HomeMy WebLinkAbout1990-005
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RESOLUTION NO. 90-5
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH URBAN DESIGN STUDIO FOR URBAN
DESIGN REVIEW SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and directed to
execute on behalf of said City an Agreement with Urban Design
Studio, for urban design review services, a copy of said
agreement is attached hereto, marked Exhibit "A", and
incorporated herein by reference as fully as though set forth at
length.
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referenced agreement is rescinded if the parties to the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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the 8th
reaular
day of Januarv
, 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
x
x
x
~//~~4/
Ci~ Clerk
/ / / /
/ / / /
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December 21, 1989
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RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URBAN
DESIGN STUDIO FOR URBAN DESIGN REVIEW SERVICES.
The foregoing resolution is hereby approved this
'1 Ii day
of
, 1990.
.1;::lnll~ ry
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
I'll
BY'T 7i~_
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December 21, 1989
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'7'
1
AGREEMENT
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(Design Review Services)
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URBAN DESIGN STUDIO, a California corporation with offices at 446
7
North Newport Boulevard, Suite 202, Newport Beach, California
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92663 hereinafter referred to as "Consultant".
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WIT N E SSE T H:
WHEREAS, Consultant represents that he has that degree of
specialized expertise contemplated for urban design review of
development projects applied for with the City of San Bernardino
and holds all necessary licenses therefor to practice and perform
the services herein contemplated; and
WHEREAS, no official or employee of City has a financial
interest in the subject matter of this agreement contemplated
within; and
WHEREAS, Consultant declares that he shall perform the
services herein contemplated in compliance with Federal and
California laws, including but not limited to minimum hours and
wages, fair employment, and occupational safety and health, to
the extent same are applicable herein; and
WHEREAS, the parties hereto intend to set forth all their
rights, duties, obligations and liabilities with respect to the
work, project or activity contemplated herein and services to be
performed by Consultant thereunder.
NOW, THEREFORE, in consideration of the mutual promises of
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November 9, 1989
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1 the parties, and other good and sufficient consideration, the
2 parties agree to the following terms, conditions and covenants:
3 City does hereby appoint Consultant in a contractual
4 capacity to perform the following services in accordance with the
5 terms and conditions hereinafter set forth:
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URBAN DESIGN REVIEW SERVICES.
1.
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Consultant shall, at the request of the City Planning
8 Director, examine development projects and applications for
9 development permits and subdivision maps for compliance with the
10 City's development regulations and sound urban design principals
11 falling within the purview of the Planning Department. City may
12 at its sole unrestricted option, use its own employees and/or
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13 other independent contractors to perform work, including work for
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which Consultant is herein appointed.
Pertinent City policies
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and regulations will be provided by the City.
Consultant shall
16 report his recommendations on each project to the Planning
17 Director.
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2.
COLLECTION OF FEES.
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All fees to be collected from any applicant in connection
20 with the carrying out of the functions as set forth in this
21 agreement shall be collected by City.
3.
COMPENSATION OF CONSULTANT.
a.
Consultant shall be compensated in an amount equal to
SIXTY DOLLARS ($60.00) per hour of actual time spent
reviewing projects submitted for Urban Design Review.
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Consultant shall invoice City monthly for services
b.
rendered on a per project basis and City shall pay
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November 9, 1989
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Consultant upon determining adequate deposit of monies with
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the City for such urban design review by the applicant.
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4.
TERMINATION.
4 The City or Consultant may terminate this Agreement for any
5 reason at any time by mailing by certified mail thirty (30) days
6 prior written notice of termination to the other party. In this
7 event, the Consultant shall be paid the reasonable value of
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services rendered to the date of termination.
In the event of
9 any such termination, Consultant shall provide to City, without
10 charge, all documents, notes, maps, reports and data accumulated
11 to the date of such termination. Consultant further covenants to
12 give its good-faith cooperation in the transfer of the work to
13 the City or to any other consultant designated by City following
14 such termination, and to attend and participate in any meetings
15 at no cost to City as shall be deemed necessary by the Planning
16 Director to effectively accomplish such transfer.
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5.
WARRANTY.
Consultant expressly warrants that its work will be
19 performed with care, skill, reasonable expedience, and
20 faithfulness and that work performed shall be fit and proper for
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21 its intended use.
6.
INDEMNIFICATION.
23 Consultant agrees to indemnify, defend, and hold harmless
24 City, its agents, officers and employees from and against any and
25 all liability, expense and claims for damages of any nature
26 whatsoever, including, but not limited to, bodily injury, death,
27 personal injury, or property damages arising from or connected
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November 9, 1989
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1 with Consultant's operations, or its performance under this
2 Agreement.
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7.
INSURANCE.
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Without limiting Consultant's indemnification of City as
5 stated in Paragraph 9, above, Consultant shall provide and
6 maintain at its own expense during the term of this Agreement the
7 following policy or pOlicies of insurance covering its
8 performance under this Agreement:
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a. General Liability and Professional Liability: Such
insurance shall include, but not be limited to,
comprehensive general liability and professional liability
coverages with a combined single limit of not less than
Five Hundred Thousand Dollars ($500,000) per occurrence.
Such insurance shall name the City of San Bernardino as an
additional insured.
b. Workers' Compensation:
Consultant shall cover its
employees with Workers' Compensation insurance in an amount
and form to meet all applicable requirements of the Labor
Code of the State of California.
8.
PROHIBITION AGAINST TRANSFERS.
a. Consultant shall not assign, sublease, or transfer
this Agreement or any interest therein directly or
indirectly, by operation of law or otherwise without the
prior written consent of the City.
Any attempt to do so
without said consent shall be null and void, and any
assignee, sublessee, or transferee shall acquire no right
or interest by reason of such attempted assignment, lease
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November 9, 1989
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or transfer.
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b. The sale, assignment, transfer or other disposition
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of any of the issued and outstanding capital stock of
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Consultant, or of the interest of any general partner or
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joint venturer or syndicate member or co-tenant of
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Consu1t~nt which is an action resulting in changing the
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control of Consultant, shall be construed as an assignment
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of this Agreement.
Control means fifty (50%) percent or
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more of the voting power of the corporation.
9.
ANTI-DISCRIMINATION.
Consultant certifies and agrees that all persons employed
12 by Consultant, its affiliates, subsidiaries or holding companies
13 are and will be treated equally by Consultant without regard to
14 or because of race, religion, ancestry, national origin, or sex
15 and in compliance with State and Federal Anti-Discrimination
16 laws. Consultant further certifies and agrees that it will deal
17 with its Subcontractors, Bidders and Vendors without regard to or
18 because of race, religion, ancestry, national origin or sex.
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10.
RELATIONSHIP OF PARTIES.
Consultant is acting as an independent contractor, and not
22 services pursuant to the provisions of this Agreement, Consultant
as an employee of the City.
In the performance of personal
23 shall not be supervised, directed, or under the control or
24 authority of any City officer or employee, except and to the
25 extent as may be expressly or implicitly required by the terms
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and provisions of this Agreement.
Any direction or control so
27 required under this Agreement shall be limited to broad
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November 9, 1989
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1 objectives or goals of the project or program to be accomplished
2 and not to the details and procedures to accomplish such
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Consultant shall not be obligated to
objectives and goals.
4 conform to the supervision or direction of City officers or
5
employees which are not authorized herein.
Changes or
6 modifications of said objectives and goals may be made by written
7 recommendations of either party subject to the concurrence of the
8 other party in writing.
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11.
CONFLICT OF INTEREST.
a. The Consultant or its employees may be subject to
the provisions of the California Political Reform Act of
1974 (the Act), which (1) requires such persons to disclose
financial interests that may foreseeably be materially
affected by the work performed under this Agreement, and
(2) prohibits such persons from making or participating in
making decisions that will foresee ably financially affect
such interests.
b. Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is
grounds for termination of this agreement by the City.
c. Consultant agrees that during the term of this
agreement, he shall not enter into any contract for work to
be performed within the City of San Bernardino with private
parties who may foreseeably be materially affected by the
work to be performed under this agreement.
d.
Consultant agrees that he shall comply with all
other applicable conflict of interest laws, including
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November 9, 1989
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local, state, federal, and common law.
12. INSPECTION.
The City, in reference to any request for payment submitted
by the Consultant for services under this Agreement, shall have
the right to examine and audit the records of the Consultant
pertaining to this Agreement, to verify such payment.
13. AUTHORITY.
Each of the parties to this Agreement represents that the
person signing on behalf of such party has authority to do so.
14. CONSULTANT TO ABIDE BY LAWS.
Consultant is required to abide by all Federal, State and
Local law applicable to its performance under this Agreement.
15. NOTICES.
Any notice required or desired to be given pursuant to this
Agreement shall be given in writing, and sent by certified mail,
return receipt requested, addressed as follows:
City
Consultant
Director of Planning
City of San Bernardino
300 North "D" Street
Third Floor
San Bernardino, CA. 92418
Urban Design Studio
446 North Newport Boulevard
Suite 202
Newport Beach, CA 92663
Any notice so given shall be considered served on the other
party three days after date of mailing.
The address for notice may be changed by giving notice
pursuant to this paragraph.
16. ENTIRE AGREEMENT.
This contract constitutes the entire Agreement between City
and Consultant and may be modified only by further written
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November 9, 1989
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agreement between the parties.
17. IMPLEMENTATION.
The City shall provide Consultant with written notice in
advance of the date at which these services are to be
implemented.
18. ATTORNEY'S FEES.
In the event that an action is filed by either party to
enforce rights under this agreement, the prevailing party shall
be entitled to recover reasonable attorney's fees in addition to
any other relief granted by the court.
IN WITNESS WHEREOF, the City Council of the City of San
Bernardino has caused this Agreement to be subscribed by the
Mayor, and the seal of said Council to be hereto affixed and
attested by the Clerk thereof, and Consultant has executed this
Agreement, the day, month and written.
ATTEST:
~#-@P~~
e1ty Clerk
.?
URBAN DESIGN STUDIO
Approved as to form
and legal content:
BY:~
i
\
~,'
James F. Penman,
City Attorney
By: ~~?, !f'V<-1A''--''-.
o
HE/dys
November 9, 1989
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'~..'
-- ----=a-- ----------- - ------------------- ----.----
CERTIFICAl1!'OF INSURANCE LH 00986
. IssUE DATE (MMIDDIYY)
^.~.tlm.
.
PRODUCER
11/20/89
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR AL TEA THE COVERAGE AFFORDED BY THE POLICIES BELOW
CORNELIUS JOHNSON& CLARK
501 S FLAGLER DR #600
WEST PALM BEACH FL 33401
COMPANIES AFFORDING COVERAGE
~~T~~~NY A
CODE
SUB-CODE
INSURED
~~~~~NY B
FLORIDA HOME BUILDERS SIF
URBAN DESIGN STUDIO
POBOX 024348
WEST PALM BEACH. FL 33402-4348
~~T~~~NY C
HANOVER INSURANCE CO
COMPANY D
LETTER
COMPANY E
LETTER
.H_'."'~"_'~ ".'~~.'_"' ._,_
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDDfYY) DATE (MMIDDIYY)
ALL LIMITS IN THOUSANDS
C GENERAL LIABILITY
Z2314653
04/15/89 04/15/90 GENERALAGGREGATE $ 1. 000
PRODUCTS.COMP/OPS AGGREGATE $ 1, 000
PERSONAL & ADVERTISING INJURY $ 1, 000
EACH OCCURRENCE $ 1, 000
FIRE DAMAGE (Anyone fire) $ 50
MEDICAL EXPENSE (Anyone person) $ 5
COMBINED
SINGLE $
LIMIT
BODILY
INJURY $
(Per person)
BODILY
INJURY $
(Per accident)
X
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR.
OWNER'S & CONTRACTOR'S PROTo
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
PROPERTY $
DAMAGE
EXCESS LIABILITY
EACH AGGREGATE
OCCURRENCE
$ $
OTHER THAN UMBRELLA FORM
AND
EMPLOYERS' LIABILITY
$
$
$
STATUTORY
500 (EACH ACCIDENT)
500 (DISEASE~POLlCY LIMIT)
500 (DISEASE-EACH EMPLOYEE)
B
WORKER'S COMPENSATION
13435
03/01/89 03/01/90
OTHER
DESCRIPTION OF OPERATIONSfLOCATIONSIVEHICLES/RESTRICTIONS/SPECIAL ITEMS
ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY:
CITY OF SAN BERNARDINO
CERTIFICATE HOLDER
CANCELLATION
CITY OF SAN BERNARDINO
290 "D" STREET
SAN BERNARDINO. CA 92401
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND ON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
_~C~RD 25:!3J~188_L_____
_____________.____________________.__~~~911AIlg~J.~~~_