Loading...
HomeMy WebLinkAbout1991-11-12 - AGENDA REPORTS - CONTRACT AGMT ANNEX CONSULTING (2),- y AGENDA REPORT City Manager Item to be P CONSENT CALENDAR , - DATE: November 12, 1991 SUBJECT: Authorization for City to Enter Into a Contract Agreement for Annexation Consulting Services. DEPARTMENT: Community Development BACKGROUND: The request is for authorization for the City to enter into a contract agreement for annexation consulting services with Esther Aguilar, of Aguilar & Associates. Aguilar & Associates currently assists Community Development staff with the preparation and processing of land annexations to the City of Santa Clarita. Execution of this contract would renew and extend the existing agreement between the City and the consultant and would provide a 5Z increase from $35.00 to $36.75 per hour in compensation to the consultant for services. (This amount was last increased by the Council on October 24, 1990.) Renewal of the contract would continue to promote timely response by the City to requests for annexation from property owners . seeking City services and .governance, and would be consistent with the Concil's direction to actively expand and square up City boundaries, and to promote sound planning and land use practices in newly annexed areas. Adequate funds remain in the FY 91/92:annexation services account to cover the cost of this contact through June 1992. The contract agreement provides for and explains the scope of work to be performed, amount and manner of compensation, schedule and time for performance, changes, indemnity and insurance, confidentiality and conflict of interest clauses, and has been previously approved as to form by the City Attorney. The Consultant has filed a Certificate of Insurance with the City, and a complete copy of the contract and exhibits is available for review in the City Clerk's Office. RECOMMENDATION: Staff recommends that the City Council approve and renew the attached contract with the consultant, Aguilar & Associates, to continue to provide annexation support services to the City of Santa Clarita. Contract Agreement DMW:495 PP I Agenda Item. I 0 AGREEMENT FOR CONSULTANT'S SERVICES THIS AGREEMENT, is made and entered into this _th day of _,-1991, by and between the CITY OF SANTA CLARITA, a municipal corporation ("CITY") and Esther Aguilar ("CONSULTANT*). R E C I T A L S WHEREAS, CITY has requested specific annexation planning and support services and CONSULTANT is experienced and well qualified in annexation planning and support services; and 'WHEREAS, CONSULTANT is aware that confidential information may come into CONSULTANT's possession which may impact the CITY's legal position in the event such information was.released to outside parties; and WHEREAS, CITY desires, CONSULTANT to provide annexation planning and support services as set forth herein; NOV, THEREFORE, CITY and CONSULTANT mutually agree as follows: 1. SCOPE OF WORK. The Scope of Work is set forth in Exhibit A, attached and incorporated here by reference, and is generally -described as annexation planning and support services. CONSULTANT's services.will include is all the procedures necessary to properly complete the tasks CONSULTANT has been requested to perform. 2. COOPERATION. CITY and its officers and employees shall provide necessary information. to CONSULTANT from available sources as required to perform the services described herein and in accordance with the Scope of Work. 3. COMPENSATION. Compensation to CONSULTANT for services under paragraph one shall consist of a total payment of $36.75 per hour. The Compensation set forth in this paragraph shall be the total compensation for the services provided by CONSULTANT including all out-of-pocket cost incurred by the CONSULTANT. CITY shall pay no fee other than the compensation listed in this paragraph unless otherwise agreed to. in advance in'writing by the CITY and CONSULTANT. 4. PAYMENT PROCEDURE. CONSULTANT shall be paid for work completed and invoiced and approved by CITY in accordance with the terms of this agreement. Payment by CITY to CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of CONSULTANT's itemized invoice. 5. TITLE TO DOCUMENTS. All documents, plans, drawings, maps, photographs, and other papers, or copies thereof prepared by CONSULTANT pursuant to the terms of this agreement, shall be the property of the CITY. CONSULTANT may retain copies of any or all above-mentioned documents for its fiXes, subject to approval by the CITY. • 6. CONFIDENTIALITY. During the term of this Agreement, CONSULTANT will be dealing with information of a confidential nature, and such information could severely damage CITY in the event any of said -information was disclosed without authorization by the CITY. CONSULTANT will not disclose to anyone, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of services provided to the CITY under this Agreement. All documents thatCONSULTANT prepares and confidential information that might be given to CONSULTANT in the course of providing services under this Agreement are the exclusive property of the CITY and shall remain in the CITY's possession. Under no circumstances shall any such information or documents be removed from the CITY without .the CITY's written consent first being obtained. CONSULTANT shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning its services to the CITY or cooperate in any.way with a party who may be adverse to the CITY or whom CONSULTANT reasonably should know may be adverse in any subsequent litigation. CONSULTANT shall incur no liability under the Agreement for materials submitted by it which are later released by CITY, its officers, employees, or agents. CONSULTANT shall also incur no liability for statements made by it at any public meeting, or for any document released by it for which prior written CITY authorization was obtained. If CONSULTANT does voluntarily provide information in violation -of this Agreement, CITY has the right to reimbursement and indemnity from CONSULTANT for any damages caused_ by CONSULTANT's conduct --including attorney's fees. CONSULTANT, shall promptly notify CITY should CONSULTANT, its officers, employees, _agents or subcontractors be served with any Summons, Complaint, Subpoena, Notice of Deposition, Request for Documents, Interrogatories, Request for Admissions ori other discovery requests from any party regarding this agreement and the work performed thereunder. CITY retains the right, but not the obligation, to represent CONSULTANT and/or to be present at any deposition, .hearing, or similar proceeding. CONSULTANT agrees to cooperate fully'vith CITY and to provide CITY with the opportunity to teviev any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said.response. CITY warrants that CONSULTANT will have fully met the requirements of this provision by obtaining CITY's written approval prior to providing documents, testimony, or declarations; consulting with CITY before responding to a Subpoena or court order; in the case of depositions upon providing notice to CITY of same; or providing CITY opportunity to review discovery responses prior to submission. For purposes of this section, a written authorization from CITY shall include a •FARed' letter. 7. BEST EFFORTS. CONSULTANT shall utilize its best efforts -to perform services required.by this Agreement.- CONSULTANT agrees to dedicate the necessary personnel and time to carry out the work as proposed. In the event that litigation is commenced involving the work product of CONSULTANT, CONSULTANT will, at the request of the CITY, assist the CITY in that litigation. Assistance shall be billed at the standard rate of $45.00 per hour, and all such compensation is not a part of the compensation described in Paragraph 4 above. Should such litigation demonstrate that CONSULTANT was negligent or committed misfeasance or malfeasance in providing services to the CITY, or used patented, copyrighted or proprietary information without full legal authority to do so, no added compensation shall be due for providing such assistance,. and CONSULTANT shall defend, indemnify and hold CITY harmless from any loss resulting therefrom. 8. NEWS RELEASES/INTERVIEWS. All. CONSULTANT and Subconsultant/Subcontractor news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the Contract Administrator. 9. WAIVER OF DEFAULT. The failure of any party to enforce against another a -provision of this Agreement shall not constitute a waiver of that party's right to ,enforce such a provision at a later time, and shall not serve to vary the terms .of this Agreement. 10: FORUM. Any lawsuit pertaining to any matter. arising under or growing out of this contract shall be instituted in Los Angeles County, California. 11. NOTICES.' All notices relative to this Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: DONALD M. WILLIAMS CITY OF SANTA CLARITA City Hall 23920 Valencia Boulevard, Suite 302 Santa Clarita, California 91355 CONSULTANT: ESTHER AGUILAR AGUILAR S ASSOCIATES 27295 Quailwood Drive Keene, CA 93531 12. ASSIGNMENT. This contract shall not be assigned by any party, nor shall any party be substituted, without prior written consent of all the parties. 13. BINDING EFFECT. The rights - -and obligations of this Agreement shall inure to the benefit of, and be binding upon, the - parties to the contract and their'heirs, administrators, executors, personal representatives, successors and assigns. 14. ATTORNEY'S FEES. In any. action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and court costs and other litigation expenses, such as expert -witness fees and investigation expenses. 15. MERGER AND MODIFICATION. This contract sets forth the entire agreement between the parties, and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the Contract Administrator and signed by all the parties. In the event of a, conflict between the terms, conditions or specifications set forth herein and those in Exhibits attached hereto, the terms, conditions or specifications set forth herein shall prevail. 16. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and .that this Agreement is binding upon said corporation or organization.in accordance with its terms. 17. TERMINATION. This agreement may be terminated by any. party upon 15.days written notice to all other parties. In the event of termination, CONSULTANT shall be paid for the work completed up to the date of notice of termination. Upon termination, CONSULTANT shall deliver all materials relative to the Scope of Work to the CITY. 18. COMPLIANCE WITH ALL LAWS. CONSULTANT shall, at CONSULTANT's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter by in force, pertaining to this Agreement,. and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now 'in force or .which may hereafter be in force. 19. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONSULTANT as an independent contractor, and CONSULTANT will not .be considered an employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONSULTANT other than that of an independent contractor. 20. INSURANCE. During the term of this Agreement, CONSULTANT shall maintain a single limit broad form commercial general liability insurance policy in an amount of not less than $1,000,000 per occurrence with .combined liability for personal injury and property damage, and automobile liability in an amount not less than $500,000 per occurrence with- a reliable insurance carrier authorized to do business in the State of California, including .workmen's, compensation coverage. Said policy or policies of insurance shall expressly name the CITY and its agents, officers, and employees as additional insureds. Said insurance shall not be subject to cancellation, non -renewal, or coverage reduction without thirty (30) days written notice to CITY. CONSULTANT shall provide to the CITY proof of insurance endorsements and certificates of insurance, prior to execution- of this Agreement. Said proof of endorsements and certificates of insurance shall be attached to this Agreement as Exhibit B. 21. INDEMNITY. CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents, and employees against any and all liability, claims, actions, causes of actions or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by CONSULTANT, CONSULTANT's employees, agents, or independent contractors or companies in the performance of (or in any way arising from) the terms and provisions of this Agreement. 22. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall.not be construed against any party. 23. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY is: Donald M. Williams Senior Planner CITY OF SANTA CLARITA 23920 Valencia Boulevard, 1302 Santa Clarita, California 91355 CONSULTANT shall bet. Esther Aguilar Consultant 27295 Quailvood Drive Keene, California 93531 The Contract Administrator and the CONSULTANT shall.be the primary contact person for CITY and CONSULTANT. 24. ACCOUNTING RECORDS. CONSULTANT shall maintain accurate accounting records and other written documentation pertaining to, the costs incurred in performance -of this Agreement. Such records and documentation shall be kept at CONSULTANT's office during the period of this Agreement, and after the term of this agreement for a period of three years from the date of the final payment under this Agreement, and shall be made available to Contract Administrator or his designated representatives upon request at any time during regular business hours. 25. CONFLICT OF INTEREST. CONSULTANT stipulates that corporately or individually, the firm, its employees and any subconsultants have no financial interest in either the success or failure of any project which is dependent on the results of the. studies prepared under this agreement. CONSULTANT covenants that it has no interests, nor shall it acquire any interest, directly.or indirectly, which will conflict in any manner or degree with the performance of services hereunder. CONSULTANT further covenants that in the performance of this Agreement,- no person having such interest shall be employed by CONSULTANT as an officer, employee, agent, or subcontractor. CONSULTANT further covenants that CONSULTANT has not contracted with nor is performing any services directly or indirectly, 'with the developer(s) and/or property ovner(s) and/or firm(s), and/or partnership(s) owning property in the CITY and/or any area to be studied prior to completion of this Agreement. TAX NUMBERS. CONSULTANT's Federal Tax ID Number is 571-96-7485. CONSULTANT is NOT a corporation. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. CONSULTANT Date CITY OF SANTA CLARITA Date • Esther Aguilar Aguilar 6 Associates George A.•Caravalho City Manager Approved As To Form: Carl Newton, City Attorney EEHIHIT A SCOPE OF VOR& CONSULTANT shall, upon the request of the Director of Community Development or designee, independently under direction, perform the following services for the City of Santa'Clarita: 1. Review of Applicant Submittals a. Review and assist in making determinations as to the adequacy of annexation requests, applications, maps and related materials; b. Advise and assist applicants as to the materials and information required for annexation and similar support duties as assigned. 2. Consultation and Recommendations a. Provide consultation to the Cityon all subjects relating to annexations, including advisement on specific annexation proposals, general annexation procedures and practices, and on peripheral issues relatedto annexation; b. Assist the City .in creating, developing and devising policies, strategies and related materials to establish and promote a successful annexation program. 3. Administrative Support a. Prepare correspondence and information materials in the form of letters, memos, illustrations, exhibits, brochures, pamphlets and similar related items; b. Prepare such reports as may be necessary to perform the annexation support services requested. . 4. Public Hearings Attend. public hearings and similar other group meetings as may be required from time to time. 5. Meetings Attend annexation meetings with City staff,. annexation proponents/applicants, residents and others, as may be required from time to time. 6. Other Annexation Support Services Performother annexation. related services as may fall within the general scope of work related and identified herein. 0 0 CITY OF SANTA CLARITA I N T E R O F F I C E M E M 0 R N D U M TO: Don Williams, Senior Planner FROM: E. u lar, Annexation Consultant DATE: October 30, 1991 SUBJECT: Cost Comparisons for Annexation Services This memorandum provides a cost comparison among various cities.for annexation planning services. The following chart lists:the city and indicates if annexation planning services are provided by staff or a consultant. For cities where staff provides annexation planning services, the hourly rate is based upon wages paid by the city and includes a 33Z increase to cover fringe benefits. For cities where a consultant is used to provide the service, an average hourly rate has been provided. Attachment A is a typical professional fee schedule for land use planning services used by consulting firms. CITY STAFF CONSULTANT COST/HOUR* Bakersfield Principal Planner Tracy Senior Planner Palmdale Associate Planner Lancaster Associate Planner Calabasas Taft $37.23 39.00 .33.32 37.00 Senior Professional 65.00 Senior Professional 65.00 0 0 f.4Y4:ir:;I+�I�i:1 PROFESSIONAL FEE SCHEDULE JANUARY 1. 1990 Envicom Corporation provides its clients with consulting services in policy and land use planning and in the environmental sciences and related fields. Compensation for these services is based upon the following schedule of fees and charges. Hourly Fees for Professional and SupportStaff-, Principals Senior Associates Associates Senior Professionals Project Professionals Staff Professionals Project Administrators Cartographers/Word Processors Interns Expert Witness testimony: Two and one-half times the listed rate. Rate/Hou $ 125.00 95.00 80.00 65.00 55.00 40.00 45.00 40.00 25.00 1. Travel related expenses (hotels, meals, rental vehicles, etc.): Cost plus 15%. Per Diem charge for subsistence may be negotiated in lieu of expenses for hotels/meals. 2. Subcontractors and subconsultants: Cost plus 15%. 3. Communications charge: 2.5% of labor cost. Includes costs for routine correspondence, fax mailings, telephone, regular mail, and general shipping. 4. Xerox and photocopies: $0.15 per single -sided page (standard size page); $0.12 per page duplexed. 5. Out-of-pocket expenses for special reprographics, aerial photos, presentation graphics, publications, overnight shipping, project expendable materials and supplies, etc.: Cost plus 15%. 6. Microcomputers are charged at a hourly rate of $20.00/hour, plus software and peripheral equipment costs. 7. Passenger cars: $0.45 per mile. 8. Special transportation: $75.00/day plus $0.60/mile (includes 4 -wheel drive and non- standard rental cars). AGREEMENT FOR CONSULTANT'S SERVICES THIS AGREEMENT, is made and entered into this _th day of _, 1991, by and between the CITY OF SANTA CLARITA, a municipal corporation ("CITY") and Esther Aguilar ("CONSULTANT"). R E C I T A L S WHEREAS, CITY has requested specific annexation planning and support services and CONSULTANT is experienced and well qualified in annexation planning and support services; and WHEREAS, CONSULTANT is aware that confidential information may come . into CONSULTANT's possession which may impact the CITY's legal position in the event such information was released to outside parties; and -WHEREAS, CITY desires CONSULTANT to provide annexation planning and support services as set forth herein; NOW, THEREFORE, CITY and CONSULTANT mutually agree as follows: 1. SCOPE OF WORK. The Scope of Work is set forth in Exhibit A, attached and incorporated here by reference, and is generally described as annexation planning and support services. CONSULTANT's services will include all the procedures necessary to properly complete the tasks CONSULTANT has been requested to perform. 2. COOPERATION. CITY and its officers and employees shall provide necessary information to CONSULTANT from available sources as required to perform the services described herein and in accordance with the Scope of Work. 3. . COMPENSATION.' Compensation to CONSULTANT for. services under paragraph one shall consist of a total payment of $36.75 per hour. The Compensation set forth in this paragraph shall be the total compensation for the services . provided by CONSULTANT including all out-of-pocket cost incurred by the CONSULTANT. CITY shall pay no fee other than the compensation listed in this paragraph unless otherwise agreed to in advance in writing by the CITY and CONSULTANT. 4. PAYMENT PROCEDURE. CONSULTANT shall be paid for work completed and invoiced and approved by CITY in accordance with the -terms of this agreement. Payment by CITY to CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of CONSULTANT's itemized invoice. 5. TITLE TO DOCUMENTS. All documents, plans, drawings, maps, photographs, and other papers, or copies thereof._ prepared by CONSULTANT pursuant to the terms of this agreement, shall be -the property of the CITY. CONSULTANT may retain copies of any or all above-mentioned documents for its files, subject to approval by the CITY. 6. CONFIDENTIALITY. During the term of this Agreement, CONSULTANT will be dealing with information of a confidential nature, and such information could severely damage CITY in the event any of said information was disclosed without authorization by the CITY. CONSULTANT will not disclose to anyone, directly or indirectly,either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of services provided to the CITY under this Agreement. All documents that CONSULTANT prepares and confidential information that might be given to CONSULTANT in the course of providing services under this Agreement are the exclusive property of the CITY and shall remain in the CITY's possession. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's written consent first being obtained. CONSULTANT shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning its services to the CITY or cooperate in any way with a party who may be adverse to the CITY or whom CONSULTANT reasonably should know may be adverse in any subsequent. litigation. CONSULTANT shall incur no liability under the Agreement for materials submitted by it which are later released by CITY, its officers, employees, or agents. CONSULTANT shall also incur no liability for statements made by it at any public meeting, or for any document released by it for which prior written CITY authorization was obtained. If CONSULTANT does voluntarily provide information in violation of this Agreement, CITY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT's conduct --including attorney's fees. CONSULTANT, shall promptly notify CITY should CONSULTANT, its. officers, employees, agents or subcontractors be .served with any Summons, Complaint, Subpoena, Notice of Deposition, Request. for Documents, Interrogatories, Request for Admissions or other discovery requests from any party regarding this agreement and the. work performed thereunder. CITY retains the right, but not the obligation, to represent CONSULTANT and/or to be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response. CITY warrants that CONSULTANT will have fully met the requirements of this provision by obtaining CITY's written approval prior to providingdocuments, testimony, or declarations; consulting with CITY before responding to a Subpoena or court order; in the case of depositions upon providing notice to CITY of same; or providing CITY opportunity to review discovery responses prior to submission. For purposes of this section, a written authorization from CITY shall include a "FAXed" letter. 7. BEST EFFORTS. CONSULTANT shall utilize its best efforts to perform services required by this Agreement. CONSULTANT agrees to dedicate the necessary personnel and time to carry out the work as proposed. In the event that litigation is commenced involving the work product of CONSULTANT, CONSULTANT will, at the request of. the CITY, assist the CITY in that litigation. Assistance shall be billed at the standard rate of $45.00 per hour, and all such compensation is not a part of the compensation described in Paragraph 4 above. Should such litigation demonstrate that CONSULTANT was negligent or committed misfeasance or malfeasance in providing services to the CITY, or used patented, copyrighted or proprietary information without full legal authority to do so, no added compensation shall be due for providing such assistance, and CONSULTANT shall defend, indemnify and hold CITY harmless from any loss resulting therefrom. 8. NEWS RELEASES/INTERVIEWS. I All CONSULTANT and Subconsultant/Subcontractor news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the Contract Administrator. 9. WAIVER .OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 10. FORUM. Any lawsuit pertaining to any matter .arising under or growing out of this contract shall be instituted in Los Angeles County, California., 11. NOTICES. All notices relative to this Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: DONALD M. WILLIAMS CITY OF SANTA CLARITA City Hall 23920 Valencia Boulevard, Suite 302 Santa Clarita, California 91355 CONSULTANT: ESTHER AGUILAR AGUILAR &.ASSOCIATES 27295-Quailwood Drive Keene, CA 93531 12. ASSIGNMENT. This contract shall not be assigned by any party, nor shall any party be substituted, without prior written consent of all the parties. 13. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their'heirs, administrators, executors, personal representatives, successors and assigns. 14. ATTORNEY'S FEES. In any action to enforce the terms of this. Agreement,. the prevailing party shall be entitled to recover its attorney's fees and court costs and other litigation expenses, such as expert witness fees.and investigation expenses. 15. MERGER AND MODIFICATION. This contract sets forth the entire agreement between the parties, and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the Contract Administrator and signed by all the parties. In the event of a.conflict between the terms, conditions or specifications set forth herein and those in Exhibits attached hereto, the terms, conditions or specifications set forth herein shall prevail. 16. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants .that they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. 17. TERMINATION. This agreement may be terminated by any party upon 15 days written .notice to all other parties. In the event of termination, CONSULTANT shall be paid for the work completed up to the date of notice of termination. Upon termination, CONSULTANT shall deliver all materials relative to the Scope of Work to the CITY. 18. COMPLIANCE- WITH ALL LAWS. CONSULTANT shall, at CONSULTANT's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which.may hereafter by in force, pertaining to this. Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or .which may hereafter be in force. 19. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONSULTANT as an independent contractor, and CONSULTANT will not be considered an employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONSULTANT other than that of an independent contractor. 20. INSURANCE. During the term of this Agreement, CONSULTANT shall maintain a single limit broad form. commercial general liability insurance policy in an amount of not less than $1,000,000 per occurrence with combined liability for personal injury and property damage, and automobile liability in an amount not less than $500,000 per occurrence with a reliable insurance carrier authorized to do business in the State of California, including workmen's compensation coverage. Said policy or policies of insurance shall expressly name the CITY and its agents, officers, and employees as additional insureds. Said insurance shall not be subject to cancellation, non -renewal, or coverage reduction without III - -- thirty (30) days written notice to CITY. CONSULTANT shall provide to the CITY .proof of insurance endorsements and certificates .of insurance prior to execution of this Agreement. Said proof of endorsements and certificates of insurance shall be attached to this Agreement as Exhibit B. 21. INDEMNITY. CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents, and employees against any and all liability, claims, actions, causes of actions or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by CONSULTANT, CONSULTANT's employees, agents, or independent contractors or companies in the performance of (or in any way arising from) the terms and provisions of this Agreement. 22. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 23. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY is: Donald M. Williams Senior Planner CITY OF SANTA CLARITA 23920 Valencia Boulevard, 1302 Santa Clarita, California 91355 CONSULTANT shall bet Esther Aguilar Consultant 27295 Quailwood Drive Keene, California 93531 The Contract Administrator and the CONSULTANT shall be the primary contact person for CITY and CONSULTANT. 24. ACCOUNTING RECORDS. CONSULTANT shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of, this Agreement. Such records and -documentation shall be kept at CONSULTANT's.office during the period of this Agreement, and after the term of this agreement for a period of three years from the date of the final payment under this Agreement, and shall be made available to Contract Administrator or his designated representatives upon request at.any time during regular business hours. 25. CONFLICT OF INTEREST. CONSULTANT stipulates that corporately or individually, the firm, its employees and any subconsultants have no financial interest in either the success or failure of any project which is dependent on the results of the studies prepared under this agreement. J CONSULTANT covenants that it has no interests, nor shall it acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of services hereunder. CONSULTANT further covenants that in the performance of this Agreement, no. person having such interest shall be employed by CONSULTANT as an officer, employee, agent, or subcontractor. CONSULTANT further covenants that CONSULTANT has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s), and/or partnership(s) owning property in the CITY and/or any area to be studied prior to completion of this Agreement. TAR NUMBERS. CONSULTANT's Federal Tax ID Number is 571-96-7485. CONSULTANT.is NOT a corporation. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. CONSULTANT Date CITY OF SANTA CLARITA Date Esther Aguilar Aguilar 5 Associates George A. Caravalho City Manager Approved As To Form: Carl Newton, City Attorney i 4 0 EXHIBIT A SCOPE OF YORK CONSULTANT shall, upon the request of the Director of Community Development or designee, independently under direction, perform the following services for the City of Santa Clarita: 1. Review of Applicant Submittals a. Review and assist in making determinations as to the adequacy of annexation requests, applications, maps and related materials; b. Advise and assist applicants as to the materials and information required for annexation and similar support duties as assigned. 2. Consultation and Recommendations a. Provide consultation to the City on all subjects relating to annexations, including advisement on specific annexation proposals, general annexation procedures and practices, and on peripheral issues related to annexation; _ b. Assist the City in creating, developing and devising policies, strategies and related materials to establish and promote a successful annexation program. 3. Administrative Support a. Prepare correspondence and information materials in the form of letters, memos, illustrations, exhibits, brochures, pamphlets and similar related items; b. Prepare such reports as may be necessary to perform the annexation support services requested. 4. Public Hearings Attend. public hearings and similar other group meetings as may be required from time to time. 5. Meetings Attend annexation meetings with City staff, annexation proponents/applicants, residents and others, as may be required from time to time. 6. Other Annexation Support Services Perform other annexation -related services as may fall' within the general scope of work related and -identified herein. CITY OF SANTA CLARITA I N T E R O F F I C E M E M O R A N D U M T0: Don Williams, Senior Planner FROM: E. I u'lar, Annexation Consultant DATE: October 30, 1991 SUBJECT: Cost Comparisons for Annexation Services This memorandum provides a cost comparison among various cities for annexation planning services. The following chart lists the city and indicates if annexation planning services are provided by staff or a consultant. For cities where.staff provides annexation planning services, the hourly rate is based upon wages' paid by the city and includes a 331 increase to cover fringe benefits. For cities where a consultant is used to provide the service, an average hourly rate has been provided. Attachment A is a typical professional fee schedule for land use planning services used by consulting firms. CITY STAFF CONSULTANT COST/HOUR* Bakersfield Principal Planner $37.23 Tracy Senior Planner 39.00 Palmdale Associate Planner 33.32 Lancaster Associate Planner 37.00 Calabasas Senior Professional 65.00 Taft Senior Professional 65.00 PROFESSIONAL FEE SCHEDULE JANUARY 1. 1990 Envicom Corporation provides its clients with consulting services in policy and land use planning and in the environmental sciences and related fields. Compensation for these services is based upon the following schedule of fees and charges. Hourly Fees for Professional and Support Staff- Rate our Principals $ 125.00 Senior Associates 95.00 Associates 8000 Senior Professionals 65.00 Project Professionals 55.00 Staff Professionals 40.00 Project Administrators 45.00 Cartographers/Word Processors 40.00 Interns 25.00 Expert Witness testimony: Two and one-half times the listed rate. Project -related Exn ns s• 1. Travel related expenses (hotels, meals, rental vehicles, etc.): Cost plus 15%. Per Diem charge for subsistence may be negotiated in lieu of expenses for hotels/meals. 2. Subcontractors and subconsultants: Cost plus 15%. 3. Communications charge: 2.5% of labor cost. Includes costs for routine correspondence, fax mailings, telephone, regular mail, and general shipping. 4. Xerox and photocopies: $0.15 per single -sided page (standard size page); $0.12 per page duplexed. 5. Out-of-pocket expenses for special reprographics, aerial photos, presentation graphics, publications, overnight shipping, project expendable materials and supplies, etc.: Cost plus 15%. 6. Microcomputers are charged at a hourly rate of $20.00/hour, plus software and peripheral equipment costs. 7. Passenger cars: $0.45 per mile. 8. Special transportation: $75.00/day plus $0.60/mile (includes 4 -wheel drive and non- standard rental cars).