HomeMy WebLinkAboutAGENDA REPORT 1985 1202 CC REG ITEM 12DALBERT PRIETO
Mayor
JAMES D. WEAK
Mayor Pro Tem
THOMAS C. FERGUSON
Councilmember
DANNY A. WOOLARD
Councilmember
LETA YANCY- SUTTON
Councilmember
DORIS D. BANKUS
City Clerk
JOHN C. GEDNEY
City Treasurer
TO =
1:W It •
DATE =
MOORPARK
MEMORANDUM
The Honorable City Council
Steven Kueny, City Manager .4
November 26, 1985
S UB J E C T = Amended Agreement for Preparation of .
Safety Element of the General Plan
BACKGROUND
ITEM i2D
STEVEN KUENY
1 t \, R,}�Uer
y
CHERYL. J KANE
City Attorney
NIALL FRITZ
Directcr of
Community
Development
R DENNIS DELZEI?
City Engineer
JOHN V. GILLESPIE
Chief of Police
At your meeting of October 21, 1985, you accepted the proposal of Joel Silverman
& Associates for preparation of the Safety Element of the General Plan of the City
of Moorpark. Subsequently, we forwarded to JSA our standard form of agreement,
which had been approved by you previously and has been used in all of our
consultant agreements.
On November 7 JSA transmitted to the City an agreement which had been revised
in three places:
(1) Omitting a sentence from our Section 3.01, which provided that the
City would not pay for any expenses "deemed by the Director of Community
Development, at his sole discretion, to be unnecessary to the completion of the
project in a competent and workmanlike manner".
(2) Adding the following language at the end of Paragraph 7.02:
... "provided all outstanding invoices are paid."; and
(3) Deleting Paragraph 7.03, our standard hold harmless clause,
and renumbering the subsequent paragraphs.
As to Revision No. 1, Staff has no objection to the omission of the last sentence
of Section 3.01, since the contract price is all- inclusive, and we would not pay
the contractor for any work not within the scope of the contract.
. 99 Moorpark Avenue Moorpark, California 9'3(121 >~t i;r;r a
The Honorable City Council
Page 2
November 26, 1985
As to Revision No. 2, Staff suggests the following language be added at the end
of Paragraph 7.02 rather than that suggested by the Consultant:
" ... upon payment of the contract amount contained herein."
As to Revision No. 3, we consulted with the City Attorney and she agrees that
we should retain our hold harmless provisions, but sees no objections to our
adding a similar hold harmless provision on behalf of the Consultant.
The foregoing revisions have been made to the contract and a copy is attached
for your review and approval.
RECOMMENDATION:
1. Rescind action of October 21, 1985 approving the first agreement with Joel Silver-
man & Associates for preparation of the Safety Element of the General Plan.
2. Approve the attached agreement with Joel Silverman & Associates (JSA) for
preparation of the Safety Element of the General Plan of the City and
authorize the Mayor and City Clerk to execute same on behalf of the City.
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