HomeMy WebLinkAboutAgr 1995-01-19 (Nichols Berman)TOWN OF TIBURON
1155 TIBURON BOULEVARD . TIBURON • CALIFORNIA 94920 . (415) 435-0956
OFFICE OF THE TOWN MANAGER
Robert L. Kleinert
AGREEMENT
THIS AGREEMENT, made and entered this tith day of
,rtu
19951 by and between TOWN OF TIBURON, a municipal corpor tion,
hereinafter called "Town," and Nichols-Berman, Environmental
Planning, hereinafter referred to as "Consultant."
WITNESSETH
WHEREAS, the Town has determined that an EIR is required for the
Easton Point project; and
WHEREAS, the parties wish to contract for the EIR to be completed
by Nichols - Berman, Environmental Planning;
NOW, THEREFORE, the parties do hereby agree as follows:
1. Consultant Services, Time of Performance, and Compensation.
The Town agrees to engage Consultant and Consultant hereby
agrees to perform those services, generally described as an
EIR for the Easton Point project, during the time of
performance as specified in Exhibit "A" and Exhibit "B."
2. Other Contract Provisions. Other contract provisions are set
forth in Consultant's proposal attached hereto as Exhibit "A"
and Exhibit "B."
3. Consultant is qualified and desirous of performing the tasks
herein set forth and shall perform the services in a manner
compatible with the standard of Consultant's profession.
4. In consideration of Consultant's agreement to perform well
and sufficiently and in a skillful and professional manner
the services contemplated herein, the Town agrees to pay and
the Consultant agrees to accept as full payment for actual
time spent in accomplishing the approved work, a sum not to
exceed $193,937.00 payable upon receipt of monthly invoices
from Consultant pursuant to the milestone deliverable caps
set forth below. All payments require submission of a
itemized invoices and acceptance of any related documents by
the Town as adequate. Payment caps are set forth below by
milestone deliverables.
$125,994.00 cap through completion and acceptance of ADEIR
$ 38,665.00 cap through completion and acceptance of DEIR
$ 14,278.00 cap through completion and acceptance of FEIR
$ 15,000.00 payable upon completion of FEIR hearings
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5. Consultant as Independent Contractor. It is specifically
understood and agreed that Consultant (his agent or employee)
is not an agent or employee of the Town but is an independent
contractor not subject to the direction and control of the
Town except as to the final result. Consultant shall be
solely liable and responsible to pay all required taxes and
other obligations, including, but not limited to, withholding
and Social Security. Consultant agrees to indemnify and hold
the Town harmless from any such liability which it may incur
to the Federal or State Governments as a consequence of this
contract.
6. Discrimination. In the performance of the terms of 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.
7. Reproduction, Copying Costs. Consultant shall provide camera
ready copies of all deliverables and shall be responsible for
all mailing/delivery costs necessary for submittals to the
Town as specified in Exhibits "A" and "B." The Applicant
shall be responsible for all reproductions, copying and
mailing costs necessary for distribution of all submittals as
specified in Exhibits "A" and "B." Consultant shall not be
responsible for costs of reproduction, mailing, clerical
services or other costs associated with any public hearings
or Town dissemination of Consultant's work products.
8. If litigation or administrative hearing ensue which pertain
to the subject matter of Consultant's services hereunder,
Consultant, upon request, agrees to testify herein at the
hourly rate specified in Exhibit "A."
9. Audit of Books and Records. Should the Town wish to, it may
undertake an independent audit and/or evaluation of the
Consultant's records and accounts of expenditures and program
activities at its own expense. Consultant agrees to 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.
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.
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IN WITNESS WHEREOF the parties hereto have caused their duly
authorized representatives to execute this Agreement the day and
year above written.
TOWN OF TIBURON
Town Manager Da
996
Consultant Date
Incorporated Attachments: Exhibit "A"
Exhibit "B"
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