Agmt14 MARSCO Management & Engineering Services

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ORIGINAL AGREEMENT FOR CONSULTANT SERVICES PROVIDING ADVISORY SERVICES TO CITY ATTORNEY THIS AGREEMENT is made and entered into as of the 7th day of August, 2014, by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California ("City"), and MARSCO Management & Engineering Services, a Sole Proprietor business with offices at 2259 Jordan Valley Ct, Henderson, NV 89044("Consultant"). RECITALS City requires certain consulting services. Consultant 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, the Parties agree as follows: 1. Scope of Work. Consultant agrees to assist the City Attorney and staff as an advisor in preparations for potential litigation by providing the following services (the"Services"): Review Finger Avenue Planned Development project documents, maps, correspondence, and past City approval actions (10-12 hours); informal peer review of technical work products of developer's engineers and petitioner's engineers (20-25 hours); conferences and calls with City Attorney and/or City staff (4-10 hours); and preparation of letter, if requested, providing findings, conclusions, and recommendations (8-10 hours); and possible site visit (4 hours) The Services do not include written opinions or recommendations to provide as evidence or part of the record for trial. Consultant is not being hired at this time to appear at trial or provide work product for litigation and instead is serving as an advisor to the City Attorney. City shall have the right to modify the scope of work to delete tasks in whole or in part. 2. Term. Unless earlier terminated, this Agreement will be effective for a period of six (6) months from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be at the rate of one hundred and twenty dollars per hour ($120.00) in an amount not to exceed seven thousand five hundred dollars ($7,500) unless authorized in writing by City. No other compensation for the Services will be allowed, except for items covered by subsequent amendments to this Agreement. There shall be no additional charge for expenses unless agreed to by City. Payment shall occur only after receipt by City of invoices sufficiently detailed to include hourly rates, hours worked, and tasks performed, unless otherwise agreed to by City. 4. Status of Consultant. Consultant will perform the Services as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. Consultant will be under the control of City only as to the results to be accomplished. 5. Workers' Compensation. Consultant represents and warrants to the City that the Consultant is a sole proprietor and independent contractor, with no employees, and is exempt from the provisions of the California Labor Code requiring employers to maintain workers' compensation insurance. By entering into this Agreement, the Consultant certifies that, in the performance of the work, the Consultant shall not employ any person in any manner so as to become subject to the workers' compensation laws of the State of California. The Consultant further warrants and agrees that if the Consultant should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, the Consultant shall forthwith comply with those provisions. 6. Conflict of Interest. City will evaluate Consultant's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Consultant or any of Consultant's employees, agents or subcontractors. Should it be ATTY/AGR/2014.151/CONSULTANT MARSCO REV:08-20-14 PT Page 1 of 3