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RES 90-14 BART BERG LANSCAPING SERVICES~~ ~, ~~ ;:~: =~: ~. ~~, RESOLUTION NO. 90-14 A RESOLUTION OF' THE CITY OF WINSLOGJ WASHING'IbN, APPROVING THE I;ANDSCAPING CONSULTANT SERVICES OF BART 'BERG. WHEREAS, the. City Council of the City of Winslow, Washington, has determined the need for the services of an additional landscaping consultant to assist the Planning Agency with land use issues and :actions involving landscaping and the environment; and WI~F2EAS, the City Council of the City of Winslow, Washington, believes it is in the best interest of the health, safety, and welfare of the citizens of Winslow to enter into an agreement with an additional landscaping consultant to enlist his/her services; and NOW., THEREFORE,. be it resolved by the City Council of the .City of Winslow, Washington, as follows: The proposed contract (Exhibit A attached hereto and dated January 18, 199:0) with Bart Berg 'for landscaping consultant services is hereby approved. APPRO~ZF,D BY THE COUNCIL of the City of Winslow, Washington, this 18th day of Janua 1990. -. -_-, '_ =~ - -- `~ AT7'~,'ST./AUTE-iIIVTICP;TE: .~.. ~_ _ ~` " ~ '~~ _, _-. ---- ' /~~ . - ~ ~ ~ :, C1erkJ-Treasurer AGREENO~IT FOR LANDSCAPING CONSULTANT SERVICES FOR .. TEC'rINICAL REVIEW OF VARIOUS LAND USE PROJECTS IN THE - CITY OF WINSLOW This agreement between the CLTY OF WINSLOW and (hereafter City) and BART BERG (hereafter Consultant) made this 18th day of January 19 90, shall be as follows: In consideration of mutual covenants herein and the fees provided below: I. SCOPE OF SERVICES. The scope of sere-ices performed by the consultant shall 'be as follows: A. The objective of the services is to provide technical review support to the,city land use office and planning agency for landscaping design, specifications, studies and inspections of various land use projects as tasked. B. Tvpe of work to be tasked include,. but are not limited to, as follows: _ 1. Evaluate building permit application landscaping plans to meet established WMC ordinances, codes and standards. 2. Review existing and/or proposed zoning, ordinances and design .standards and provide recommendations to meed desired city objectives and goals. 3. Conduct inspections of landscaping installations of projects to ensure installations meet approved landscaping drawings. ~, Conduct studies and evaluations of miscellaneous issues and problems areas pertaining to landscaping and environmental concerns. LI. TASKS. 'All tasks will be assigned by work orders from the City land use administrator. Each task. shall be mutually agreed upon by and between the City and Consultant. as to scope of work, Consultant's compensation and completion of task. _ _ page. 1- AGREEMENT FOR LANDSCAPING CONSULTANT SERVICES October 13, 1989 Q~ ~~~ _ _ III. COST AND BUDGET ELEMENTS. The.. total cost of services to be tasked. by the City under this agreement shall not e;cceed ~ ~ ~ CC Fees for Consultant's work are as follcws: Landscaping engineer: $34 per hour Landscaping technician: X20 per hour The Consultant and City will specifiy in ,writing, in advance, the general nature of services that can be done by the engineer and by the technician. IV. CONDITIONS Term. The term of this contract shall be until ~~'~ ~-~-~ Ownership. All reports, plans, specifications and data and documents produced in the performance oz tris work shall be the property of the. City and delivered to the City upon completion of this contract. Chances. The City may, from time to time, require changes in the scope of services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the _ Consultant, shall be incorporated in written amendments to this agreement, signed in the same manner as below. Subconsultants. o or will secure a. The consultant represents that it has, at its own expense, all personnel and subconsultants required in performing the services under this Agreement. Such personnel shall. not be employees of or have any contractual relationship with the City. b. All of the services required hereunder will be performed by the Consultant or under his supervision, and all personnel engaged in the work .shall be authorized-under state and local law to perform such services. City Review/Aptiroval. Upon submittal of any report. or other information required by-the scope of work, the City may, following review by the City, accept such work or reject it, or request such modification or additions as it deems appropriate. Pa~-ment for such work will not be made until. the work is accepted by the City. FOR LANDSC G CONSULTP.I`tT SERVICES paste 2- October 13, 1989 ~~ ;~- . ~, ,.~ .; ~. Access to Books/Records. The City may,. at reasonable times, inspect the books and records of the :Consultant relating to performance of this agreement. -,:~ Indemnification. The Consultant hereby agrees to save harmless and defend the City from all claims .and liability due to the negligent acts, error's, or omissions of the Consultant, its agents, and subconsultants. The City shall not be obligated or liable to the Consultant or to :any other party for any claim whatsoever arising in connection with this Agreement except for negligence that is the fault of the City. Compliance with Laws.. The Consultant -shall comply with all applicable federal, state and local laws in performing this contract. Interest of Consultant.. The Consultant cove-pants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with. the performance of services required to be performed under this contract or the interest of the City of Winslow. The Consultant further covenants that in the performance of this agreement, no person having any such interest shall be employed. The Consultant shall not later acquire any adverse interest to the City in conversation with any services previously performed. Termination. If the Consultant breaches any of its obligations hereunder, and fails to cure the same within five days of written notice to do so, the City may terminate this contract, in which case the City shall pay the Consultant only for the costs of services accepted by the City. This is an integrated document and all changes hereto must be in writing and signed in same manner as below. DATED January 18, .1990 CITY OF WINSLOW ATT - ST/AUTHENTICATED-:.~ ,~ 'DONNA JEA~'BUXTON/Clerk-Treasured SAM ~~ANATO, Mayor Consultant A PR VED AS TO FORM• o--~...~.~~- ROBERT O. CONOLEY/City Attorney EMENT NG CONSULTANT SERV S Octo page 3 13, 1989