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Home My WebLink AboutFEENEY, THOMAS A/PACIFIC GROUP; 2011-11-21;AGREEMENT FOR PROFESSIONAL ASSESSMENT OF ALGA NORTE PARK REQUEST FOR PROPOSAL Thomas A. Feeney, doing business as Pacific Group .THIS AGREEMENT is made and entered into as of the <ybl _ day of . 20 // , by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Thomas A. Feeney, a Sole Proprietor ("Contractor"). RECITALS City requires the professional services of a firm that is experienced in assessing the Request for Proposal for operations and maintenance of the proposed Alga Norte Park. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2- TERM This Agreement will be effective for a period of 90 days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be an amount not to exceed five thousand dollars ($5,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' City Attorney Approved Version 5/12/11 compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General liability. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9- TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et sea. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. AMENDMENTS City Attorney Approved Version 5/12/11 This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: WlXStyfcttfe, (signThere)J (print name/title) (sign here) (print name/title) By: City Managef-erWIaydTor Director^x^''*"//, O S^> ' ATTEST: LORRAINE M. WOOD City Clerk '"',,? * Vs ''//iu\*xX If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALk^BTtyAttorney Assistant City Attorney City Attorney Approved Version 5/12/11 EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide consulting services to the City on an as-needed basis during the process of drafting an operator RFP relating to the proposed Alga None Park. Examples of the types of consulting services that could be provided by Consultant to the City include but are not limited to the following: • Review previous studies of the project for relevance to the RFP • Review City's draft RFP for operators • Provide drafts of proposed changes/additions to the draft RFP • Identify potential operators • Discussions with the City staff • Written memo preparation • Review of ongoing proposed changes to the RFP • Other contingencies. All work performed as described in Exhibit A for a total price not to exceed $5,000. Payment for services shall be as follows: Agreement will be undertaken on a time and materials basis. The hourly rates charged will be as follows: Hourly Rate Thomas A. Feeney-Principal $160 Associate $ 90 Support Staff $ 60 Report duplication and travel costs will be billed at cost. At its discretion, the City may require receipts to be submitted by the Consultant for payment of report duplication and travel costs. Consultant will notify the City when the total costs reach $3,000. Invoices will be submitted every two weeks and will be payable within two weeks. City Attorney Approved Version 5/12/11 California Ail-Purpose Acknowledgment State of Caljforn County of s.s. On before m personally appeared. who proved to me on the basis of satisfactory evidence to be the person^) whose namej£) is/are-subscribed to the within instrument and acknowledged to me thafne/stwfttwy executed the same in his/herrthwr,authorized capacityflea), and that by his/her/their signature!^) on the instrument the person^, or the entity upon behalf of which the person^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is J true and correct. WITNE mv hand and official seal. SALLY NAVARRO I COMM. #1882075 z Notary Public • California § San Mateo County -• My Comm. Expires Apr. 1,2014 f OPTIONAL INFORMATION Description of Attached Document _ The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose containing y pages, and dated //" i* ^ '.^ The signer(s) capacity or authority is/are as: n Individual(s) : ' Attomey-in-fact < Corporate Officer(s) L] Guardian/Conservator n Partner-Limited/General G Trusteefs) n Other i Method of Signer Identification • Proved to me on the basis of satisfactory evidence: )f ', form(s) of identification credible witness(es) ] Notarial event is detailed in notary journal on: Page* ^(.0 Entrv# / Notary contact: 6>D & 3^7^- % &/~3 | Other : ; Additional Signer L Signer(s) Thumbprints(s) representing: