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HomeMy WebLinkAboutAgr 2019-12-19 (2) (Allsep Planning) AGREEMENT FOR PLANNING SERVICES THIS AGREEMENT,made and entered this l day of DiMeUnbew,201 by and between the TOWN OF TIBURON, a municipal corporation of the State of California hereinafter called "Town",and ALLSEP PLANNING,a v t et e,r hereinafter referred to as "Consultant". RECITALS A. The Town of Tiburon's Planning Division wishes to retain professional contract planning services to augment in-house resources for a limited duration in conjunction with an application for pre-zoning application for the 4576 Paradise Drive ("Project"). B. The Town has determined that Consultant is qualified to provide the desired planning services. C. The Town wishes to contract for the Consultant to provide the services described in Exhibit A ("Services"), which is attached hereto and incorporated herein by reference. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform the Services described in Exhibit A. Consultant may subcontract out certain of the Services to other Consultants only as specified in Exhibit A or with Town's prior written approval. In the event of such subcontracting,Consultant shall remain responsible for the full performance of the Services. 2. Compensation. Consultant's fee for the Services shall be as set forth in Exhibit A. Payments shall be due thirty days after submission of an itemized invoice showing work actually completed. Consultant shall submit invoices on a monthly basis for time and materials actually expended. Consultant's fee shall not exceed$8,000 without prior Town approval of an amendment to this agreement. Consultant shall not use any Town automobiles for performing any of the Services. 3. Standard of Work; Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnify, defend and hold Town harmless from and against claims,liabilities, suits,loss,cost,expense and damages to the extent caused by a negligent or intentional act or omission of Consultant's in the performance of the Services pursuant to this Agreement. 4. Consultant as Independent Contractor; Indemnity. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing,Consultant shall maintain complete control of its operations and personnel and shall be solely liable and Agreement for Services----Contract Planner Jayni Allsep.doc 1 responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. e 5. Attendance at Hearings. If requested by the Town Director of Community Development, Consultant shall appear at litigation and/or administrative hearings that pertain to the Services. Town shall reimburse Consultant for such appearance(s) at the hourly rate specified in Exhibit A. 6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 7. Insurance. Consultant shall maintain insurance as set forth below. A. Comprehensive General Liability: Combined single limit of$1,000,000 for each single occurrence and $2,000,000 annual aggregate. B. Comprehensive Automobile Liability: Combined single limit of$1,000,000. C. The insurance required under paragraphs A and B, above, shall be endorsed with language covering the Town, its officials, officers, employees, agents and volunteers. Such coverage shall be primary, non-contributory insurance to the Town,its officials,officers and employees and shall act as though a separate policy had been written for each. D. The insurance required by this Section 7 shall not be suspended,voided,canceled or reduced in coverage or in limits except after thirty days written notice has been received by the Town. Any failure to comply with the reporting requirements of the policies shall not affect coverage provided to the Town, its officials, officers and employees. E. Evidence of compliance with the insurance and endorsement requirements of this Paragraph shall be subject to the approval of the Town Attorney. 8. Ownership of Documents; Re-Use; Indemnity. All documents prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said documents are prepared for use only in connection with the Services described in the Exhibit A. 9. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal,Consultant may commence to charge interest of the unpaid amounts at the lesser of 1.5%per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance of the Services after giving Town 10 days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. Agreement for Services----Contract Planner Jayni Allsep.doe 2 10. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 11. Discrimination. In the performance this Agreement, Consultant shall not engage in nor permit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 12. Miscellaneous. A. Other Contract Provisions. Other contract provisions are set forth in Exhibit A. To the extent that there are any inconsistencies with such Exhibit and the other portions of this Agreement, the latter shall prevail. B. Governim Law. The laws of the State of California shall govern this Agreement. In the event that a dispute arises from this Agreement,the venue for resolving such dispute shall be the County of Marin. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable,the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. Successors in Interest;Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire A.f4reement; Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. Agreement for Services----Contract Planner Jayni Allsep.doc 3 IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. ALLSEP PLANNING TO F TIBURON e B Jay ' Allsep, Principa By: Greg hams, Town Manager APPROVED AS TO FORM: Benjamm Stock, Town Attorney Agreement for Services----Contract Planner Jayni Allsep.doc 4 EXHIBIT A: SERVICES ➢ Consultant will report to the Director of Community Development and/or his designee. ➢ Town will compensate Consultant at a fixed hourly rate of$185. This includes time spent in attendance at meetings of the Town Council, Boards, or Commissions when such attendance is requested or required by the Director of Community Development or his designee. ➢ Consultant will review and process the Pre-zoning application review for the 4576 Paradise Drive project, including appearing at the Town meeting(s) for the item, preparing agreements, resolutions, and other necessary documents for completion of processing. Agreement for Services----Contract Planner Jayni Allsep.doc 5