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HomeMy WebLinkAbout2001-013 (See Companion Resolution 2001-14) 1 2 3 4 5 6 7 8 RESOLUTION NO. 2001-13 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH MATTHEW FAGAN AND PZL, INC. FOR THE PROVISION OF PROFESSIONAL PLANNING SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. MATTHEW FAGAN and PZL, INC. are competent, experienced and able to perform planning services and have provided the most advantageous and responsible 9 proposals for the provision of PROFESSIONAL PLANNNING SERVICES, per Responses to 10 11 12 Proposals received in response to a Request for Proposals released by the Planning Division of the Development Services Department. Pursuant to this determination, the City Administrator is hereby authorized and directed to execute an Agreement for Services with each contractor on 13 14 behalf of the City; a copy of each agreement is attached hereto (Exhibits A and B) and 15 16 17 18 III 19 20 21 incorporated herein. SECTION 2. The authorization to execute the above referenced agreements is rescinded if they are not executed within sixty (60) days of the passage of this resolution. III III 22 23 24 25 26 27 28 - 1 - 2001-13 1 2 3 4 5 6 7 8 RESOLUTION...APPROVING SERVICES AGREEMENTS WITH MATTHEW FAGAN AND PZL, INC. FOR PROVISION OF PROFESSIONAL PLANNING SERVICES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the 22nd day of January ,2001, by the following vote, to wit: ABSENT NAYS ABSTAIN AYES Council Members: ESTRADA x 9 LIEN x x x x x x ~l' J.J.~ Ci Clerk 18 19 20 21 22 Approved as to form and legal content: The foregoing resolution is hereby approved this 25th day of January, 2001. ~~J) Esther Estrada Mayor Pro Tern 23 JAMES F. PENMAN, 24 City Attorney 25 26 27 28 - 2 - 2001-13 AGREEMENT FOR SERVICES This AGREEMENT is made and entered into thisa-a1ay of January, 2001, by and between PZL, Inc. ("Contractor") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for planning services within the City and, B. WHEREAS, CONTRACTOR is competent and able to perform said services, and, C. NOW, THEREFORE, the parties hereto agree as follows: I. CONTRACTOR shall furnish planning-related services to CITY in accordance with Attachment A. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount not to exceed $24,500, in accordance with Attachment A. This Agreement may be canceled by two weeks written notice by either party. 3. CONTRACTOR shall provide the Director of Development Services with a weekly statement of hours worked in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of the statement. 4. The term of this agreement shall be from January 22,2001 until June 30, 200 I, but shall not exceed $24,500. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement or expenses (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful or sole negligence. 6. CONTRACTOR shall perform work tasks as directed by the Director of Development Services or his designee, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY and, as such, shall not be entitled to any benefits, including but not limited to, medical insurance, retirement and workers' compensation. 2001-13 7. In the performance of this Agreement contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 8. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: To the City: William Woolard, Interim Director of Development Services 300 North "D" Street San Bernardino, CA 92418 To the Contractor: James Morrissey PZL, Inc. 41738 Fulton Avenue Hemet, CA 92544 Nothing in this paragraph shall be construed to prevent the giving of notices by personal service. 9. CONTRACTOR shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Contractor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty (30) days written notice form the insurer to the City prior to cancellation of any insurance policy of the CONTRACTOR. A. Comprehensive General Liability and Automobile Insurance - The Contractor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Compensation Insurance - The Contractor shall maintain worker's compensation insurance in accordance with the laws of the State of Califomia for all workers employed by the Contractor. 2001-13 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above shown. Date: fe.-~. l. \ ?-O@ ( . es Morrissey, Principal L, Inc. ATTEST: ..~' jut ~tJ ctIJC, . Ra. he! Clark, rlty Clttrk '~n {)V. AamLJtv rn.utnCL.. /.X q;tffi (tAP proved as to form / rV'"tJ And legal content: James F. Penman, City Attorney By: L}/~ o 2001-13 Services Agreement ATTACHMENT A Scope of Services Contractor shall perform services including, but not limited to the following: . Review development applications for compliance with the City's General Plan and Development Code . Prepare Initial Studies pursuant to the California Environmental Quality Act and City policies and procedures . Prepare staff reports to the City's Planning Commission and/or Mayor and Common Council . Meet with Planning staff and other City departments as needed . Meet with project applicants as determined by Planning staff . Attend Development/Environmental Review Committee, Planning Commission, and/or Mayor and Common Council meetings as needed . Other similar duties Contractor shall work under the supervision of the Principal Planner. The Planning Division will provide services including, but not limited to the following: . Review development applications for completeness . Compile and route development applications . Prepare all legal noticing for CEQA and public hearings before the Development/Environmental Review Committee, Planning Commission, and/or Mayor and Common Council . Provide sample documents and/or templates for CEQA documents, staff reports, etc. . Provide all copying services . Other similar duties Compensation City shall compensate contractor for actual hours worked as directed by the City, at a rate of $75.00 per hour and according to terms in paragraph C.3. ofthis Agreement. Term of al!reement This agreement shall expire on June 30, 2001 or sooner as determined by the City and shall not exceed a total of $24,500. Hours worked, work schedule, and specified projects shall be established by mutual agreement between Contractor and City. Feb-20-Ql 05:51P insurance 562 420 1762 P.02 ACORD CERTIFICATE OF LIABILITY INSURANCE DA "I'e (MMfDCIYY) _~_TlII C2/20/2001 PRODUCER THIS CERTIFICATE IS ISSlJEO"A"SA:,..",... ":"'_ClF_ Dreifus InsuI"ance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI James HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEN 2750 Bellfcower #101 ~~TE~ THE COVER~GE AFFORDED BY THE POLICIES E!: :"'cng Beach, CA 90815 INSURERS AFFORDING COVERAGE 562.496. H01 -------....-...-.-.. ----------..--------- t-- ------------- ----.--..-.---...- - --.-. ..-. INSUREO--,Jirr. Mo~ri-s-sey ~~::-~~-rr9E~--_!P.S.~1.-~-~~-c:~----~~--=-~J------ ____ -------- PZL Inc. r-..~.____._______~..._..'..._M._.._..__.. ...---.". .-.- - ---- ----------- ---- 41738 Fu2.ton Ave INSUReR C 1.--'---.----.-----------....-.. - -.--.. _..._.~----- Hemet CA 92544 ~~URER 0: ,(9091925.8455 _._-_._._..._..~.._._---_. - -----.-. -.--..-.-----..------- - -.............- .m._.._u___ ----- \!IISIJIO:ERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOllINDICATED. NO ANY REQUIREMENT, TERM OR CONDITION OF A"IY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REJUCED BY PAID CLAIMS L R -,y'!OF INSURANcE -'-POLICY Nu~ee~----=m~flM~h'b7.4lfi?l-~ly(a~)6~~... -------_---L;~------~~-- GI!NERALUABILlTY :, ~.~~~HOCCU.~RENCE .__._J!l, OOQLOQ_Q_ x COMMERCIAL GENER,oL UAflll.'i'Y : _~~~~~~9_E_L'::'~~ one :.re) ~~ a _ ~CLAIMSMADE[~~OCCLRI I !ME:JEXP\AnYOtllJp8~! '$ S,eDa Af-j__._____n iGL 14106 02/15/01 02/15/02 ~~~1~~?A;_~~~~:~~~~I:r:-g~%~}~~- :'~N:lAGGREGA-TE LtMITAPPlIES~ ~ ,,: p.~?~\!.~~ . C.OMP/OP AG S 1 DO 0 0 0 0 ---"l POLICylliRS= r-'l LOC AUTOMOBIL.E L.IAaIUTY -, I ANY AUTO ----i ~-J All. OWNED AUTOS I SCHEOlA.EO AUTOS ....--.-j , HIRED AUTOS f- I NON-.QIfo.'NED ,6UTOS ~~RAGi',"IA.BIUT't' I : ANY AUTO I I ----+--"_____._.______._.___ !XCI!SS l14BILlTV I ,--, [..1 ; ;-_ OCCUR ___j CLAIMS MAOF I 1.-, DEDUCTIBLE I i-- RETi"'l'IOr>; $ WORKERS COMPE~9A liON AND EMPLOYERS'LIAIIIL.ITY --------r-----.....---- I--t I ' i I , , I , COMBINeD SINGLE LIMiT i $ =1 i (E; acCident) ! '"--..-.--.~----~.-_t_-------~... 1 BODILY INJURY '. s i. (Per~) :----~~_.__._-_..._~-- : BODIL. y IN~URY . $ I ~~:~~AMAGE l' '--=j AUTO CNL. Y.:::A ACCOENl S O";;"~T';;~- -."ACa.-_n_- -~--. ._~ I4.UTDONLY AOOIS-~----- F~" ~!t~ ~-j s f- T~~L~lfs :\,:~~.~______ ~~~. EACH_~C~~~T -~-----t.~.---. . ! El DISEASE - EA EMPLOYE' ;---.-.---.-----.-----1--"-.-----.---.- E.L. DISEASE - POLICY lIMI:T-S I OTHER -r---.-_----L i _ .' I i OESCRIPTION OF OPERATIONSfL.OCATIONSNeHICI..ESIe.XClUSIONS AODt:C BY ENDORSEMENTJSPECtAL. PR.OVi!lIONS Consul t.ant CERTIFICATE HOLDER x i ADDITIONAL INSUREC; INSU?:fR L.EY'rER: ~i"Y cf San Bernardino I ~/O William Woolard I Interim Director of Develo~me~t S I 300 NarLh "D11 Street , San Bernardino CA 92q18 I . ACORD 25-S {7197} CANCELLATION SHOUL.O ANY OF THE ABOVE DESCRIBED POI..ICIES BE CANCELLED BEFORE THE E DATE iHEREOF, THE ISSUING INsu:tER Wli..L ENDEAVOR TO~ OA.YS WRITTEN NOTICE TO THE CERTIFICATe JoiOLOeA NANEO TO THE I.EFT, BUT FAH..URi: TO co S S W1POSE NO CBL!GA-TION OR UAB!UTY OF ANV I<lNtI UPON TI-iE INSURER, ITS MJE Feb-20-01 05:29P insurance 562 420 1762 P.Ol PRODUCEA ACORQ CERTIFICATE OF LIABILITY INSURANCE OA TE (MMIODNY) 02/16/2001 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEN ALTER THE COVERAGE AFFORDED BY THE POLICIES B __~_ INSURE~S AF!~RDI~~~OVERAGE : INSURER A: Farmers Insurance r;-sUFU:RB: Truck Insur'ance L______ ; INSURER c: III\Sl..RERO: !NSURER E: L James Dreifus Insurance Agency 2750 Bellflower ~101 Long Beach, CA 90815 562.496.4401 INSURED---Jiffi-Mc rr i 5 ;-e y -. PZL Inc 41738 Fulton Ave Hernet CA 92544 909 925.8455 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICArED. NO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR DTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY MAY PERTAIN.., THE INSURANCE AFFORDED BY rHE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONO POLICIES. AGuREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIJ\IMS. -- TYF'eoP INSURANCE -T--~--POUCY NUM8ER-----~lfMISt~..rtn7;ttl~j~rb~m~i - LIMiTS G~NERALUABH..~TV! ~ -----r :~~_~~NC~___l-!--._ COMMERCIAL GENERAlllABllrry ! F!RE DAMAGE !Any one nre~ ~'Jl.CLAIMS MADE D OCCUR I '::~~.:~~;:: ~:;:;~-==- __ - i .-----~---I r GENERALAGGR'GAT"-_ . -----:~ ,_(3~,N':.. AGG~TE LIMIT APP-:L1ES P~R ~CTS. COM~IO~ AC:(;$ ___--I 1.0LlCY, ,)!'a Ii ,oc i' I _~TOMOBILE LIABILITY ! co. MB.'~. ED SINGLE 1I.MIT '.' J I ANY AUTO ,~l1ltCC.I~~n~____~___ i~~! All O\NNeC AUTOS I BODILY INJUIW ! $ ~ $ChEDULEOAUTOS ~iPerpefSO~:___-+250, 000 _ A'-. HIR'DAUTOS 11912 17 08 10/30/00 06/30/01IOO"LTINJURY.. I '_--1 NON-OWNED AUTO' , (..~.''''''''t) I~ 5 0 0 ,DC 0 -----J ------ r- " P(.RDPl:R.."',D) AMAGE , · --1--. _ ~.~, " . 100,000 G....RAGE L1A.IIl.:TV I i AUTO ONLY. EA ACCIDEN"f S -lAr-;YAUTO I I i01"HERTHAN EAAccis r--j ~UT'OONl..Y: -AGG'$------ I EX~ESSlIABILlTY I-- I EACH OCCU_".~'NC"-. ..__ ,..-.., - ! J OCCL'R ,__J CLAIMS MADE: I', . AGGREGA~E S I I tt:=,~~' · r- ~-------- WORKERS COMPENSAnON AND I EMPlOTERS' UABILITY , I OTHER BiUmbrella . 09396 98 79 021:'5/01 02/15/02 Ea Occ.urnce I I l,OOO,OOG OiSCRIPTlON OF OPEI't" Consultant ,1LOCA I . I I I EHICL,ESIEXCLUS10NS 400EO BY ENDORSEMENT/SPECiAL. PROVISIONS CERTIFICATE HOLDER x' ADDITIONALI.SURED; INSURER LETTER' City of San Bernardino C/O Williarn Woolard InterIm Director of Development S 300 North "0" Street San Bernardino CA 92418 CANCE~LATION SHOULD ANY Ofl: THE ABOvE CE8C~IBEC POLICIES Be CANCELLED I!!'ORE THe: fX I :JAr! iH!R!OF, To-lE ISSf"jING INSURER WIU ENOEA.VOR. T<:J MAI~ CAYS Wfl:lnEN NOTIC!! TOTHl! CERTIFICATE HOLDER MANEC TO THE LeFT, BUT FAILURE TO 0080 S IMPCSI NO OBL.IGATION OR LIABILITY OF AWV KrllJD UFON THE INSURER. ITS AGE T 8 {{'I':J . . 2001-13 AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this day of January, 200 I, by and between Matthew Fagan ("Contractor") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for planning services within the City and, B. WHEREAS, CONTRACTOR is competent and able to perform said services, and, C. NOW, THEREFORE, the parties hereto agree as follows: I. CONTRACTOR shall furnish planning-related services to CITY in accordance with Attachment A. 2. Oyer the term of this Agreement, CONTRACTOR shall be paid for such services an amount not to exceed $24,500, in accordance with Attachment A. 3. CONTRACTOR shall proyide the Director of Development Services with a weekly statement of hours worked in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of the statement. 4. The term of this agreement shall be from January 22, 2001 until June 30, 200\. This Agreement may be canceled by two weeks written notice by either party. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement or expenses (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful or sole negligence. 6. CONTRACTOR shall perform work tasks as directed by the Director of Development Services or his designee, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY and, as such, shall not be entitled to any benefits, including but not limited to, medical insurance, retirement and workers' compensation. 2001-13 7. In the performance of this Agreement contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 8. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: To the City: William Woolard, Interim Director of Development Services 300 North "D" Street San Bernardino, CA 92418 To the Contractor: Matthew Fagan Consulting Services 42011 Avenida Vista Ladera Temecula, CA 92591 Nothing in this paragraph shall be construed to preyent the giving of notices by personal service. 9. CONTRACTOR shall maintain insurance policies meeting the minirnum requirements set forth herein. All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Contractor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty (30) days written notice form the insurer to the City prior to cancellation of any insurance policy of the CONTRACTOR. A. Comprehensive General Liability and Automobile Insurance - The Contractor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Compensation Insurance - The Contractor shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Contractor. 2001-13 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above shown. Date: ~(e."".)-:(~r,\ L...:,J ~\l-'I rn~~ l-":'~_ ' . 't-"''\'d 'Ii....\" .j.-~ , ,XtevTtCD. ATTEST: .'!-\ if, l: /Ill C t Ct tic, L1t::~~~l~:~:~~ll~~~/i ri (t ,/h pii'l:f And legal content: James F. Penman, City Attorney By: kM ;"~/ff'~_ () ~. 2001-13 Services Agreement ATTACHMENT A Scope of Services Contractor shall perform services including, but not limited to the following: . Review development applications for compliance with the City's General Plan and Development Code . Prepare Initial Studies pursuant to the California Environmental Quality Act and City policies and procedures . Prepare staff reports to the City's Planning Commission and/or Mayor and Common Council . Meet with Planning staff and other City departments as needed . Meet with project applicants as determined by Planning staff . Attend Development/Environmental Review Committee, Planning Commission, and/or Mayor and Common Council meetings as needed . Other similar duties Contractor shall work under the supervision of the Principal Planner. The Planning Division will provide services including, but not limited to the following: . Review development applications for completeness . Compile and route development applications . Prepare all legal noticing for CEQA and public hearings before the Development/Environmental Review Committee, Planning Commission, and/or Mayor and Common Council . Provide sample documents and/or templates for CEQA documents, staffreports, etc. . Provide all copying services . Other similar duties Compensation City shall compensate contractor for actual hours worked, as directed by the City, at a rate of $90.00 per hour and according to terms in paragraph C.3. of this Agreement. Term ofaereement This agreement shall expire on June 30, 2001 or sooner as determined by the City and shall not exceed a total of$24,500. Hours worked, work schedule, and specified projects shall be established by mutual agreement between Contractor and City.