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HomeMy WebLinkAboutAGENDA REPORT 1984 0718 CC REG ITEM 11JITEM I I S CONTRACT FOR PLANNING SERVICES This AGREEMENT made this 18th day of July , 1984, between the City of Moorpark, hereinafter referred to as the CITY, and Marcia Raines , an independent contractor, hereinafter referred to as the Contractor. ARTICLE 1. TERM OF CONTRACT Section 1.01. This agreement will become effective on July 19, 1984, and will continue in effect for a period of twelve (12) months, unless sooner terminated as provided 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, on a project by project basis, as assigned by the Director of Community Development. Method of Performinq Services Section 2.02. Contractor will determine the method, details, and means of performing the above - described services. 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 fifteen ($15) per hour. Payment of Compensation Section 3.02. Contractor will submit to City a written statement fo services rendered at the end of each month during which services are performed. City agrees to pay the amount due to Contractor for services on or before the tenth (10th) day following receipt of said statements of services. on 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 indi- vidual which has an approved permit or land use entitlement form the City, has applied for such entitlement within the past twelve months, or has such application or entitlement request pending. 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 other- wise 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 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 rea- sonable 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. -2- Minimum /Maximum Hours Per Week Section 5.03. City agrees to pay Contractor a minimum of $105.00 per week (7 hours at $15.00 per hour) during the term of the contract in consideration of Contractor being available 21 hours per week to perform services requested by City. No compensation shall be paid to Contractor for periods of vacation which shall be limited to 3 weeks per year. City agrees that the maximum number of hours required under this contract in any one week shall be 21 hours unless otherwise mutually agreed by City and Contractor. ARTICLE 6. TERMINATION OF AGREEMENT Termination By Mutual Consent Section 6.01. Notwithstanding any other provision of this agreement, the parties hereto may terminate this agreement at any time by mutual consent, oral or written. 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. Termination By City For Cause Section 6.03. If Contractor defaults in the per- formance of this agreement, or any part hereof, or materially breaches any of its provisions, he shall cure the default within ten (10) days after City serves written notice upon Contractor of such default. In the event Contractor fails to make a timely cure of the default, City shall have the right, notwithstanding any other provision of this agreement, to automatically terminate the agreement without further notice. Termination Upon 30 Days Notice Section 6.04. Contractor, at his option, may ter- minate this agreement at any time by giving City not less than thirty (30) days prior written notice. City at its option, may terminate this agreement at any time by giving Contractor not less than 30 days written notice. -3- 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 City. City shall not deduct any witholding taxes from the compensation or pay unemployment insurance taxes on behalf of Contractor. 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 Con- tractor shall be come the sole property of City and may be used, reused or other wide 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 be- cause of damage to property or injury 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, CA 93021, and to Contractor at 6275 Loma Vista Road, Ventura, CA 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 recipt; 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 be- -4- tween the parties with respect to the rendering of such ser- vices 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 em- bodied 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 will be governed by and construed in accordance with the laws of the State of California. Executed in duplicate at Moorpark, California, on the date and year first above written. CONTRACTOR BY: -5- CITY OF MOORPARK or ATTEST: BY: City Clerk (SEAL)