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HomeMy WebLinkAboutAgr 1995-02-01 (County of Marin),X ' %7 AGREEMENT BETWEEN THE TOWN OF TIBURON AND THE COUNTY OF MARIN FOR THE PROVISION OF ENGINEERING SERVICES This Agreement dated , 1995, is by and between the Town of Tiburon (hereafter "Town") and e 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 County is capable of and desires to provide these these engineering services for the Town on a contractual basis. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Provision of Town Engineer Services a. The County and Town 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 Tiburon Town Council. b. The scope of work for the person selected as Town Engineer cannot be precisely defined, but 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 budget; other civil engineering duties as required. C. The person selected as Town Engineer shall provide 50 hours of service per month to the Town, approximately 30 of which will be worked during office hours at Tiburon Town Hall. The remaining hours shall be worked at times and locations deemed appropriate by the Town Engineer. d. For these 50 hours of service, Town shall pay County $2,800 per month. For any hours of service beyond the first 50, Town shall pay County at the rate of $65 per hour. 2. Provision of Other Engineering Services The Town may require engineering services other than those provided by the Town Engineer. Examples 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 At six (6) months and twelve (12) months after execution of this agreement, the parties shall review the agreement to evaluate the level of service provided, hours, fees, etc. 4. Termination After the first six (6) months of this agreement, the agreement may be terminated by either party upon giving thirty days written notice to the other party. In the event the Agreement is terminated, County shall be paid for all work done prior to the effective date of the termination. 5. Assi nment Neither party shall assign or subcontract any of the rights or obligations of this Agreement. 6. Indemnification Pursuant to Government Code Section 895.4, Town agrees to indemnify, defend and hold harmless County 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, 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 810.8) except in the event of negligence by the Town Engineer. 7. 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 Public Services Agency. 8. 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 above. TOWN OF TIBURON Town Manager COUNTY OF MARIN A. President, Board of Supervisors _ L- RK:0 H MD""