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HomeMy WebLinkAboutAGENDA REPORT 1990 0606 CC REG ITEM 11APAUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Councilmember LILLIAN KELLERMAN City Clerk MOORPARK ,w• STEVEN KUENY City Manager 01" ?ARK, CALIFORNIA CHERYL J. KANE City Cound l Meefing City Attorney of BRICK RICHARDS, A.I.C.P. Director of ACTION: Z �� Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer M E M O R A N D U M TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: May 3, 1990 (CC meeting of 5/16/90) SUBJECT: AMENDMENT TO LANDSCAPE REVIEW CONTRACT (BREIMAN) Background On February 1, 1989 the City entered into a Professional Services Agreement with Wolf Breiman Landscape Architect to provide landscape plan review and inspection. These reviews are related to various entitlement projects approved by the City. The specific terms of the above agreement can be found within Attachment "1" of this memorandum. Discussion Currently Wolf Breiman Landscape Architect has an hourly charge rate of $45.00 per hour for landscape plan review and inspection. In a letter dated March 13, 1990 Mr. Breiman (Attachment 11211) had requested a $5.00 per hour increase to $50.00 per hour charge rate. Should the Council approve this new charge rate the City's billing rate will also increase. The City currently charges 25% over Mr. Breiman's rate to cover overhead costs. The initial landscape plan review deposit would remain the same at $500.00. Projects which deposited funds under Mr. Breiman's previous rate $45.00 per hour would continue to be charged at $60.00 per hour which includes the City's 25 %. Staff is suggesting that all projects filed for landscape plan review and inspection after May 16, 1990 be charged at the proposed new rate of $67.00 per hour with $50.00 paid to Mr. Breiman and $17.00 retained by the City. Staff Recommendation That the City Council approve the new hourly charge rate of $67.00 per hour for landscape plan review and inspection with a rate of $50.00 paid to Wolf Breiman, Landscape Architect effective May 16, 1990. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 ATTACHMENT I PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 1st day of , February �_1989 by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "CITY" and Wolf Breiman Landscape Architecture a California Company, hereinafter referred to as " Wolf Breiman ". W I T N E S S E T H Whereas, City has the need for landscape consultant services; Whereas, City desires to contract for such services with a private consultant in anticipation that said private consultant can provide such services in a manner acceptable to the City; and Whereas, " WOLF BREIMAN " is experienced in providing such services for municipal corporations and is able to provide personnel with the proper experience, certifications and background to carry out the duties involved; and Whereas, City wishes to retain " WOLF BREIMAN " for the performance of said services; NOW, THEREFORE, in consideration of the mutual convents, benefits and premises herein stated, the parties hereto agree as follows: City does hereby appoint " WOLF BREIMAN " in a contractual capacity to perform the services in accordance with the terms and conditions hereinafter set forth in Exhibit "A "; with the authorities, and responsibilities ordinarily granted to this type of consultant work. 1. Compensation The fees in full compensation to " WOLF BREIMAN " for the services rendered shall be as set forth in Exhibit "A ". II. Termination This agreement may be terminated with or without cause by City at any time with no less than 10 days written notice of such termination. In the even of such termination, " WOLF BREIMAN " shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. This agreement may be terminated by " WOLF BREIMAN " only by providing City with written notice no less than 30 days in advance of such termination. q -J III. General Conditions A. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by " WOLF BREIMAN " performing services hereunder for City. B. if WOLF BREIMAN " is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees, servants or agents shall control over the conduct of " WOLF BREIMAN it or any of " WOLF BREIMAN " officer, employees or agents, except as herein set forth. " WOLF BREIMAN " shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner employees of the City. C. At the time of 1) termination of this agreement or 2) conclusion of all work; all original documents, designs, drawings, reports, logos, diskettes, computer files, notes and other related materials whether prepared by " WOLF BREIMAN " or their subcontractor (s) or obtained in the course of providing the services to be performed pursuant to this agreement shall become the sole property of the City. D. " WOLF BREIMAN " shall hold harmless, indemnify and defend the City and its officers, employees, servants and agents serving as independent contractors in the role of City Manager, Deputy City Manager, Director of Community Development or City Attorney from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of " WOLF BREIMAN " or any of its officers, employees or agents in the performance of this agreement, except such damage as is caused by the sole negligence of the City or any of its officers, employees, servants or agents. The City does not, and shall not, waive any rights that it may have against " WOLF BREIMAN " by reason of Paragraph E hereof, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this agreement. This hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in Paragraph E hereof. -2- E. " WOLF BREIMAN " shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for, and maintain in full force and effect for the duration of this agreement that policies of insurance required by this paragraph and shall furnish to the City Clerk of the City certificates of said insurance on or before the commencement of the term of this agreement. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached thereto, the protection offered by the policies shall: 1. Name the City and its officers, employees, servants and agents serving as independent contractors in the role of City Manager, Deputy City Manager, Director of Community Development or City Attorney, as additional insured with WOLF BREIMAN ". 2. Insure the City and its officers, employees, and agents while acting in the scope of their duties under this agreement against all claims, demands, damages, liabilities, losses, costs or expenses arising from, or in any way connected with, the performance of this agreement by " WOLF BREIMAN if or the City: 3. Bear an endorsement or have attached a rider whereby it is provided that, in the event of cancellation or amendment of such policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. " WOLF BREIMAN " shall give City thirty (30) days written notice prior to the expiration of such policy. 4. Be written on an Occurrence Basis. F. Consistent with the provisions of Paragraph E, " WOLF BREIMAN " shall provide general public liability including automobile liability and property damage insurance in an amount not less than One Million dollars ($1,000,000.00) per occurrence and annual aggregate. G. Consistent with the provisions of Paragraph E, " WOLF BREIMAN " shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by " WOLF BREIMAN " in work under this agreement is not protected by the workers' compensation law, WOLF BREIMAN shall provide adequate insurance for the protection of such employees to the satisfaction of the City. -3- H. It WOLF BREIMAN " shall not assign this agreement, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that " WOLF BREIMAN " is uniquely qualified to perform the. services provided for in this agreement. The City's Request for Proposal (RFP) dated 9 -19 -88 and " WOLF BREIMAN " response to said RFP dated 11 -7 -88 are hereby incorporated into this agreement. Where said RFP and response are modified by the agreement, the language contained in the agreement shall take precedence. J. Payment to " WOLF BREIMAN " shall be made by City within 30 days of receipt of invoice, except for those which are contested or questioned and returned by City, with written explanation within 30 days of receipt of invoice. it WOLF BREIMAN " shall provide to City a written response to any invoice contested or questioned and further, upon request of City, provide City with any and all documents related to any invoice. K. Any notice to be given pursuant to this agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To: Wolf Breiman, Landscape Architect 3045 Grove Street Ventura, CA 93003 Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. -4- L. Nothing contained in this agreement shall be deemed, construed or represented by the City or " WOLF BREIMAN it or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and " WOLF BREIMAN ". M. This agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. N. Should interpretation of this agreement, or any portion thereof, be necessary, it is deemed that this agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the agreement or caused it to be prepared. O. No waiver of any provision of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. P. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this agreement or as a result of any alleged breach of any provision of this agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgement or decree rendered in such a proceeding shall include an award thereof. Q. Cases involving a dispute between the City and " WOLF BREIMAN " may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgement of the arbitrator. R. This agreement is made, entered into, executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. S. The captions and headings of the various Articles and Paragraphs of this agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. -5- IV V. RESPONSIBLE INDIVIDUAL The individual directly responsible for " WOLF BREIMAN " overall performance of the contract provisions herein above set forth and to serve as principal liaison between City and Consultant shall be " WOLF BREIMAN ". Upon mutual written agreement of the parties, other individuals may be substituted in the above capacity. IMPLEMENTATION The City shall provide " WOLF BREIMAN " with written notice in advance of the date at which these services are to be implemented if different than the date of the agreement. CITY OF MOORPARK: Steven Kueny, City Manager U CONSULTANT: Wolf Breiman, Landscape Architect EXHIBIT "B" Method of Compensation Plan check: Forty -five dollars ($45) per hour. Inspection: Forty -five dollars ($45) per hour. Wolf Breiman, Landscape Architect -7- February 2, 1989 March 13, 1990 Mr. Patrick Richards Director of Community Development 799 Moorpark Avenue Moorpark, CA 93021 Re: Landscape Plan Review and Inspection Services Dear Pat: ATTACHMENT 2 I wish to increase the hourly fee for subject services to $50.00 (Fifty Dollars) per hour from the present $45.00 (Forty -Five Dollars). This would bring my fee more nearly in line with the fees being charged by other consultants in the county for the same and similar kinds of services. The increase would also nearly compensate (but not quite) for inflation from the time the present rate was adopted to date. I hope you agree with my request and submit it to the City Council for approval at the earliest opportunity. Sinc�,rJ�Jy you V Breiman .L.A. #1485 — RECEIVED — MAR 15 1990 City of Moorpark F- wolf breiman landscape architecture ■ 3045 GROVE ST. ■ VENTURA, CA 93003 ■ (805)643-0455