Loading...
HomeMy WebLinkAboutMCB Consulting 06.18.2026AGREEMENT THIS AGREEMENT is made and entered into on the 18th day of June 2026 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and MCB CONSULTING (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: MCB CONSULTING will continue to provide long-range planning consult, annual local and state reporting requirements and implementation of the Town’s Housing Element. His work includes development application support, project tracking, preparation of required reports and housing data, maintenance of planning and land use records, GIS mapping, and management of planning-related databases and systems. The Parties acknowledge that Consultant possesses specialized expertise and is retained because of such expertise. Consultant shall exercise independent professional judgment in performing the Services. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of the Agreement: Proposal from CONTRACTOR dated June 10, 2026. In addition, the Consultant shall determine the method, details, and means of performing the Services. The Town shall have the right to monitor results and compliance with this Agreement but shall not control the manner and means by which the Services are performed. 3. TERMS. The services and/or materials furnished under this Agreement shall commence July 1, 2026, and shall be completed by June 30, 2027, unless terminated pursuant to Section 5(f). This is an auto-renewable annual contract. 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed One hundred and twelve thousand three hundred and twenty dollars and zero cents ($112,320.00) One Hundred Eight Thousand Dollars and Zero Cents ($108,000.00) with an average annual value of One Hundred Eight Thousand Dollars and Zero Cents ($108,000.00), upon completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. TOWN shall not reimburse for any of CONTRACTOR’s costs or expenses to delivery any services/goods. TOWN shall not be responsible for any interest or late charges on any payments from TOWN to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. d. Except as provided above, the TOWN shall provide all equipment (laptop or desktop computer, phone, and accessories), software, and all required support and maintenance necessary for the CONTRACTOR to perform the services under this Agreement. 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR’S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extend caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this agreement as follows: i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LAIBILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form personal injury, broad form personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two )2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The TOWN requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not including the wording “endeavor to” or “but failure to mail such notice shall impose no obligation or liability or any kind upon the company, its agents or representatives.” vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance, and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and v olunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by the TOWN upon 30 days written notice to CONTRACTOR. CONTRACTOR may cancel this Agreement at any time and without cause upon 30 days written notification to TOWN. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire.” Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer or copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. CONTRACT ADMINISTRATION. The TOWN hereby designates the Community Development Director and City Manager as Contract Administrators for this agreement. The CONTRACTOR shall only take direction regarding the services provided this Agreement from the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The Town may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. i. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the Contract Administrator at the address below. This Agreement shall become effective upon its approval and execution by the TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT ADMINISTARTOR and representative for TOWN: Cody Einfalt City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 ____________________ ____________________ Signature Date CONTRACTOR: Tim McBirney Contract Community Development Analyst MCB Consulting 317 Eugenia Ave. Unit 2N Madison, WI, 53705 _____________________ _____________________ Signature Date 01/07/2026 06/19/2026 MCB CONSULTING SCOPE OF SERVICES The Consultant shall provide professional planning, zoning, community development, and related advisory services to support the Town's Community Development Department. Services shall be provided at a rate of $51.78 $54.00 per hour and may be provided on an as-needed basis and shall include, but not be limited to, the following: 1. Zoning and Site Development Review and Administration The Consultant shall assist the Town with administration and implementation of the Municipal Code, General Plan, Housing Element, and other applicable land use regulations. Services may include: a. Review of planning permit applications, including but not limited to: • Site Development Permits • Design Review Applications • Accessory Dwelling Unit (ADU) Applications • Variances • Use Permits • Subdivisions and Lot Line Adjustments • Temporary Use Permits • Sign Permits and other zoning approvals b. Preparation of written project reviews, zoning analyses, and recommendations. c. Coordination with applicants, property owners, architects, engineers, consultants, and members of the public regarding development proposals and permit requirements. d. Attendance at project meetings, pre-application meetings, and public hearings as requested. e. Preparation of staff reports, resolutions, findings, conditions of approval, and related entitlement documents. f. Review and interpretation of zoning regulations, development standards, and land use policies. g. Coordination with other Town departments and outside agencies regarding project review and permit processing. h. Assistance with implementation of State housing laws, ADU regulations, and other land use mandates. 2. Community Development Department Administrative Activities The Consultant shall provide administrative and operational support to assist in the effective functioning of the Community Development Department. Services may include: a. Customer service and public appointment support, including responding to inquiries regarding planning and development regulations. b. Management and tracking of permit applications and development projects. c. Coordination of project routing and interdepartmental review processes. d. Preparation of correspondence, notices, public hearing materials, and project status updates. e. Assistance with agenda preparation and meeting administration for the Planning Commission, City Council, and advisory committees. f. Development and maintenance of application forms, checklists, procedures, and informational materials. g. Assistance with records management and implementation of document retention procedures. h. Review and refinement of departmental workflows, permit processing procedures, and customer service practices. 3. Long-Range Planning and Policy Development The Consultant shall provide planning policy, strategic planning, and implementation services to support Town goals and regulatory compliance. Services may include: a. Preparation, amendment, and implementation of General Plan elements, Specific Plans, Housing Elements, and other planning documents. b. Research and analysis of planning, housing, environmental, and land use policy issues. c. Drafting and processing of zoning code amendments, ordinance updates, and policy documents. d. Assistance with implementation of State housing, planning, and environmental legislation. e. Development of planning studies, background reports, and policy recommendations. f. Facilitation of stakeholder meetings, public workshops, community outreach programs, and advisory committee meetings. g. Preparation of grant applications and implementation of grant-funded planning initiatives. h. Assistance with Housing Element implementation programs, housing policy initiatives, and fair housing requirements. i. Evaluation and development of permit streamlining measures, development standards, and process improvements. 4. Community Development Department Analytics and Reporting The Consultant shall assist the Town with data collection, performance monitoring, and reporting activities related to planning and community development functions. Services may include: a. Collection, analysis, and reporting of permit processing data and development activity metrics. b. Preparation of departmental performance measures and workload analyses. c. Development of permit tracking reports, project status reports, and implementation dashboards. d. Monitoring and reporting on Housing Element implementation programs and Regional Housing Needs Allocation (RHNA) progress. e. Preparation of annual reports, state-required reporting documents, and compliance submissions. f. Analysis of development trends, permit activity, housing production, and demographic information. g. Preparation of Planning Commission and City Council informational reports regarding departmental activities and performance. h. Development of recommendations to improve permit processing efficiency, customer service, and departmental operations. 5. Additional Services The Consultant may perform other planning, zoning, community development, housing, environmental review, project management, or related professional services as authorized by the Town and mutually agreed upon by the parties. Services may be performed remotely or on-site as directed by the Town and may include attendance at meetings during regular business hours or evenings as necessary to support Town operations. MCB Consulting_Town of Los Altos Hills_ Contract Services Agreement Final Audit Report 2026-10-01 Created:2026-06-24 By:Behrouz Amirbadvy (bamirbadvy@losaltoshills.ca.gov) Status:Signed Transaction ID:CBJCHBCAABAAML74jTPjzDL-BlSyaIJYTJW9Z72uS5nd "MCB Consulting_Town of Los Altos Hills_ Contract Services Ag reement" History Document created by Behrouz Amirbadvy (bamirbadvy@losaltoshills.ca.gov) 2026-06-24 - 11:32:34 PM GMT Document emailed to Timothy McBirney (tmcbirney@losaltoshills.ca.gov) for signature 2026-06-24 - 11:32:39 PM GMT Email viewed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-06-24 - 11:32:48 PM GMT Email viewed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-07-02 - 2:26:32 AM GMT Email viewed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-07-09 - 2:17:40 AM GMT Email viewed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-07-16 - 1:56:34 AM GMT Email viewed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-07-23 - 1:44:43 AM GMT Email viewed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-07-30 - 1:41:01 AM GMT Email viewed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-08-06 - 1:32:05 AM GMT Email viewed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-08-13 - 1:26:53 AM GMT Email viewed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-08-20 - 1:14:43 AM GMT New document URL requested by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-10-01 - 5:46:13 PM GMT Email viewed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) 2026-10-01 - 5:46:22 PM GMT Document e-signed by Timothy McBirney (tmcbirney@losaltoshills.ca.gov) Signature Date: 2026-10-01 - 5:56:52 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Document emailed to Cody Einfalt (ceinfalt@losaltoshills.ca.gov) for signature 2026-10-01 - 5:56:54 PM GMT Email viewed by Cody Einfalt (ceinfalt@losaltoshills.ca.gov) 2026-10-01 - 6:13:03 PM GMT Document e-signed by Cody Einfalt (ceinfalt@losaltoshills.ca.gov) Signature Date: 2026-10-01 - 6:13:36 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Agreement completed. 2026-10-01 - 6:13:36 PM GMT