CONTRACT FOR SERVICES

Transcription

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2 CONTRACT FOR SERVICES THIS AGREEMENT, made and entered into this 10th day of November, 2015, between the County of Marin ("County'') and Pat O'Brien, hereinafter referred to as ("O'Brien"). RECITALS A. County desires to engage the services of O'Brien to provide various services as the Interim Director of Parks and Open Space including oversight of this department and will assist the County's recruitment efforts to :find a permanent Parks Director; and B. O'Brien desires to perform such services for County; NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties hereto agree as follows: 1. Term The term of this Agreement shall commence November 10,2015 and terminate on May 10, This Agreement may be terminated at any time by either party by giving five (5) days' prior written notice to the other party. 2. Scope of the Contract a. During the term of this Agreement, O'Brien shall provide services as documented in Exhibit A attached hereto and made a part hereof. O'Brien agrees to utilize his professional skill and best efforts in the performance of the setvices specified herein. O'Brien will make all presentations, attend public hearings and supetvise all services as directed by County. b. County shall be responsible for performances under Exhibit B attached hereto and made a part hereof. The representative of County who will monitor this Agreement shall be Matthew Hymel, County Administrator, or his designee. 3. Time of Performance and Payment a. Performance: O'Brien's work shall be scheduled and performed to meet agreed-upon deadlines. b. Payment: County shall compensate O'Brien for services performed Pat O'brien Conlract.doc

3 by O'Brien as set forth in the rate schedule documented in Exhibit C attached hereto and made a part hereof. O'Brien will be compensated $ per hour for approximately 25 hours per week All expenses incurred as part of this Agreement will be reimbursed at actual cost. Such compensation shall be full payment to O'Brien (tncluding expenses) for performance of said setvices; provided, however, that in no event shall the sutn of total compensation and reimbursable expenses paid O'Brien exceed $97, without prior written authorization by County. Any reimbursable expenses included within this not-toexceed sutn of $97, shall not exceed $ pet month. O'Brien shall submit a monthly invoice reporting hours worked and any reimbursable expenses, and County shall make payments on the apptoved invoices within thirty (30) days. 4. Abandorunent of Project a. County shall have the right to abandon or indefinitely postpone ("abandon" ot "abandonment") the project or the services for any or the entire project at any time. In such event, County shall give written notice of such abandonment. In the event of abandonment prior to completion of the work, O'Brien shall have the right to expend reasonable additional time to assemble wotk in ptogress for the purpose of proper filing and closing the job. Prior to expending said time, O'Brien shall present to County, a complete repott of said proposed job closure and its costs, and County may approve all or any part of said expense. Such additional time shall not exceed ten percent (10%) of the total time expended to the date of notice of termination. All charges thus incurred and approved by County, together with any other charges outstanding at the time of tetmination, shall be payable by County within thirty (30) days following submission of a final statement by O'Btien. b. Should the project or any portion thereof be abandoned, County shall pay O'Brien for all services performed theretofore in accordance with the terms of this Agreement as provided in paragraph 3.a and b above, as full payment due hereunder. 5. Waiver of Employment and Post-Employment Benefits It is expressly agreed that in the performance of the setvices necessary to carry out this Agreement, O'Brien is not a m~rit system employee pet County Personnel Management Regulation (PMR) 1.2, and is not entitled to benefits except as provided herein. O'Brien further agrees to waive any claim to tetitement benefits or any other postemployment benefits. 6. Employment Practices During the performance of this Agreement, O'Brien agrees that he will comply with all County PMRs including PMR Indemnification a. O'Brien agrees to indemnify and hold harmless the County ftom Pat O'brien Contract.doc

4 O'Brien's share of any and all claims, costs and liability, including attorney's fees, for any damage, injury or death of or to any person or the property of any person arising out of negligent acts, errors or omissions of O'Brien. County agrees to indemnify and hold harmless O'Brien from the County's share of any and all claims, costs, and liability, including attorney's fees, for any damages, injury or death of any person or the property of any person, arising out of negligent acts, errors or omissions of the County, its agents or employees. b. O'Brien hereby waives all claims and recourse against County, including the right of contribution for loss or damage or expenses by reason of death or injury to persons or damage to property, and releases County from any liability relating to or in any way connected to O'Brien's activities or O'Brien's use of the property, premises or facilities, unless injury or damage is caused by the negligence or the intentional and willful misconduct of County, its officers, directors, agents or employees, in which case liability will be apportioned according to fault. c. The provisions of this section shall sutv1ve the termination or expiration of this Agreement. 8. Insurance O'Brien shall procure and keep in force during the term of this Agreement, at O'Brien's own cost and expense, auto insurance in the amount of $100,000/$300,000 for bodily injury liability and $50,000 for property damage. In case of the breach of any provision of this section, County may, at County's option, take out and maintain, at the expense of O'Brien, such types of insurance in the name of O'Brien as County may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to O'Brien under this Agreement or may demand O'Brien to prompdy reimburse County. 9. Default In the event that O'Brien defaults in any obligation of O'Brien under this Agreement, or O'Brien defaults in the performance of any of the terms and conditions of this Agreement, County may, at its option, declare this Agreement to be in default and, at any time thereafter, may do any one or more of the following: a. Enforce performance of the Agreement by O'Brien, b. Terminate this Agreement, or c. Perform the obligations of O'Brien, Whereupon O'Brien shall reimburse County for any amounts paid or expenses incurred by County, or pay County any expenses and/ or damages incurred by County in the performance of such obligations, together with interest at the maximum rate of interest Pat O'brien Contract.doc

5 allowed by law on demand by County. County at its option may deduct any sum due to County from sums to be paid by County to O'Brien. The above remedies are in addition to any other remedies at law or equity County may have. O'Brien shall pay or reimburse County for all of County's costs and expenses, including reasonable attorneys' fees incurred in enforcing its rights hereunder. 10. Assignment O'Brien shall not assign or otherwise transfer any rights, duties, obligations or interest in this Agreement or arising hereunder to any persons or entities whatsoever without the prior written consent of County and any attempt to assign or transfer without such prior written consent shall be void. Consent to any single assignment or transfer shall not constitute consent to any further assignment or transfer. 11. Notices If either patty shall desire or be required to give notice to the other, such notice shall be given in writing, and shall be personally delivered or sent by prepaid U. S. certified or registered postage, return receipt requested, addressed to the recipient as follows: I COUN1Y: CONSULTANT: Matthew Hymel, County Administrator County of Marin 3501 Civic Center Drive, Rm 325 San Rafael, CA Pat O'Brien 871 Butternut Drive San Rafael, CA Either party may change its address by giving notice to the other in the manner provided herein. 12. Governing Law This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 13. Entire Agreement This Agreement contains all of the agreements and understandings of the parties pertaining to the subject matter contained herein and supersede all prior, contemporaneous agreements, representations and understandings of the parties. This Agreement cannot be amended o:r modified except by written agreement of all the parties. Pat O'brien Contract.doc

6 14. Severability The unenforceability, invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal. COUNTY OF MARIN By: ~{_ PAT O'BRIEN Date: APPROVED AS TO FORM By: ~ ~~'h~-----::::> County Counsel Pat O'brien Contract.doc

7 I. ' I EXHIBIT A Under the direction of the County Administrator, O'Brien will perform the duties of Interim Parks and Open Space Director for approximately seven (7) months effective November 10, These duties shall include the following: Oversee department operations Provide staff support to Board of Supervisors/ Open Space Commission Attend regular Board meetings Provide staff direction on major projects, including: Vegetation and Biodiversity Management Plan Road and Trail Management Plan Implementation Integrated Pest Management efforts Assist County with recl'uitment efforts for New Director O'Brien shall not have the power to hire, terminate, or adjust salary of a County employee without the prior written approval of the County Administrator. O'Brien will not be entided to any vacation, sick leave, holiday, retirement, workers compensation, disability, or other benefits or salary. EXHIBITB County will provide O'Brien office space at the Marin County Civic Center and appropriate office support and staff. County will provide no benefits or compensation to O'Brien in his role as Consultant except as itemized in writing by this Agreement. O'Brien will be subject to reporting requirements of the FPPC. EXHIBITC O'Brien will charge the County a flat hourly rate of $ for a not-to-exceed sum of $97, O'Brien will normally be available and working approximately 25 hours a week for a seven month period. Pat O'brien Contract.doc

8 Auto Insurance Declaration Page ~ ~ FARMERS INSURANCE Policy Number: Effective: 1/31/ :01 AM Expiration: 7/31/201612:01 AM Named lnsured(s): Patrick 0 Brien 871 Butternut Dr San Rafael, CA Underwritten By: refused@yahoo.com Farmers Insurance Exchange 6301 Owensmouth Ave. Woodland Hills, CA91367 Premiums/Fees Policy Premium Fees (*also see Information on Additional Fees below)... Policy Premium and Fees This is not a bill. Your bill with the amount due will be mailed separately. $ $ Household Drivers Name Patrickj Obrien Driver Status Covered Vehicle Information Veh. # Year/Make/Modei/VIN jeep Liberty 4D 4X2 Limited 1J4PP5GK9BW Coverage Information Coverage Bodily Injury Liability Property Damage Liability Medical Coverage Uninsured Motorist Bodily Injury Comprehensive Collision Additional Equipment Limits (applicable to all vehicles) $500,000 each person $500,000 each accident $1 00,000 each accident $5,000 each person $500 deductible $250,000 each person $500,000 each accident Uninsured Motorist Property See Endorsement CA050, Damage With Collision coverage C-2 Coverage Deductible Comprehensive: $250 Collision: $500 Additional Equipment: Limit $1,000 Premiums by Vehicle $ Included $17.20 $57.20 $57.00 $ Included $4.80 farmers.com Policy No st Edition /7/2015 Questions? Call your agent joan S Applebome at (415) or japplebome@farmersagent.com Manage your account: Go to to access your account any time! Page 1 of3

9 Declaration Page (continued) Coverage Towing and Road Service Glass Deductible Buyback Total Premium Per Vehicle ~ Policy Premium Limits (applicable t()allvehicles) Premiums by Vehicle Not Covered $2.90 $ $ Fee Detail Anti-Fraud Fee ~ Fees ~ Policy Premium and Fees Total $ Discounts Discount Type Anti-Lock Brakes Applies to Vehicle(s) 1 Discount Type Good Driver Applies to Vehicle(s) 1 Auto/Home Multiple Car Persistency Stability Control Safe Driver Rating Information Details Garaging Zip Current Annual Mileage 15,000 Previous Annual Mileage 20,648 Vehicle Usage Other Use Years of Driving Experience Policy and Endorsements This section lists the policy form number and any applicable endorsements that make up your insurance contract. Any endorsements that you have purchased to extend coverage on your policy are also listed in the coverages section of this declarations document: th ed.; CA030A3rd ed.; CA048 1st ed.; CA049 1st ed.; CA050 1st ed.; CA080A 2nd ed.; E1018 1st ed.; H1163 1st ed.; H11711st ed.;j62751st ed.;j62841st ed.;j64911st ed.;j64921st ed.;j66721st ed.;j69341st ed.; ; CA0972nd ed. Other Information You may be eligible for a different rate but with different coverage from Farmers Specialty Insurance Company. Please contact your Farmers' agent to discuss your options. -Deductible reduced to $100 for glass loss. farmers.com Policy No stEdition 4-14 Questions? Call your agent joan S Applebome at (415) or japplebome@farmersagent.com Manage your account: Go to to access your account any time! Page 2 of3

10 Declaration Page (continued) -Deductible waived if glass repaired rather than replaced. The Attorney-In-Fact (AI F) or management fee for your renewed policy will never exceed 20% of the policy's premiums and will be paid out of the premiums. You may wish to consider this information in deciding whether to accept or decline this offer to renew your policy. You have the right to designate an additional third party to receive any notice of cancellation for nonpayment of your premium for this policy. Please contact your Farmers agent if you would like to add, change, or remove a designee. Go Green by logging onto Farmers.com or contacting your Farmers Agent. Do you know that Farmers offers free of charge Farmers Friendly Reviews to ensure that you and your family are receiving the right coverage and savings, please contact your agent to setup an appointment. -Farmers recently sent you a mileage survey. Your mileage was updated to reflect the response that we received from you. Contact your agent with any questions about your mileage information. *Information on Additional Fees The "Fees" stated in the "Premium/Fees" box on the front apply on a per-policy, not an account basis. The following additional fees also apply: 1. Service Charge per installment (In consideration of our agreement to allow you to pay in installments): - For Monthly Recurring Electronic Funds Transfer (EFT) and fully enrolled online billing (paperless): $0.00 (applied per account) - For other Monthly EFT plans: $2.00 (applied per account) - For all other payment plans: $5.00 (applied per account) If this account is for more than one policy, changes in these fees are not effective until the revised fee information is provided for each policy. Countersignature 2. late Fee: $10.00 (applied per account) 3. Returned Payment Charge: $25.00 (applied per check, electronic transaction, or other remittance which is not honored by your financial institution for any reason including but not limited to insufficient funds or a closed account) 4. Reinstatement Fee: $18.40 (applied per policy) One or more of the fees or charges described above may be deemed a part of premium under applicable state law. Authorized Representative farmers.com Policy No Questions? Manage your account: Call your agent joan S Applebome at Go to to access (415) or your account any time! japplebome@farmersagent.com stEdition 4-14 Page 3 of3

11 Auto Insurance Declaration Page ~.. FARMERS INSURANCE Policy Number: Effective: 4/12/201612:01 AM Expiration: 10/12/201612:01 AM Named lnsured(s): Patrick 0 Brien 871 Butternut Dr San Rafael, CA Underwritten By: refused@yahoo.com Mid-Century Insurance Company 6301 Owensmouth Ave. Wood land Hills, CA Premiums/Fees Policy Premium Fees (*also see Information on Additional Fees below)...,._ Policy Premium and Fees This is not a bill. Your bill with the amount due will be mailed separately. $ $ Household Drivers Name Patrickj Obrien Driver Status Covered Vehicle Information Veh. # Year/Make/Modei/VIN Bmw 3251/lc/Ci Conv WBABB1303H Coverage Deductible Comprehensive: $250 Collision: $500 Additional Equipment: Limit $1,000 Coverage Information Coverage Bodily Injury Liability Property Damage Liability Medical Coverage Uninsured Motorist Bodily Injury Comprehensive Collision Additional Equipment Limits (applicable to all vehicles) $500,000 each person $500,000 each accident $1 00,000 each accident $5,000 each person $500 deductible $250,000 each person $500,000 each accident Premiums by Vehicle $ Included $8.80 $35.40 $37.00 $89.90 Included farmers.com Policy No st Edition /16/2016 Questions? Call your agent joan S Applebome at (415) or japplebome@farmersagent.com Manage your account: Go to to access your account any time! Page 1 of3

12 Declaration Page (continued) Uninsured Motorist Property Damage With Collision Towing and Road Service Total Premium Per Vehicle... Policy Premium Limits... Japplic(]bl?t()(JII.ve.hicles) See Endorsement H 1157, coverage C-2 Premiums by Vehicle $3.60 Not Covered $ $ Fee Detail Anti-Fraud Fee... Fees... Policy Premium and Fees Total $ Discounts Discount Type o ~--~ -~- OA~ e - o Anti-Lock Brakes Auto/Home Persistency ~ Applies to Vehicle(s) 1 Discount Type Good Driver Multiple Car Safe Driver Rating Information Details Garaging Zip Current Annual Mileage Previous Annual Mileage Vehicle Usage Years of Driving Experience ,500 Other Use N/A Policy and Endorsements This section lists the policy form number and any applicable endorsements that make up your insurance contract. Any endorsements that you have purchased to extend coverage on your policy are also listed in the coverages section of this declarations document: nd ed.; CA044 1st ed.; CA084A3rd ed.; CA096 2nd ed.; CA098A 1st ed.; H1157 1st ed.; H1163 1st ed.;j6934 1st ed.; Other Information You may be eligible for a different rate but with different coverage from Farmers Specialty Insurance Company. Please contact your Farmers' agent to discuss your options. farmers.com Policy No st Edition 4-15 Questions? Call your agent joan S Applebome at (415) or japplebome@farmersagent.com Manage your account: Go to to access your account any time! Page 2 of3

13 Declaration Page (continued) You have the right to designate an additional third party to receive any notice of cancellation for nonpayment of your premium for this policy. Please contact your Farmers agent if you would like to add, change, or remove a designee. Go Green by logging onto Farmers.com or contacting your Farmers Agent. - Farmers recently sent you a mileage survey. Your mileage was updated to reflect the response that we received from you. Contact your agent with any questions about your mileage information. Please contact your Farmers agent for a free Farmers Friendly Review so that you can ensure that your family is properly protected. Your agent can explain all of the policy discounts/credits, coverage options and our various other product offerings that may be available to you. *Information on Additional Fees The" Fees" stated in the "Premium/Fees" section on the front apply on a per-policy, not an account basis. The following additional fees also apply: 1. Service Charge per installment (In consideration of our agreement to allow you to pay in installments): - For Recurring Electronic Funds Transfer (EFT) and fully enrolled online billing (paperless): $0.00 (applied per account) - For other Recurring EFT plans: $2.00 (applied per account) - For all other payment plans: $5.00 (applied per account) If this account is for more than one policy, changes in these fees are not effective until the revised fee information is provided for each policy. 2. Late Fee: $10.00 (applied per account) 3. Returned Payment Charge: $25.00 (applied per check, electronic transaction, or other remittance which is not honored by your financial institution for any reason including but not limited to insufficient funds or a closed account) 4. Reinstatement Fee: $18.40 (applied per policy) One or more of the fees or charges described above may be deemed a part of premium under applicable state law. Countersignature Authorized Representative farmers.com Policy No Questions? Manage your account: Call your agent joan S Applebome at Go to to access (415) or your account any time! japplebome@farmersagent.com st Edition 4-15 Page 3 of3