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HomeMy WebLinkAboutAGENDA REPORT 1985 0819 CC REG ITEM 12CALBERT 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 MOORPARK STEM 120 MEMORANDUM STEVEN KUENY City Manager CHERYL J. KANE City Attorney NIALL FRITZ Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police TO = The Honorable City Council FROM = Richard Morton, Interim Planning Director DATE = August 14, 1985 S UB.-T E C T = AGREEMENT WITH HAWKS & ASSOCIATES FOR TR- 3070 -5 (revised) AND MAJOR AND MINOR MODIFICATIONS TO PD -857 (U.S. CONDOMINIUM) BACKGROUND: The attached proposal from Hawks & Associates provides for the costs for the scope of work for revised TR- 3070 -5 which also involves major and minor modifications to the conditions of PD -857 which was approved in 1963. To permit processing of this project in an expeditious manner, the applicant has requested that the City engage Hawks & Associates to perform the necessary services. RECOMMENDED ACTION: Approve the contract with Hawks & Associates to provide staff services for the referenced project in the estimated amount of $1600 and authorize the Mayor and City Clerk to sign the contract upon applicants deposit of funds. RM:mjr 0 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 TR. 3070 -5 PROPOSED SCOPE OF WORK MAJOR AND MINOR MODIFICATION Additional P.C. hearings, staff meetings, or P.C. assignments related to Tr. 3070 -5 will be identified as extras and billed accordingly. EXHIBIT TASK HOURS COST 1. Preparation of public notice - Legal notice /map 3 $ 120 2. Preparation of project summary /history 22 100 3. Summarize Council direction to developer 3 120 4. Identify dev. requests linked to existing Condition 32 140 5. Evaluate new Condition from P. Wks.,and Fire and modify existing Condition 42 180 6. Prepare recommendation /Conditions 6 160 7. Meeting with staff and dev. to review project 32 140 8. Two P.C. meetings 8 320 9. Two C.C. meetings 6 240 40 $1,600 Additional P.C. hearings, staff meetings, or P.C. assignments related to Tr. 3070 -5 will be identified as extras and billed accordingly. EXHIBIT CONTRACT FOR SERVICES THIS AGREEMENT, made and entered into this day of Auqurt. , 198 5 , between the CITY OF MOORPARK, CALIFORNIA, a municipal corporation, hereinafter referred to as "City ", and HAWKS & ASSOCIATES , an independent contractor, hereinafter referred to as "CONTRACTOR" -- ARTICLE 1. TERM OF CONTRACT Section 1.01. This agreement will become effective on 1985, and will continue until stipulated services have been completed. ` ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services Section 2.01. Contractor agrees to perffQ m the servic specified for Tract 3070 -5 and major and minor modirfications to in the "Proposal for Services" attached to this agreement and designated as EXHIBIT "A". Method of Performing Services Section 2.02. Contractor will determine the method, details and means of performing the above - described services. Responsible Employee in Charge Section 2.03. r.arl T. RnWIPW will serve as the employee of Contractor principally responsible for execution of the Contractor's obligations under this Agreement and shall serve as principal liason between City and Contractor. ARTICLE 3. COMPENSATION Amount of Compensation Section 3.01. As sole and complete consideration for the services to be performed by Contractor, City agrees to pay Contractor on a time and materials basis in accordance with EXHIBIT "A ". All costs are estimates not to be exceeded. -1- Contractor's invoices to City shall include an itemization of expenditures as required by City. The City shall not pay any fee or reimburse any expense 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. Payment of Compensation Section 3.02. Contractor shall submit to City a written statement of services rendered at the end of each month during which services are performed. City agrees to pay amount due to Contractor for services within thirty (30) days following receipt of said statements of services. 5 ARTICLE 4. OBLIGATIONS OF CONTRACTOR Non - exclusive Representation Section 4.01. Contractor agrees to devote the number of hours necessary to perform the above - described services in a competent and workmanlike manner. Contractor may represent, perform services for, and be employed by, such companies and governmental entities as Contractor, in Contractor's sole discretion, sees fit, with the exception of any firm or individual which has an approved permit or land use entitlement from the City, has applied for such entitlement within the past twelve (12) months, or has such application or entitlements request pending, provided that such commitments entered into prior to the effective date of this contract may be fulfilled. Performance of On- Premises Services Section 4.02. Contractor agrees to perform any of the above - described services required to be performed on City's premises during City's regular business hours, unless otherwise mutually agreed by City and Contractor. Legal Responsibilities Section 4.03. Contractor shall secure, pay for and maintain in full force and effect for the duration of this agreement, any City business license which the City of Moorpark may require for the type of business activity Contractor will conduct hereunder. In addition, Contractor shall keep himself informed of, and shall comply with, all federal, state and local laws and regulatioi.s which in any manner affect his performance under this agreement. -2- J Assignment Section 4.04. Neither this agrement nor any duties or obligations under this agreement may be assigned by Contractor without the prior written consent of City. ARTICLE 5. OBLIGATIONS OF CITY Cooperation of City Section 5.01. City agrees to comply with all reasonable requests of Contractor relative to, and to provide access to all documents reasonably necessary for, the performance of Contractor's duties under this agreement. Place of Work Section 5.02. City agrees to furnish space on the premises of City Hall for use by Contractor while performing any of the above - described services required to be performed on City's premises. ARTICLE 6. TERMINATION OF AGREEMENT Termination Upon Notice Section 6.01. The City may terminate this Agrement upon giving a twenty -four (24) hour written notice and the Contractor may terminate this Agreement upon giving thirty (30) days' written notice. In the event of such termination, Contractor shall be entitled to reimbursement for all fees and expenses incurred prior to the effective date of such notice. It Termination Upon Assignment Section 6.02. Notwithstanding any other provision of this agreement, the agreement shall terminate automatically without prior notice upon the assignment of the agreement by the Contractor without the prior written consent of City. ARTICLE 7. GENERAL PROVISIONS Independent Contractor Section 7.01. Contractor is and at all times shall remain as to City a Wholly independent contractor. Contractor shall not, at any time or in any manner, represent that he is an officer, employee or agent of the City. Contractor shall comply with all applicable provisions of the Workers' Compensation Insurance and Safety Acts and Labor Code of the State of California. Ownership of Documents Section 7.02. Upon completion of any writing required to be provided by Contractor in Lhe course of performing any of the above - described services, or upon sooner termin,�tion of Lhis agreement, all original documents prepared by Contractor shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Contractor. Hold Harmless Section 7.03. Contractor agrees to indemnify, save, keep and hold harmless City and all of its officers and employees from all claims, actions, suits, damages, costs or expenses in law or equity, including costs of suit and expenses for legal services, that may at any time arise or be set up because of damage to property or injury or death to persons received or suffered by reason of, or arising out of, any act on the part of Contractor in regard to any function or activity carried out by contractor on behalf of City pur- suant to the terms of this agreement. Notices Section 7.04. Any notice to be, given hereunder by either party to the other shall be effected either by personal delivery in writing, or by certified mail, postage pieepaid, return receipt re- quested. Mailed notices shall be addressed to the City in care of the City Manager, 799 Moorpark Avenue, Moorpark, California 93021 and to Contactor at 2590 E. Main Street, Suite 201 Ventura, CA TTUUFS- however, each party may change the address by written notice in accordance with this section. Notices delivered personally will be deemed served as of actual receipt; mailed notices will be deemed served as of the second (2nd) day after mailing. Entire Agreement of the Parties Section 7.05. This agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor to City and contains all of the covenants and agreements between the parties::with respect-to the rendering of such services in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not con- tained in this agreement shall be valid or binding. Any modification of this agreement will be effective only if it is in writing signed by the party to be charged. Governing Law Section 7.06. This agreement shall be governed by and con- strued in accordance with the laws of the State of California. /Attorney's Fees Section 7.07. Should either tarty hereto institute any action or proceeding of any nature whatsoever in a court- of law, equity, or otherwise to enforce any provision of this agreement or for a declaration of such party's rights or obligations hereunder or for any other remedy, the prevailing party shall be entitled to receive from the losing party its costs, including such amount as the Court or arbitration panel may adjudge to be reasonable attorney's fees for the services rendered the party finally prevailing in any such action or proceeding. Unless judgment goes by default, the attorney fee award shall not be computed in accordance with any court schedule, but shall be such as to fully reimburse the prevailing party for all its /their attorney's fees actually incurred in good faith, regardless of the amount of such judgment, it being the intention of the parties to fully compensate the prevailing party for all attorney's fees paid or incurred in good faith. Venue Section 7.06. This agreement is made, entered into, executed and is to be performed in Moorpark, Ventura County, California, and any action filed in any court or for arbitration for the inter- pretation, enforcement and /or otherwise of the terms, covenants and conditions referred to herein shall be filed in the applicable court in Ventura County, California. City's Agent Section 7.09. -The Moorpark Director of Community Develop- ment shall have the right to review, coordinate and approve all work to be performed by Contractor pursuant to the terms of this agreement and shall be the City's agent with respect to review, coordination, and approval of the services to be performed by the Contractor. EXECUTED in duplicate at Moorpark, California, on the date and year first hereinabove written. HAWKS & ASSOCIATES (Name of Contractor) By Title And by Title C O N T R A C T O R (Notarial Certificates attached) CITY OF MOORPARK, CALIFORNIA a municipal corporation by ATTEST: Its Mayor City Clerk C I T Y (SEAL)