HomeMy WebLinkAboutNB 2 PLNG CONS EXTEN 09-02-80DATE:
AUGUST 26, 1980
NEW BUSINESS
Inter-Corn
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: DAN BLANKENSHIP, CITY ADMINISTRATOR
SUBJECT: EXTENSION OF PL~/qNING CONSULTANT CONTRACT
Attached is a copy of the City's.existing contract with Dr. Ken Fleagle for
Planning Consultant services which expires on September 11, 1980. Dr. Fleagle
has agreed to an extension of contract under the same terms and conditions.
Mike Brotemarkle and I believe that an extension of the contract is in the
best interest of the City as it will assist in expediting various projects
such as annexations, environmental impact reports, development standards, and
other planning related matters. Failure to extend the contract will result in
a much slower progress on such special projects which is contrary to our inter-
pretation of Council's goals.
It is therefore recommended that Council approve a one-year extension of the
existing contract (to September 11, 1981) under the same terms and conditions
and authorize the Mayor and City Clerk to execute the necessary agreement
after it is prepared by the City Attorney.
Respectfully submitted,
Dan Blankenship
City Administrator
DB/bb
AGREEMENT
This agreement entered into this 12th day of September, 1979 be-
tween the CITY OF TUSTIN, a municipal corporation, hereinafter referred
_to as "CITY" and R. KENNETH FLEAGE, D.P.A., an independent contractor,
'esiding in Tustin, California, hereinafter referred to as "CONSULTANT".
W I TN E S S ET H:
WHEREAS, CITY desires certain survey, studies, reports, and docu-
ments, required by the laws of the State of California, and advisory
services related to planning, zoning, and development; and
WHEREAS, CONSULTANT, by virtue of his education and experience,is
competent to provide independent, expert services required to formulate
the required documents and development services;
NOW THEREFORE, in consideration of the promises and the covenants
and agreements hereinafter provided, the parties agree as follows:
CONSULTANT shall perform work with priorities as determined and
approved by the City Administrator in accordance with the time
authorized by the City Council. Projects assigned may include but
need not be limited to, any of the following or similar type
projects.
a. Parking studies and standards.
b. Environmental impact Studies and Reports.
c. Revision of Zoning Ordinance.
d. Revision of other land use related ordinances.
e. Consultation on major zone changes and general plan amend-
ments.
f. Annexation proposals and information programs.
g. Redevelopment Area planning and programs,
h. Consultation with City Council and staff relating to
development and land use matters.
CONSULTANT, in carrying out the functions and projects, as de-
sired by the CITY, shall provide services to CITY of the number
of hours approved by the City Council which shall be not less than
40 hours per month nor mare than 72 hours per month except upon
further mutual written agreement.
CITY shall make available to CONSULTANT office space and such
secretarial and support services as shall be determined from
time to time by CITY to be reasonable and necessary.
CONSULTANT agrees to perform the services set forth herein, and '
CITY agrees to pay the sum of Two Hundred Dollars ($200.00) per
month during each month of the term of this agreement, together
with the sum of Sixteen Dollars ($16.00) for each hour worked by
CONSULTanT in the performance of the services provided herein.
Each month CONSULTANT shall furnish CITY with a detailed, itemized
written statement of services performed each month and the hours
spent on each activity. The aforementioned sums shall constitute
CONSULTANT'S entire compensation and CONSULTANT shall not be
entitled to fringe or any other benefits nor any other form of
additional compensation not specifically provided for herein.
CITY and CONSULTANT intend, by this agreement, to establish only
an independent contractor relationship and not an employer-
employee relationship. As an independent contractor, CONSULTANT
shall not be deemed to be an employee of CITY as that term is
defined in California Labor Code Section 3351 (b) or otherwise.
It is agreed that no compensation will be provided to CONSULTANT
from CITY or any other source as an employee and all rights are
waived for claims under the provisions of the California Labor
Code Worker's Compensation Act.
Neither this agreement nor any duties or obligations hereunder
shall be assignable by CONSULTANT without the prior written
consent of CITY.
The term of this agreement shall be for one (1) year, commencing
on September 12, 1979 and terminating on September 11, 1980,
unless mutually extended, or modified or amended in writing by
the parties hereto.
This agreement supersedes any and all agreements either oral or
in writing between the parties hereto, and no other agreement,
statement, or promise relating to the subject matter of this
agreement shall be valid or binding.
IN WITNESS WHEREOF, this agreement has been executed by the
parties hereto the day and year first above written.
APPROVED AS TO FORM:
-- Cit~ 2%t'to rney
by
R. KENNETH FLEAGLE, D.P.A.
Consultant
CITY OF TUSTIN, a municipal
corporation
STEPHEN SCHUSTER, Mayor
ATTEST:
-2-