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HomeMy WebLinkAboutReso 104-05 DavidBabcockAmdAgmt RESOLUTION NO. 104 - 05 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF DUBLIN ****it****:It*fr."" APPROVING LANGUAGE AMENDMENTS FOR AN APPROVED CONTRACT WITH DAVID BABCOCK AND ASSOCIATES IN THE PLANNING DIVISION RELATING TO INDEMNIFICATION AND CONSULTANT RESPONSIBILITIES WHEREAS, the City of Dublin is experiencing significant increases in new development applications; and WHEREAS, with the acceleration of new development projects in both Western and Eastern Dublin, the need to retain outside consultant firms is necessary, and WHEREAS, staff has determined it necessary to hire technical support to provide expertise in Building and Planning and other specialized construction issues when current staff is unable to complete projects in a timely fashion due to workloads, and WHEREAS, the City of Dublin Planning Commission and City Council has directed staff to move projects expeditiously, and hire consultant firms when services are needed, and WHEREAS, the City has approved contracts with David Babcock and Associates to perform various technical services and have demonstrated they have adequate ability to perform, and; WHEREAS, Staff has determined it is necessary to add language amendments for approved contracts related to indemnification and consultant responsibilities as an independent contractor, and; WHEREAS, consultants will only perform work on a time and material basis at the direction of the Community Development Director, and WHEREAS, all costs will be charged to the Community Development Department budget in accordance with costs associated with certain projects, and WHEREAS, the contract has been reviewed and approved by the City Attorney's Office as to form. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the language amendments in Section 5 of the standard consultant agreements for David Babcock and Associates. BE IT FURTHER RESOLVED that the Community Development Director is authorized to obtain consultant signature accepting this amendment to Section 5 and sign the contract on behalf of the City. PASSED, APPROVED AND ADOPTED this 21" day of June, 2005. AYES: Councilmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None K'/G/6-2i-05/reoo 104-05 David Babcock (item 4.4) G:\Ag~nda8\2005\¡;:c caotraL1 amendli:d language reso for Dave Babcock..dm: .- CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DAVID BABCOCK AND ASSOCIATES ON-CALL CONTRACT FOR PLANNING SERVICES THIS AGREEMENT for,:g 2e¡ices is made by and between the City of Dublin ("City') and Jeny Haag ("Consultant") as of , 20aÇ Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end one year thereafter, except that the Agreement shall be automatically extended from year to year unless the Agreement is otherwise terminated, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall peliorm all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 AssiQnment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonabiy necessary to meet the standard of performance provided in Section 1,1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consuitant the hourly sum set forth in Exhibit B, notwithstanding any contrary indications thatmay be ëi:mtainedin Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shali prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bili City for duplicate services performed by more than one person. Consulting Services Agreement between City of Dublin and David Babcock and Associates July 1,2005 Page 1 of 12