HomeMy WebLinkAbout1998-313
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RESOLUTION NO. 98-313
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH TOM DODSON & ASSOCIATES FOR
CONSULTING SERVICES RELATED TO THE HIGHLAND HILLS PROJECT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
Agreement with Tom Dodson & Associates, a copy of which is attached
hereto marked Exhibit "A" and incorporated herein by reference as
fully as though set forth at length, for planning and environmental
consulting services related to the Highland Hills Project.
SECTION 2. The authorization to execute the above referenced
agreement is rescinded if the parties to the agreement fail to
execute it within sixty (60) days of the passage of this
resolution.
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98-313
1 RESOLUTION.. .AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TOM
DODSON & ASSOCIATES FOR CONSULTING SERVICES RELATED TO THE HIGHLAND
2 HILLS PROJECT.
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I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
joint rp-onlar
meeting thereof, held on the
2nd day of
Nov,:omher
1998, by the following vote, to wit:
Council Members
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
LIEN
x
10 (VACANT) - 3rd Ward
11 SCHNETZ
12 DEVLIN
x
x
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ANDERSON
x
MILLER
x
~h.u~
Lj/-7.- day
The foregoing resolution is
of November
, 1998.
VALLES, Mayor
of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~ ~o/
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98-313
/'~11/''''-/
AGREEMENT FOR PROFESSIONAL SERVICES
Agreement :}'b-01-
THIS AGREEMENT made and entered into this .-zr4' day of November 1998, by and
between the CITY OF SAN BERNARDINO and Tom Dodson & Associates ("Consultant").
REClT ALS
1. Purpose
The purpose of this Agreement is to allow the City of San Bernardino to procure the
services of an experienced professional planning and environmental firm to assist
Planning staff with the review and processing of applications by Rancho San Andreas
Company ("RSA") for the Highland Hills California Environmental Quality Act (CEQA)
determination, Tentative/Parcel Map, Conditional Use Permits, and Development
Agreement under the May 21, 1998 Settlement Agreement and Separate Instructions to
Trustee.
The City will delegate the responsibility to administer this contract to the Director of the
Development Services Department (Department).
2. Mission
The City hereby retains Consultant in the capacity as Consultant for provision of services
described in Attachment A in connection with the matters described in Paragraph 1
above. Consultant hereby accepts such responsibility as described herein.
3. Terms
This Agreement shall commence as of the day and year first above shown and shall
remain in full force and effect until the contract is completed or unless terminated earlier,
as provided herein,
4. Consultant Responsibilities
Consultant shall complete the work program described in Attachment A, The
Development Services Department will be responsible for the tasks described in
Attachment A. Development Services and Consultant acknowledge that a specific work
program has not been prepared, and the tasks may vary accordingly. Consultant commits
the principal personnel listed below to the project for its duration:
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98-313
Consultant:
TOM DODSON, Tom Dodson & Associates
5. Replacement of Named Personnel
It has been determined that the individual named in this Agreement is necessary for the
successful performance of this Agreement. No diversion or replacement of this individual
shall be made by Consultant without written consent of the Department, provided that the
Department may ratify, in writing, within ten (10) days of diversion or replacement and
such ratification shall constitute the consent of the Department required by this clause.
If the Department fails to respond to Consultant within ten (10) days of notification by
Consultant, said personnel diversion or replacement shall be deemed approved.
6. Release of News Information
No news release, including photographs, public announcements or confirmation of same,
of any part of the subject matter of this Agreement or any phase of any program
hereunder shall be made without prior written approval of the Director of Development
Services,
7. Confidentialitv of Reports
Consultant shall keep confidential all reports, information and data received, prepared
or assembled pursuant to performance hereunder and that the Department designates as
confidential. Such information shall not be made available to any person, firm,
corporation or entity other than RSA without the prior written consent of the Director
of Development Services.
8. Compensation
The CITY agrees to pay Consultant at a rate of $110 per hour, not to exceed $44,999
for the total term of the AGREEMENT (which includes $24,999 covered by an earlier
Agreement for Professional Services). Consultant shall submit invoices on a monthly
basis.
Payment shall be made within thirty (30) days of receipt of each invoice, Such payment
shall be payable to (Consultant).
9. Department Support
The Development Services Department shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to the
services to be provided hereunder which are reasonably available to the Department.
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98-313
10. Independent Contractor
Consultant shall perform the services as contained herein as an independent contractor
and shall not be considered an employee of the Department. This Agreement is by and
between Consultant and the City, and is not intended, and shall not be construed, to
create the relationship of agent, servant, employee, partnership, joint venture, or
association, between the Department and Consultant.
11. Conflict of Interest
Consultant agrees for the term of this Agreement not to enter into any agreement that
will inure to the detriment of the City of San Bernardino.
12. Successor and Assilmment
The services as contained herein are to be rendered by Consultant whose name is as
appears first above written and said Consultant shall not assign nor transfer any interest
in this Agreement without the prior written consent of the Department.
13. Indemnification
Consultant agrees to indemnify, defend, and hold harmless City and their agents, officers
and employees from and against any and all liability, expense and claims for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, or property damages arising from or connected with Consultant's operations, or
its performance under this Agreement.
14. Insurance
Consultant agrees to maintain throughout the term of this Agreement Comprehensive
General Liability Insurance in the amount of $1,000,000 combined single limit for each
occurrence and in aggregate; Automobile Liability Insurance and Worker's Compensation
Insurance.
15. Compliance with Laws
The parties agree to be bound by applicable federal, state and local laws, regulations and
directives as they pertain to the performance of this Agreement.
16. Non-Discrimination
In the fulfillment of the program established under this Agreement, either as to
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of payor other terms of compensation, selection for training,
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98-313
including apprenticeship or participation in the program or the receiving of any benefits
under the program, Consultant agrees not to discriminate nor to allow any subcontractor
to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex,
marital status or physical handicap,
17. Severabilitv
In the event that any provision herein contained is held to be invalid, void or illegal by
any court of competent jurisdiction, the same shall be deemed severable from the
remainder of this Agreement and shall in no way affect, impair or invalidate any other
provision contained herein. If any such provision shall be deemed invalid due to its
scope or breadth, such provision shall be deemed valid to the extent of the scope or
breadth permitted by law.
18. Interpretation
No provision of this Agreement is to be interpreted for or against either party because
that party or that party's legal representative drafted such provision, but this Agreement
is to be construed as if it were drafted by both parties hereto.
19. Entire Al!reement
This Agreement with Attachment A constitutes the entire understanding and agreement
of the parties.
20. Waiver
No breach of any provision can be waived unless in writing. Waiver of anyone breach
of any provision shall not be deemed to be a waiver of any other breach of the same or
any other provision hereof.
21. Contract Evaluation and Review
The ongoing assessment and monitoring of this Agreement is the responsibility of the
Director of Development Services or designee.
22. Termination
The City may terminate this Agreement for any reason at any time by mailing by
certified mail 30 days prior written notice of termination to the other party. In this
event, the Consultant shall be paid the reasonable value of services rendered to the date
of termination. In the event of any such termination, Consultant shall provide to City,
without charge, all documents, notes, maps, reports and data accumulated to the date of
such termination. Consultant further covenants to give its good-faith cooperation in the
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98-313
transfer of the work to the City or to any other consultant designated by City following
such termination, and to attend and participate in any meetings at no cost to City as shall
be deemed necessary by the Director of Development Services to effectively accomplish
such transfer.
23. Notice
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Notices, herein shall be presented in person or by certified or registered U.S. mail, as
follows:
To Consultant:
Tom Dodson & Associates
2150 N. Arrowhead Avenue
San Bernardino, CA 92405
To City:
Director of Development Services
City of San Bernardino
300 North 'D' Street, Third Floor
San Bernardino, California 92418
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service.
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98-313
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above shown.
CITY OF SAN B
ARDINO
Approved as to form
and legal content:
By ~~~
City Attorney
Approved as to program:
CITY OF SAN BERNARDINO,
Development Services Department
Byrmo/
Director
CONSULTANT:
By:
~ /)J~
,
~Gk
I (Signature)
~~
Name
Title
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98-313
AGREEMENT FOR SERVICES - TOM OODSON AND ASSOCIATES
ATIACHMENT A
The consultant's and City's responsibilities include, but are not limited to the following tasks.
It is anticipated that other tasks may be identified after the application is received, and
throughout the review process.
Consultant Resoonsibilities
Attendance at all project related meetings including meetings with staff,
Development/Environmental Review Committee, Planning Commission and Mayor and
Common Council
Review of application for completeness
Coordination and review of all environmental/special studies (i.e. geology, traffic, air
quality, etc.)
Preparation of an Initial Study and environmental recommendation
Provide professional guidance in complying with the California Environmental Quality
Act until an environmental determination is made by the City
Preparation of any required Mitigation Monitoring/Reporting Program
City Responsibilities
Meeting coordination and scheduling
Legal and City noticing requirements
Distribution of application materials (i.e. routing, mailing, postage, etc.)
Preparation of Planning Commission and Mayor and Common Council staff reports,
including attachments
Project recommendation
(10166)