislation which is now or may be enacted during the term of this Contract as to all persons employed by the CONSULTANT and as to all duties, activities and requirements by the CONSULTANT in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations. e. The CONSULTANT agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do so from the CITY'S Contract Representative or designee. 10. COMPLIANCE WITH LAWS The CONSULTANT shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 11. INSPECTION OF BOOKS AND RECORDS The CITY may, at reasonable times, inspect the books and records of the CONSULTANT relating to the performance of this Contract. The CONSULTANT shall keep all (jc) / Consultant Services Agreement Page 7 Shockey /Brent, Inc. records required by this Contract for six (6) years after termination of this Contract for audit purposes. 12. NONDISCRIMINATION The CONSULTANT, its assignees, delegatees or subconsultants shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400. 13. OWNERSHIP OF MATERIALS/WORK PRODUCED a. Material produced in the performance of the work under this Contract shall be as works for hire as defined by the U.S. Copyright Act of 1976 and shall be owned by the CITY. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The CITY agrees that if it uses any materials prepared by the CONSULTANT for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the CONSULTANT harmless therefore to the extent such use is agreed to in writing by the CONSULTANT. b. An electronic copy of all or a portion of material produced shall be submitted to the CITY upon request or at the end of the job using the word processing program and version specified by the CITY. 14. DISPUTES Differences between the CONSULTANT and the CITY, arising under and by virtue of this Contract, shall be brought to the attention of the CITY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due the CONSULTANT shall be decided by the CITY'S Contract Representative or designee. All rulings, orders, instructions and decisions of the CITY'S Contract Representative shall be final and conclusive, subject to the CONSULTANT'S right to seek judicial relief pursuant to paragraph 15 of this Section. 15. CHOICE OF LAW, JURISDICTION AND VENUE a. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. b. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in the CITY OF YAKIMA, Washington. 16. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be (jc) / Consultant Services Agreement Page 8 Shockey I Brent, Inc. affected, and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. b. If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. Should the CITY determine that the severed portions substantially alter this Contract so that the original intent and purpose of the Contract no longer exists, the CITY may, in its sole discretion, terminate this Contract. 17. NOTICES Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in paragraph 2 of this Section. Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be deemed to be given three days following the date of mailing or immediately if personally served. For service by facsimile, service shall be effective upon receipt during working hours. If a facsimile is sent after working hours, it shall be effective at the beginning of the next working day. 18. ENTIRE AGREEMENT The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. V. AUTHORIZED SIGNATORS SHOCKEY/BRENT, INC. By: 4._ . Shockey, AICP, President Date: 3(t (04 City of Yakima By: R. A. Zai , Jr., ity Manager Date: 00 ®6, City Contract No. 6RD06 Resolution No. -a(�>�a -/ef (jc)/Consultant Services Agreement Page 9 Shockey/Brent, Inc. SHOCKE BRENT, INC. t, AICP, Vice President -4etkt /4-tt drit ATTACHMENT A SCHEDULE OF 2006 PROFESSIONAL SERVICE FEES SERVICES CLASSIFICATION HOURLY RATE Managing Principal $155.00 Senior Associate $130.00 Senior Planner $95.00 Wetland Scientist $95.00 Environmental Planner $90.00 Planner $90.00 Design Planner $85.00 Associate Planner $70.00 Technical Support $65.00 Clerical $48.00 Expert Witness: Consulting & Preparation Time Standard Hourly Rates Court Proceedings & Depositions (4 -hour minimum) Rate x 1.5 EXPENSES DIRECT EXPENSES ITEM RATE Single Page Copies No Charge Bulk Copies $ .15 per page Mileage $ .37 per mile FAX Copies $ .32 per page Authorized Subconsultants Cost plus 10% Outside Services (printing, etc.) Cost plus 10% CADD Station $10.00 per hour Plan Sheet Prints $1.50 each Final Plotting Fee $30.00 per sheet Living & Travel Expenses (outside of service area) Cost plus 10% (jc) / Consultant Services Agreement Page 10 Shockey 1 Brent, Inc. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. b For Meeting of February 21, 2006 ITEM TITLE: Consideration of resolution authorizing a contract with Shockey Brent, Inc. to provide planning services to the City of Yakima. SUBMITTED BY: (\j itilam R. Cook, Director, Community and Economic Development �J epartment CONTACT PERSON/TELEPHONE: Doug Maples, Manager, Code Administration and Planning Division (575-6121) SUMMARY EXPLANATION: The City of Yakima's Senior Planner, Alvin Leung, has given notice that he will be resigning as of February 28, 2006, to move to the west side of the State. The Senior Planner's position has focused primarily, over the past two years, on the development of the 2006 Yakima Urban Area Comprehensive Plan update. Our present planning staff has assisted but their main focus has been and must continue to be on the heavy workload of current planning projects. By this resolution we are requesting Council approval to spend salary savings that will result from the resignation of Mr. Leung to fund a professional service contract with Shockey Brent, Inc. a land use and environmental firm while we search for a permanent replacement for the vacancy. This contract will allow the City to continue the work necessary to meet the State's mandatory December 2006 deadline for completing our Growth Management Act (GMA) Comprehensive Plan update. Our experience over the past five years shows that recruiting and filling a vacant Senior Planner position can take six to ten months. Attached for City Council consideration is a proposed professional services contract with Shockey Brent, Inc., a land use and environmental firm. Under the contract, the firm would assist the Code Administration and Planning Division with the continued progress on the Comprehensive Plan update for compensation not to exceed $52,994.69. Resolution X Ordinance _ Other (Specify)_ Contracts Prof. Serv. Agreement Mail to (name and address): Phone: Funding Source Salary savings from the vacant Senior Planner position APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass resolution and authorize contract BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-18