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HomeMy WebLinkAboutAgr 1996-07-01 (County of Marin)AMENDMENT TO THE AGREEMENT BETWEEN THE TOWN OF TIBURON AND THE COUNTY OF MARIN FOR THE PROVISION OF ENGINEERING SERVICES This Agreement dated October 26, 1995, is by and between the Town of Tiburon (hereafter "Town") and the County of Marin (hereafter "County"). WHEREAS, the Town is required to appoint a Town Engineer and is in need of engineering services to be provided on a contract basis; and WHEREAS, the Town and the County entered into an Agreement on February 1, 1995 to provide these engineering services to the Town on a contractual basis, and the status of the initial contract to be reviewed at the end of six months; and WHEREAS, the Town and the County have reviewed the status of the contract and wish to modify the Agreement to more adequately address the needs of the parties, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Provision of Town Engineer Services a. The Town and the County shall agree on a registered civil engineer on the County's staff to serve as Town Engineer for the Town of Tiburon. The person selected for this position shall be officially appointed to the position by the Town Council of the Town of Tiburon. b. The scope of work for the person selected as Town Engineer cannot be precisely defined, however shall generally include: consultation and technical support for Town officials and employees; attendance at Town Council, Commission and Committee meetings as needed; representation of the Town at meetings of other agencies, such as CalTrans; serve as Town Traffic Engineer; all required duties under Subdivision Map Act; review of land use applications; assist in preparation of annual street maintenance and Capital Improvements Program budget; other civil engineering duties as required. C. The person selected as Town Engineer shall provide a minimum of sixty (60) hours of service per month to the Town, approximately thirty (30) of which will be worked during office hours at the Tiburon Town Hall. The remaining hours shall be worked at times and location deemed appropriate by the Town engineer. d. For these FY 1996-97 60 hours of service, the Town shall pay the County $4,140 per month. For any hours of service each month beyond the first 60, the Town shall pay the County at the rate of $79 per hour. For FY 1997-98 and subsequent fiscal years, the base hours and hourly rates will be re-negotiated. -1- e. The County shall include with its billing for engineering services a summary accounting of the allocation of engineering hours to basic categories, including: (I) general engineering, (ii) streets projects, (iii) drainage projects, and (iv) all other projects. 2. Provision of Other Engineering Services The Town may require engineering services other than those provided by the Town Engineer. Examples may include design of improvements or surveying. When such services are required, the Town reserves the right to obtain such services from the County or from other private engineering firms. At the request of the Town, the County shall provide bids or estimates for any such jobs. When such jobs are awarded to the County, this may be done through a work order or other notice acceptable to both parties. 3. Review of Agreement The parties shall review the Agreement annually to evaluate the level of service provided, hours and fees, etc. 4. Term of Agreement At the end of each Fiscal Year the term of this Agreement shall be extended automatically for one additional year, unless either party gives written notice to the other pursuant to the provisions of Section 5. Agreement provisions concerning the scope of services and fees may be amended in conjunction with annual review of the Agreement as delineated in Section 3. 5. Termination This Agreement may be terminated by either party upon giving thirty (30) days written notice to the other party. In the event the Agreement is terminated, the County shall be paid for all work done prior to the effective date of the termination. 6. Assi ng ment Neither party shall assign or subcontract any of the rights or obligations of this Agreement. 7. Indemnification Pursuant to Government Code Section 895.4, the Town agrees to indemnify, defend and hold harmless the County form from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the Town or the person appointed as Town Engineer in connection with any work done on behalf of the Town. Furthermore, the Town agrees to indemnify, defend and hold harmless the individual serving as Town Engineer from any liability imposed for injury (as defined by Government Code Section -2- 810.8) except in the event of negligence by the Town Engineer. 8. Notices All notices required by this Agreement shall be in writing and shall be delivered in person or by mail to the Town Manager of the Town of Tiburon or the Director of the Marin County Services Agency. 9. Entire Agreement This writing constitutes the entire Agreement between the parties relating to the services to be performed. No modification of this Agreement shall be effective unless and until such modification is evidenced by writing signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the date listed below. TOWN OF TIBURON Robert L. Kleinert, Town Manager COUNTY OF MARIN 7 -4 7 - /I96 Date Chairman, Marin County Board of Supervisors Date -3-