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HomeMy WebLinkAboutAGENDA REPORT 1986 1020 CC REG ITEM 10QTHOMAS C. FERGUSON Mayor DANNY A. WOOLARD Mayor Pro Tern JAMES A. HARTLEY Councilmember ALBERT PRIETO Councilmember LETA YANCY - SUTTON Councilmember THOMAS P. GENOVESE City Treasurer TO = F ROM = D AT E = SUB'TECT = BACKGROUND MOORPARK MEMORANDUM The Honorable City Council Michael A. Rubin, Senior Planne October 16, 1986 REVISION TO PLANNING SERVICES CONTRACT (Sage Institute /Carol Waldrop) I TEM 1 OQ STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Due to the magnitude of the staff processing for Tentative Tract Map No. 3049 and RPD No. 1057 (U.S. Condominium), 93 -lot, single - family, hillside subdivision, a contract case planner was hired to expedite the staff processing. A contract for consultant services was approved by the Council and executed on April 11, 1986. The project necessitated a major revision in August of this year, due to its change from 93 townhomes to 93 single - family (detached) units. Therefore, a complete new processing of the project was required, and a new contract with the same consultant is necessary as well. The contract is not to exceed $5,000 (see attached contract). This amount will be reimbursed by the applicant, U.S. Condominium Corporation. The contract specifies that the City is contracting with Carol Waldrop for her services solely, and not the firm of Sage Institute in general. RECOMMENDED ACTION Approve the contract for consultant services with Carol Waldrop. MAR:igb Attachment 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CONTRACT FOR SERVICES THIS AGREEMENT, made and entered into this day of , 19 , between the CITY OF MOORPARK, CALIFORNIA, a municipal corporation, hereinafter referred to as "CITY", and Carol Waldrop , an independent contractor, hereinafter referred to as "CONTRACTOR" -- ARTICLE 1. TERM OF CONTRACT SECTION 1.01. This agreement will become effective on , 19 , 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 perform the services specified for the review of subdivision develoument glans for Tract 3049 (U.S. Condominium Corporation). 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. Carol Waldrop will serve as the employee of Contractor obligations under this City and Contractor. principally responsible for execution of the Contractor's Agreement and shall serve as principle liaison between 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 in accordance with "EXHIBIT A" attached hereto. Should an Environmental Impact Report ( EIR) be deemed necessary, such EIR, or any other tasks not specifically obligated to in "EXHIBIT A", shall be billed on a time and materials basis, and a "not to exceed" figure to be agreed to by both parties. 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. -1- Payment of Compensation Section 3.02. Contractor shall submit to City a written statement of services rendered in accordance with the following payment schedule: PER EXHI$ IT A City agrees to pay the amount due to Contractor for services within thirty (30) days following receipt of said statements of services. 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 work- manlike 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 entitlement 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 in City's premises during City's regular business hours, unless otherwise mutually agreed by City and Contrctor. 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 Contractr will conduct hereunder. In addition, Contractor shall keep himself informed of, and shall comply with, all federal, state and local laws and regula- tions which in any manner affect his performance under this agreement. Assignment Section 4.04. Neither this agreement, nor any duties or obligations under this agreement, may be assigned by Contractor without the prior written consent of City. -2- ARTICLE 5. OBLIGATIONS 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 Section 6.01. The City may terminate this Agreement 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. 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' Compensa- tion Insurance and Safety Acts and the 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 the course of performing any of the above - described services, or upon sooner termination of this agreement, all original documents prepared by Contractor shall become the sole property of the 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, -3- 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 pursuant 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 prepaid, return receipt requested. Mailed notices shall be addressed to the City in care of the City Manager, 799 Moorpark Avenue, Moorpark, California 93021, and to Contractor at 5743 Corsa Avenue, Suite 111, Westlake Village, CA 91362 ; however, each party may change the address by written notice in accordance with this section. Notices delivered personally 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 in connection with the preparation of the Subdivision and Development Plans Review , 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 part or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained 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 construed in accordance with the laws of the State of California. Attorney's Fees Section 7.07. Should either party 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 arbitrarion 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. -4- Venue Section 7.08. 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 interpretation, 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 Development shall have the right to review, coordinate and approve all work to be per- formed 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. ( Notarial Service Attached) -5- (Name of Contractor) By Title And By Title CONTRACTOR CITY OF MOORPARK, CALIFORNIA a Municipal Corporation LE ATTEST: Its Mayor City Clerk C =TY (SEAL) 5743 CORSA AVENUE, SUITE 209 WESTLAKE VILLAGE, CALIFORNIA 91362 805 / 497 -8557 818/ 991 -0646 SAGE IFISTITUTE Ii1E. EX H I$ I T A MEMORANDUM TO: STEVEN KUENY , City Manager , C i t_v of Moorpark FROM: CAROL WALDROP DATE: Revised - August 26, 1986 SUBJECT: U.S. Condominium, Tract 3049 The following represents a proposal for extended services to the City of Moorpark for the continued processing of review and subdivision and development plans for the U. S. Condominium Corporation proposed townhouse project. The proposal involves the following major activities: o Review of revised plans to determine conformance with requirements of the City of Moorpark and other agencies having jurisdiction over the project. o Environmental review and documentation including a revised Negative Declaration. o Preparation of amended staff report and conditions to reflect modified project. o Consultation with developer and City staff on behalf of the City of Moorpark throughout the process of project review and decisionmaking. o Facilitation of process of negotiation among neighbors, developers and City staff to reach concensus on an approvable project. o Presentation of staff report and project representation not to exceed 18 hours (assumes three public hearings). Time and materials not to exceed . . . . $5,000 (Based on a rate o-.17 $65 an hour) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R`CEIVED ALIG 2 91986 AIX Time and materials shall be applied to additional tasks required beyond the scope of work described above such as additional stud -,;, or review as a result of Council or Commission direction or attendance at public meetings beyond 3. It is understood that this contract will be solely for the services of Carol Waldrop rather than the firm in general. Ms. Waldrop is also available for planning and public policy consultation to the City of Moorpark beyond the scope of this proposal. Such other services as requested would be billed at $65 per hour or at a flat rate negotiated on a case by case basis. CW:mb moorbill