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HomeMy WebLinkAboutAGENDA REPORT 1984 1107 CC REG ITEM 09BLETA YANCY - SUTTON Mayor ALBERT PRIETO Mayor Pro Tem ROGER BEAULIEU Councilmember CLINTON D. HARPER Councilmember JERRY STRAUGHAN Councilmember DORIS D. BANKUS City Clerk JOHN C. GEDNEY City Treasurer MOORPARK M E M O R A N D U M ii •. , ITEM 9 TO: The Honorable City Council FROM: Niall Fr4'-' Director of Community Development DATE: November 2, 1984 SUBJECT: Contract with Hawks and Associates for Specified Planning Services. PROPOSED ACTION: Approve the attached contract. BACKGROUND INFORMATION: STEVEN KUENY City Manager CHERYLJ.KANE City Attorney NIALL FRITZ Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police To assist in the processing of development permit applications, it is proposed to contract with Hawks and Associates. Mr. Carl Rowley of their staff would be available to provide planning staff services. His resume' is attached. The option of using their service would be dependent upon the agree- ment of both the applicant and the City and a seperate contract would be entered into. The applicant, in addition to depositing all required application fees with the City, would bear the full expense of this contract staff service. SUGGESTED MOTION: Authorize the Mayor to sign the attached contract. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CONTRACT FOR SERVICES This AGREEMENT made this day of IT 19 84, between the City of Moorpark, hereinafter referred to as the City, and HAWKS & ASSOCIATES , an independent contractor, hereinafter referred to as the Contractor. ARTICLE 1. TERM OF CONTRACT Section 1.01. This agreement will become effective on November 7 , 19 84, and will continue in effect for a period of twelve (12) months, unless sooner terminated as pro- vided hereinafter. ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services Section 2.01. Contractor agrees to perform the services specified in the "Description of Services" attached to this agreement, as Exhibit "A ", on a project by project basis, as assigned by the Director of Community Development. Each of said projects to be completed by the Contractor within time limits established by the Director. 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. Carl Rowley 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 Cortractor. 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 to Contractor on a time and materials basis to be deter- mined in conformance with the fee schedule as follows: Planning Consultant $40.00 per hour -1- In no event shall Consultant's fees and charges exceed $2,000 and 50 hours per project or assignment unless prior concurrence is obtained from the City Council. These fees and charges are subject to the work programs deemed appropriate by the City. Consultant'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 un- necessary to the completion of the project in a competant and workman like 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 the amount due to Contractor for services within thirty (30) days followinq receipt of said statements of services. ARTICLE 4. OBLIGATIONS OF CONTRACTOR Non - exclusive Representation Section 4.02. 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 govern- mental 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 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 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 main- tain 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 regulations 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. ARTICLE 5. OBLIGATIONS OF CITY Cooperation of City Section 5.01. City agrees to comply with all reasonable requests of Contractor relative to, and 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 Agreement upon giving a twenty -four (24) hour written notice and the Contractor may terminate this Agreement upon giving thirty (30) day 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 as to City a wholly independent contractor. at any time or in any manner, represent that employee or agent of City. Contractor shall provisions of the Workers' Compensation Insu: Labor Code of the State of California. -3- all times shall remain Contractor shall not, he is an officer, comply with all applicable rance and Safety Acts and 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 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 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 City in care of City Manager, 799 Moorpark Avenue, Moorpark, California 93021, and to Contractor at 2490 East Main Street, Ventura, California 93003, but 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 con- tains 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 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.O6. This agreement shall be governed by and construed in accordance with the laws of the State of California. -4- 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 here- under 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 7.08. 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 performed by Consultant 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 Consultant. Executed in duplicate at Moorpark, California, on the date and year first above written. CONTRACTOR HAWKS & ASSOCIATES By Title And By Title -5- CITY OF MOORPARK By Mayor ATTEST: City Clerk (SEAL) EXHIBIT "A" Description of Professional Services 1. Reviews and processes land use permit applications, including subdivision maps and General Plan Amendments. 2. Provides objective analysis on the adequacy of develop- ment applications. 3. Formulates recommendations to bring proposals into conformance with City guidelines, standards and policies. 4. Provides recommendations as to appropriate development standards and conditions for permit applications. 5. Prepares and processes environmental documents. 6. Attends meetings as requested by the City. 7. Prepares and provides to City reports and related written materials necessary for processing of applications. 8. Performs related work as deemed necessary by the City. CARL K. ROW'LEY ; (K -k it ion and Professional Rer;i stration Geography /Geology - University of Southern California '•Ivriber of American Planning Association CriCnce Twenty -one years oi* professional experience iri private and municipal planning programs. As :r :!!"mher of municipal planning agencies, Mr. Rowley's experi- nA:! i!icltided the following: Department responsibilities in supervising, coordinating, and di rc-ctir,g land use studies, feasibility studies, programs, and planning studies as related to land use and development. Super - %1a(• the collection of data, the preparation of the land use rn% ntgry and the design of the mandated elements of the General Plan. Establish procedures for adopting and amending the General Plan elements. Review of all land development projects consider - lIl„ 10 configuration, street alignment, solar orientation, circulation, parking, building relation, landscaping, and rya i n t c'nance . ►'uhlic presentation before Citizens' Advisory groups, city and county Planning Commissions, and Board of Supervisors. Coordi- natc proposed ciruclation element amendments with multiple juris- diction - city, county, state, and property owners. Initiate review of rapidly urbanizing valley to determine economic effect ()f excess commercial zoning; provide alternatives to location of (ommercial activities. Direct preparation, drafting or modifying and adoption of municipal ordinances relating to commercial uses: mobile home parks, residential planned developments, and indus- trial communities. Chairman of various committees: Subdivision, Engineering, inrirorimental Review - appointed to define procedural methods and try evaluate subdivision design, highway alignments, abandonments, 1_n�-ironmental Impact Reports. Establish,. _design criteria and administrative review process for fill range of development per- mits (CPD /RPD) and related special permits. Select capital rroprovement projects and establish fiscal programs supportive of project based upon projected revenues. Design and supervise implementation of agricultural preserve program. Elanning advisor to newly incorporated communities administering; full range of planning services providing direction, information, and recommendations to citizens' committees, Planning Commission .,nd City i,ounci1. Direct the collection of environmental data, pr-u.Ject analysis, and data interpretation and participate in the preparation of EIR documents covering such diverse areas as C'1R1. V . POWLFY - Continued R,:Sidcntial Planned Developments (RPD), community centers, !:usiness District revitalization programs, wastewater ocean outfall industrial facilities, single family subdivisions, con - ventional and fast food restaurants, commercial establishments and motels, and low income housing. Served as Director of Planning and Community Development for a `cc,ithern California coastal community. Provided full planning service and direction to broad spectrum of urban projects. Coordinate submittal of urban development and non - development projects to the South Central Coast Regional Commission. Project Manager of Central Business District Revitalization Program. Evaluation of project site plan and landscaping plan. Contract negotiations, formulate and implement public information program. As a member of private land development organization, Mr. Rowley participated in site planning, engineering, construction schedul- ing, and construction of a 10,000 acre planned community con- taining residential, commercial, industrial, and recreational components. Corollary responsibilities related to planning and project manag- ing involved intensive and continuous coordination in obtaining project approval and the extensive agency, departmental and governmental permits, agreements, contracts prior to the initia- tion of physical development of the site.