HomeMy WebLinkAbout1990-026
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RESOLUTION NO.
90-26
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF FIVE AGREEMENTS WITH ADKAN ENGINEERS, J.F. DAVIDSON
3 ASSOCIATES, INC., THE PLANNING CENTER, SMITH, PERONI & FOX
PLANNING CONSULTANTS, INC., AND URBAN DESIGN STUDIO FOR
4 EXPEDITIOUS REVIEW SERVICES FOR THE PLANNING DEPARTMENT.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed to
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execute on behalf of said City five (5) Agreements; one agreement
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each with ADKAN ENGINEERS, J.F. DAVIDSON ASSOCIATES, INC., THE
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PLANNING CENTER, SMITH, PERONI & FOX PLANNING CONSULTANTS, INC.,
and URBAN DESIGN STUDIO; for expeditious review services for the
Planning Department, copies of said agreements are attached
hereto, marked Exhibits "A", liB", "C", "0" and "E", respectively
and incorporated herein by reference as fully as though set forth
at length.
SECTION 2.
The authorization to execute the above-
referenced agreements are rescinded if the parties to the
agreements fail to execute them 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 regular
meeting thereof, held on the 8th
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December 21, 1989
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1 RESOLUTION...AUTHORIZING THE EXECUTIONOF FIVE AGREEMENTS WITH
ADKAN ENGINEERS, J.F. DAVIDSON ASSOCIATES, INC., THE PLANNING
2 CENTER, SMITH, PERONI & FOX PLANNING CONSULTANTS, INC., AND URBAN
DESIGN STUDIO FOR EXPEDITIOUS REVIEW SERVICES...
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day of
, 1990, by the following vote, to wit:
January
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Council Members:
AYES
NAYS
ABSTAIN
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ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
x
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x
x
~//n?~U./
CitY Clerk
The foregoing resolution is hereby approved this ?&A- day
of
, 1990.
Januarv
17 Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
By:iJ~
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December 21, 1989
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"
AGREEMENT
(Expeditious Review Services)
THIS AGREEMENT is made and entered into this /f't L day of
'::~~_ ' 1990, by and between the CITY
a ~~nicip corporation, located in the County
OF SAN BERNARDINO,
of San Bernardino,
v
State of California, hereinafter referred to as "City", and
ADKAN ENGINEERS, a California corporation with principal offices
at 6830 Airport Drive, Riverside, California 92504, hereinafter
referred to as "Consultant".
WIT N E SSE T H
WHEREAS, Consultant represents that he has that degree of
specialized expertise contemplated within California Government
Code Sections 65000, et seq., and 66410, et seq., and California
Public Resources Code Section 21000, et seq., and holds all
necessary licenses therefore to practice and perform the services
herein contemJ;'lated; 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
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December 21, 1989
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1 performed by Consultant thereunder.
2 NOW, THEREFORE, in consideration of the mutual promises of
3 the parties, and other good and sufficient consideration, the
4 parties agree to the following terms, conditions and covenants:
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City does hereby appoint Consultant in a contractual
6 capacity to perform the following services in accordance with the
7 terms and conditions hereinafter set forth:
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1.
EXPEDITIOUS REVIEW SERVICES.
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Consultant shall, upon request of the City Planning
10 Director, review plans and applications for development permits
11 and subdivision maps for compliance with the City's development
12 regulations falling within the purview of the Planning
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Department.
City may, at its sole unrestricted option, use its
14 own employees and/or other independent contractors to perform
15 work, including work for which Consultant is herein appointed.
16 Pertinent City policies and regulations will be provided by the
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City.
The City shall provide direction as to which policies,
18 regulations and procedures are to be used by Consultant.
19 Consultant shall report his recommendations on each project to
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20 the Planning Director.
2.
COLLECTION OF FEES.
22 All fees to be collected from any applicant in connection
23 with the carrying out of the functions as set forth in this
24 agreement shall be collected by City.
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3.
COMPENSATION OF CONSULTANT.
A.
Consultant shall be compensated in an amount equal to
FORTY DOLLARS ($40.00) per hour of actual time spent
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December 21, 1989
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reviewing projects submitted for expeditious review.
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Consultant shall invoice City monthly for services
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rendered on a per project basis and City shall pay
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Consultant upon determining adequate deposit of monies with
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the City for such expeditious review by the applicant.
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4.
TERMINATION.
7 The City or Consultant may terminate this Agreement for any
8 reason at any time by mailing by certified mail thirty (30) days
9 prior written notice of termination to the other party. In this
10 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
12 any such termination, Consultant shall provide to City, without
13 charge, all documents, notes, maps, reports and data accumulated
14 to the date of such termination. Consultant further covenants to
15 give its good-faith cooperation in the transfer of the work to
16 the City or to any other consultant designated by City following
17 such termination, and to attend and participate in any meetings
18 at no cost to City as shall be deemed necessary by the Planning
19 Director to effectively accomplish such transfer.
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5.
WARRANTY.
Consultant expressly warrants that its work will be
22 performed with care, skill, reasonable expedience, and
23 faithfulness and that work performed shall be fit and proper for
24 its intended use.
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6.
INDEMNIFICATION.
26 Consultant agrees to indemnify, defend, and hold harmless
27 City, its agents, officers and employees from and against any and
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December 21, 1989
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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.
7. INSURANCE.
Without limiting Consultant's indemnification of City as
stated in Paragraph 9, above, Consultant shall provide and
maintain at its own expense during the term of this Agreement the
following policy or pOlicies of insurance covering its
performance under this Agreement:
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
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December 21, 1989
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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
or transfer.
b. The sale, assignment, transfer or other disposition
of any of the issued and outstanding capital stock of
Consultant, or of the interest of any general partner or
joint venturer or syndicate member or co-tenant of
Consultant which is an action resulting in changing the
control of Consultant, shall be construed as an assignment
of this Agreement.
Control means fifty (50%) percent or
more of the voting power of the corporation.
9. ANTI-DISCRIMINATION.
Consultant certifies and agrees that all persons employed
by Consultant, its affiliates, subsidiaries or holding companies
are and will be treated equally by Consultant without regard to
or because of race, religion, ancestry, national origin, or sex
and in compliance with State and Federal Anti-Discrimination
laws. Consultant further certifies and agrees that it will deal
with its Subcontractors, Bidders and Vendors without regard to or
because of race, religion, ancestry, national origin or sex.
10. RELATIONSHIP OF PARTIES.
Consultant is acting as an independent contractor, and not
as an employee of the City.
In the performance of personal
services pursuant to the provisions of this Agreement, Consultant
shall not be supervised, directed, or under the control or
authority of any City officer or employee, except and to the
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December 21, 1989
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1 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
3 required under this Agreement shall be limited to broad
4 objectives or goals of the project or program to be accomplished
5 and not to the details and procedures to accomplish such
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Consultant shall not be obligated to
objectives and goals.
7 conform to the supervision or direction of City officers or
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employees which are not authorized herein.
Changes or
9 modifications of said objectives and goals may be made by written
10 recommendations of either party subject to the concurrence of the
11 other party in writing.
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11.
CONFLICT OF INTEREST.
a. The Consultant or its employees may be subject to
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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 foreseeably 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
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December 21, 1989
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work to be performed under this agreement.
d. Consultant agrees that he shall comply with all
other applicable conflict of interest laws, including
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 P]anning
City of San Bernardino
300 North "0" street
Third Floor
San Bernardino, CA 92418
Adkan Engineers
6830 Airport Drive
Riverside, CA 92504
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.
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December 21, 1989
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16. ENTIRE AGREEMENT.
This contract constitutes the entire Agreement between City
and Consultant and may be modified only by further written
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
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HE/dys
December 21, 1989
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND ADKAN ENGINEERS FOR
EXPEDITIOUS REVIEW SERVICES.
Agreement, the day, month and
ATTEST:
~#'~~N/
Q1ty Clerk
Approved as to form
and legal content:
James F. Penman,
City Attorney
BY'O+i.<>. J
HE/dys
December 21, 1989
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By:
"/ ~.
;_/(, -"to
9
~ Certificate ot In~urance ,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIG\1IS UPON '(OU THE CERTIFICATE HOLDER THIS CERTIFICATE IS NOT AN INSURANCE
POLICY AND DOES NOT AMEND, EXTEND, OR AL TEA THE COVERAGE AFFORDED BY THE POLICIES L1STI;:D BELOW.
This is to Certify that
LIBER1Y"-
MUTUAL ~
~ANDERSON/ADKISON, INC. ~
DBA: ADKAN ENGINEERS RECEi\lP:!r'.".;:Y' ~:;:s:n~
6830 AIRPORT DRIVE Insured.
LRlVERSIDE, CA. 92504 '. J.
IS, at the Issue date of this certificate, Insured by the Company un~he p~~~le~"ted l:Je~w'. ~~ insurance afforded by the listed policy(ies) is subject to all their
terms, exclusions and conditions and is not altered by any requirement, term or condition 01 any contract or other document with respect to which this certificate may
be issued.
TYPE CERT. EXP. DATE'
OF o CONTINUOUS POLICY LIMIT
POLICY gEXTENDED NUMBER OF LIABILITY
POLICY TERM
COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY
LAW OF THE FOLLOWING STATES: Bodily Injury By Accident
WORKERS' 9/29/90 WC2-161-031475-019 CALIFORNIA 500 000
Ea. Acc.
Bodily Injury By Disease
COMPENSATION 500 000 Pol. Limit
Bodily Injury By Disease
500 000 Ea. Person
General Aggregate - Other than Products/Completed Operations
9/29/90 TB1-161-031475-039 2 000 000
Products/Completed Operations Aggregate
'"
..: 1 000 000
a:
w Bodily Injury and Property Damage liability
Z
w,. 1 000 000 per occurrence
">-
"''' o CLAIMS MADE Personal and Advertising Injury
..:-
_tll per person/
U..: 1"""0 om I
a:- 1 000 000 organization
w'"
'" Other
'" ADDITIONAL INSURED: CITY OF SAN BERNARDINO
0 [2JOCCURRENCE (LIABILITY ONLY)
u
SPECIAUEXCL.
ENDORSEMENTS
,. 19 OWNED 1 000 000 EACH ACCIDENT - SINGLE LIMIT - B.1. AND P.O. COMBINED
O!::
>-" KI NON-OWNED 9/29/90 AS1-161-031475-029 EACH PERSON
:Otll
..:..: EACH ACCIDENT EACH ACCIDENT
" 19 HIREO OR OCCURRENCE $ OR OCCURRENCE
a:
w
I
t-
O
LOCATION(S) OF OPERATIONS & JOB # (If Applicable) DESCRIPTION OF OPERATIONS:
ALL JOBS & OPERATIONS
'If the certificate expiration date IS continuous or extended term. you Will be notified If coverage 1$ terminated or reduced before the certificate explra\lon date. However,
you will not be notified annually of the continuation of coverage.
Liberty Mutual
Insurance Group
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE
THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 DAYS
NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO:
I
~
CERTIFICATE
HOLDER --+
CITY OF SAN BERNARDINO
P.O. BOX 1318
SAN BERNARDINO, CA 92401
4~/m~AYiJ~
A RIZED AE SENTATIVE
1/19/90 1126 W, FOOTHILL BLVD
UPLAND, CA 91786 e1
L
~
DATE ISSUED
OFFICE
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies
8S772 R/3
fADKAN ENGINEERS
CIVlL ENCI NEERINCPLANN I NG. LAND SURVEYI NC
(714) 688-0241 FAX (714) 688-0599
6830 AIRPORT DRIVE - RIVERSIDE, CALIFORNIA 92504
.
~~TITI~[2 mm TI[2ill~~~~TITIill~
DATE
1 19 90
JOB NO.
ATTENTION
RE'
LUCY
CERTIFICATE OF INSURANCE
TO CITY OF SAN BERNARDINO
CITY CLERK'S OFFICE
300 NORTH "0" STREET, SECOND FLOOR
SAN BERNARDINO, CA 92418
WE ARE SENDING YOU .KJ Attached D Under separate cover via ~OlJRTV:l'l Me, ~Q l'S~the following items;
D Shop drawings
D Copy of letter
o Prints
D Plans
D Samples
o Specifications
o Change order
D
COPIES
1
DATE
NO.
DESCRIPTION
CERTIFICATE OF INSURANCE
THESE ARE TRANSMITTED as checked below:
o For approval
o Approved as submitted
o Resubmit _ copies for approval
Kl For your use
o Approved as noted
o Submit~_copies for distribution
KJ As requested
o Returned for corrections
o Return
corrected prints
o For review and comment
D ___________
19_~ D PRINTS RETURNED AFTER LOAN TO US
D FOR BIDS DUE
REMARKS
COpy TO
~
RECEIVED BY:
SIGNED:
Form 102
Certificate ollnaura,nce
HotlS CERTIFICATE IS IssuEC AS A MATIER OF \NFORM"TION ONI.Y ANO eONF5M NO RIGHTS liPON VOU TME OERTiFIC....TE I-lOI-OER. T~I$ CERTIFlCATI! IS NOT AN INSWMNCE
. P01..1CY AND OOES NOT ...MEND, ~XTliND, o~ AL.TEA THE eOVEAA!3E AFf'OFlDEO BY T"E ~O\.,ICle~ \..IS1EO ~~\.ow.
__..J
,
This is to Certify that
~ ANDERSON/ADKISON, INC.
DBA: ADKAN ENGINEERS
6830 AIRPORT DRIVE
~IVERSIDE, CA 92504 ~
iI, Ill!'!. iuue dlll& of tt118 certificate, InaVfltcl by Ii'll Com'Pll'IY und(lr the po;lcy)lea) listed below. Tt1e Insurance sffordeO by the llsted I'o1l0y(lltJ Is sutljtot to all
tnt,r
term&, 6xcluelons and cendlllons end i. not "Iter.a DY My !'9ql.lirement. term or condition of any contre~ or otl'l.r dooumtnt Wltr- r.tpeet 10 whioh thit 08ttifiOf,te ma.y
be lasued.
!
LIBERlYfa
MUfUAL "
....
Nama and
addr... of
Ineured.
TYPE C5RT. EXP, O"'T5'
D CONTINUOUS POLICY LIMIT
OF NUMBER OF LIABILITY
POLICY gexTENcEO
,---- FOl.ICY iEAM
COVEM~E "FORDED UNDE~ W,C. EMPLOYER'S LI....BllItY
I.AW OF THE FOLLOWING STATES: aOdlly ll'ljl,lry By AoQid;lnt
WORKeRS' 9/29/90 WC2-161-031475-019 CALIFORNIA 500 000 Ea. Ace,
Bodllr Inlury By 0118i\l&
COMPENSATION 500.000 Pol. Limit
BOtlll)'tl'l)UtyBy DIA&U.!l
500 000 Ea, F'erson
i el1etal A.g9~eg~l~ . Olh.r li'1.fI PrQQl,lct$JCQmpletaq Operations
I 9/29/90 TBl-161-031475-039 2 000 000
I~ Products/Camp eled paretlOl'll AQ;II!IOlte
00 000
Z Bodily Injl,iry f,nc Prgp'ity Oal'l'lQg& l.!aDlllty
W,. 1 00 0 p,rQCQUrrilnC9
"'I::
:;!..J :J CI.AIMS MADE Persona: 8'1d Mverllell'l; Il'\jury
U~ \ ""0 om per pereonl
ffi..J 00 000 organlnllot'l
:; OthtU
:Ii ADDITIONAL INSURED, CITY OF SAN BERNARDINO
0 QI OCCURRENCE (LIABILITY ONLY)
(.)
I t SPi:CIAWe:XCL. I
~ I:NOCRSEMi:NTS I
\ o~ 19 OWNEO eACH ACCIDeNT. SlNGI.= ~IM!T - e,!' AND p.o. COMBIN!:O
....... Ki NON-OWNEO 9/29/90 ASl-161-031475-029 ! <ACH PERSON
",-
<~ I!l HIRED EACH ACCloeNT eACH ACCIOENT
-' O~ OCCURRENCE S OR OCCUR~ENCE
* \
, 0 i
I 'OCATIONISI OF O.ORATIONS. JoT#(ii A..Ii,..,,)
\ ALL JOBS & OPERATIONS
I
*If thIS certificale ex~lratlon oat. I. O~l'Jtln\,lOus 0\ e>:.lended te~m,
y~u ~ be notified annually of the CQ1'1Ml,lltion Of co....ra~e,
NOTICE OF CANCEL~ATION: THE COMPANY WILL NOT TERMINATE OR REDUCE
THE INSURANCE APFORDED UNDER THE A60VE PO~ICIES UNLESS 30 OA YS
NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO:
~ I
bE:SCR,PTION OF OPERATIONS:
you will b. notifi.d if ooverl;v is lerm,nated or reduced before It'le Qeftifioalt ..llpitalion date, However,
Uberty Mutual
Insurance Group
CERTIFICATE
rlOLOEA -
CITY OF SAN BERNARDINO
P.O. BOX 1318
SAN BERNARDINO, CA 92401
~~
A FIIZEt> ~E. ENT A T1V=-
1/19/90 1126 W. FOOTHILL BLVD
UPLAND, CA 91786 e1
L__
~
DATf.ISSUEC
OFF1C'E
Tl'lla cel'llHcatt ia ."ltCI,II.O by ..IS-E~iY Mu'ruAL INSURANCE G~OUP .~ r,,,pee'" 8uch \IlSv1i1'Ce Sf! 18 e!lor(!eCi by Those CO!'r'!pl!I1"i'$
BS772 RI3
: ...................1.:-; ..,~...- "'..~".- ....-.-..
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1
A G R E E H.E N T
2
(Expeditious Review Services)
3
THIS AGREEMENT is made and entered into this
9th day of
4
February
, 1990, by and between the CITY OF-SAN BERNARDINO,
5
a municipal corporation, located in the County of San Bernardino,
6
State of California, hereinafter referred to as "City", and J.F.
7
8
9
DAVIDSON ASSOCIATES, INC., a California corporation with
principal offices at 3880 Lemon Street, Suite 300, P. O. Box 493,
Riverside, California 92502, hereinafter referred to as
"Consul tant".
WIT N E SSE T H
WHEREAS, Consultant represents that he has that degree of
specialized expertise contemplated within California Government
Code Sections 65000, et seq., and 66410, et seq., and California
Public Resources Code Section 21000, et seq., and holds all
necessary licenses therefore 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
27
rights, duties, obligations and liabilities with respect to the
28
HE/dys
December 21, 1989
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:".'fllo'~~,"'1I'''''''4'''~'..'''-'---..~''-. - .
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work, project or activity contempla,ted herein and services to be
performed by Consultant thereunder.
2
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NOW, THEREFORE, in consideration of the mutual promises of
4
the parties, and other good and sufficient consideration, the
5
parties agree to the following terms, conditions and covenants:
6
City does hereby appoint Consultant in a contractual
7 capacity to perform the following services in accordance with the
8 terms and conditions hereinafter set forth:
9
EXPEDITIOUS REVIEW SERVICES.
1.
Consultant shall, upon request of the City Planning
11 Director, rev~ew plans and applications for development permits
12 and subdivision maps for compliance with the City's development
13 regulations falling within the purview of the Planning
14
Department.
City may, at its sole unrestricted option, use its
15 own employees and/or other independent contractors to perform
16 work, including work for which Consultant is herein appointed.
17 Pertinent City policies and regulations will be provided by the
18
The City shall provide direction as to which policies,
City.
19 regulations and procedures are to be used by Consultant.
20 Consultant shall report his recommendations on each project to
21 the Planning Director.
22
COLLECTION OF FEES.
2.
23 All fees to be collected from any applicant in connection
24 with the carrying out of the functions as set forth in this
25 agreement shall be collected by City.
26
3.
COMPENSATION OF CONSULTANT.
27
A.
Consultant shall be compensated in an amount equal,to
28
2
HE/dys
December 21, 1989
:':':~';~'="";'I'("'~."N""_'~"'. --,.'
1
SIXTY DOLLARS ($60.00) per hour .of actual t~me spent
rev~ewing projects submitted for expeditious review.
2
3
B.
Consul tant shall .invoice City monthly for services
4
rendered on a per project basis and City shall pay
Consultant upon determining adequate deposit of monies with
5
6
the City for such expeditious review by the applicant.
7
4.
TERMINATION.
8 The City or Consultant may terminate this Agreement for any
9 reason at any time by mailing by certified mail thirty (30) days
10 prior written notice of termination to the other party. In this
11 event, the Consultant shall be paid the reasonable value of
12
services rendered to the date of termination.
In the event of
13 any such termination, Consultant shall provide to City, without
14 charge, all documents, notes, maps, reports and data accumulated
15 to the date of such termination. Consultant further covenants to
16 give its good-faith cooperation in the transfer of the work to
17 the City or to any other consultant designated by City following
18 such termination, and to attend and participate in any meetings
19 at no cost to City as shall be deemed necessary by the Planning
20 Director to effectively accomplish such transfer.
21
22
5.
WARRANTY .
Consultant expressly warrants that its work will be
23 performed with care, skill, reasonable expedience, and
24 faithfulness and that work performed shall be fit and proper for
25 its intended use.
26
27
28
6.
INDEMNIFICATION.
Consultant agrees to indemnify, defend, and hold harmless
HE/dys
December 21, 1989
3
1 City, i~s agents, officers and emp1Qyees from and against any and
2 all liability, expense and claims for damages of any nature
3 whatsoever, including, but no~ limited to, bodily injury, death,
4 personal injury, or property damages arising from or connected
5 with Consultant's operations, or its performance under this
6 Agreement.
7
7.
INSURANCE.
;
8
Without limiting Consultant's indemnification of City as
10 maintain at its own expense during the term of this Agreement the
9 stated in Paragraph 9, above, Consultant shall provide and
11 following policy or pOlicies of insurance covering its
12 performance under this Agreement:
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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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
HE/dys
December 21, 1989
4
,.,
10
11
12
13
14
1
prior written consent of th~ City.. Any attempt to do so
without said consent shall be null and void, and any
assignee, sublessee, o~ transferee shall acquire no right
2
3
4
or interest by reason of such attempted assignment, lease
5
6
or transfer.
b. The sale, assignment, transfer or other disposition
of any of the issued~and outstanding capital stock of
7
8
Consultant, or of the interest of any general partner or
joint venturer or syndicate member or co-tenant of
9
Consultant which is an action resulting in changing the
control of Consultant, shall be construed as an assignment
of this Agreement.
Control means fifty (50%) percent or
more of the voting power of the corporation.
9.
ANTI-DISCRIMINATION.
15 Consultant certifies and agrees that all persons employed
16 by Consultant, its affiliates, subsidiaries or holding companies
17 are and will be treated equally by Consultant without regard to
18 or because of race, religion, ancestry, national origin, or sex
19 and in compliance with State and Federal Anti-Discrimination
20 laws. Consultant further certifies and agrees that it will deal
21 with its Subcontractors, Bidders and Vendors without regard to or
22 because of race, religion, ancestry, national origin or sex.
23
24
25
10.
RELATIONSHIP OF PARTIES.
Consultant is acting as an independent contractor, and not
as an employee of the City.
In the performance of personal
26 services pursuant to the provisions of this Agreement, Consultant
27 shall not be supervised, directed, or under the control .or
28
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December 21, 1989
5
1 authori_ty of any City officer or, employee, except and to the
2 extent as may be expressly or implicitly required by the terms
3
and provisions of this Agreement.
Any direction or control so
4 required under this Agreement shall be limited to broad
5 objectives or goals of the project or program to be accomplished
6 and not to the details and procedures to accomplish such
7
Corrsultant shall not be obligated to
objectives and goals.
8 conform to the supervision or direction of City officers or
9
employees which are not authorized herein.
Changes or
10 modifications of said objectives and goals may be made by written
11 recommendations of either party subject to the concurrence of the
13
12 other party in writing.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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11.
CONFLIer 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 foreseeably 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
HE/dys
December 21, 1989
6
1
parties who may foreseeably be mat~rially affected by the
work to be performed under this agreement.
2
3
Consultant agrees that he shall comply with all
other applicable conflict of interest laws, including
d.
4
5
local, state, federal, and common law.
6
12.
INSPECTION.
7
The City, in reference to any request for payment submitted
8 by the Consultant for services under this Agreement, shall have
9 the right to examine and audit the records of the Consultant
10 pertaining to this Agreement, to verify such payment.
11
13.
AUTHORITY.
12 Each of the parties to this Agreement represents that the
13 person signing on behalf of such party has authority to do so.
14
14.
CONSULTANT TO ABIDE BY LAWS.
15 Consul tant is required to abide by all Federal, state and
16 Local law applicable to its performance under this Agreement.
17
15.
NOTICES.
18 Any notice required or desired to be given pursuant to this
19 Agreement shall be given in writing, and sent by certified mail,
20 return receipt requested, addressed as follows:
21
22
23
24
Consultant
~
Director of Planning
City of San Bernardino
300 North "0" Street
Third Floor
San Bernardino, CA 92418
J.F. Davidson Associates, Inc.
3880 Lemon Street
Suite 300
P. O. Box 493
Riverside, CA 92502
25 Any notice so given shall be considered served on the other
26 party three days after date of mailing.
27 The address for notice may be changed by giving notice
28
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December 21, 1989
7
1
pursuant to this paragraph.
,
2
16.
ENTIRE AGREEMENT.
3 This contract constitute~ the entire Agreement between City
4 and Consultant and may be modified only by further written
5 agreement between the parties.
6
17.
IMPLEMENTATION.
7
The City shall provide Consultant wi th written notice in
8 advance of the date at which these services are to be
9 implemented.
10
18.
ATTORNEY'S FEES.
11 In the event that an action is filed by either party to
12 enforce rights under this agreement, the prevailing party shall
13 be entitled to recover reasonable attorney's fees in addition to
14 any other relief granted by the court.
15 IN WITNESS WHERBOF, the City Council of the City of San
16 Bernardino has caused this Agreement to be subscribed by the
17 Mayor, and the seal of said Council to be hereto affixed and
18 attested by the Clerk thereof, and Consultant has executed this
19 / / / /
20 / / / /
21 / / / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28
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December 21, 1989
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND J.F. DAVIDSON
ASSOCIATES, INC. FOR EXPEDITIOUS RE~IEW SERVICES. .
Agreement, the day, month and.year first above written.
ATTEST:
/'
CITY OF SAN BERNARDINO
.~i(7//5',::~;0ffi~ /"
City Clerk
~/
<-if. .
/
./
J.F. DAVIDSON ASSOCIATES, INC.
By:
ul1~
Approved as to form
and legal content:
James F. Penman,
City Attorney
~4~J
HE/dys
December 21, 1989
9
.
CERTIFICATE OF INSURANCE
This certificate is issued as a matter of information only and confers no nghts uDon the certificate holder.
This certificate does not amend. extend or alter the coverage afforded by the policY(les) listed below. The
Insurer accepts no responsibility for any additions or changes made hereon that are not on record with
the Insurer.
Name and Address of Insured:
J. F. Davidson Associates, Inc.
3880 Lemon Street
P.O. Box 493
Riverside, CA 92502
This IS to certify that the policy(ies) of Insurance listed below have been Issued to the Insured named
above and are In force at this time.
TYPE OF INSURANCE: Architects and Engineers Professional Liability Only.
and operations/locations
covered thereunder
NAME OF INSURER:
Evanston Insurance Company
Shand Morahan Plaza, Evanston, Illinois 60201
POLICY NUMBER:
BK 100764
POLICY PERIOD:
December 31, 1988 through December 31, 1989
LIMITS OF LIABILITY AND DEDUCTIBLE: $1.000,000 each claim and S 1, 000,000
in the annual aggregate; subject to a deductible of $300,000
Snould tne described policy(ies) be cancelled before its (their) expiration date. the undersigned will en-
deavor to give -3D- days written notice to the certificate holder or -1.0..- days wntten notice in the event
the cancellation(s) is (are) due to non-payment of premium and/or deductible or retention. Failure to give
sucrl notice shall Impose no obligation or liability of any kind upon the underSigned or upon the Insurer.
Attn: John Montgomery
Tnis certif:COIW or vE'riticatlon of tnsurance
is not ;~r'l jn;;Uf<1nCe policy and doe:; not amend
exte'J'.i or c\ter tne coverage afforded oy tne
:,cll('jes listed herein. Notwitnstancing any
req;.mer;~e:~:, ~E:rr.", or condition of ,H'Y .::n,;~r.1C
or ot~er dGc.ument with respect to whicn thiS
CertltIC.'1t2 ('~ ved\c:atlcn of lnsurar.cc: maj
D~ IS~U''::\ N mJ.)' peitain, the In;;ur~nce <Jf .
torded by the pelKIe:; described ho:r!:l:i is
. . .. .,
Name and Address of Certificate Holder:
City of San Bernardino
300 No. "D" Street
San Bernardino, CA 92418
Date November 6, 1989
ditions of such policies.
_~ Snand Moranan & Company Ine
Snand Moranan Plaza
~ J0t~:'OOJ:,
SN 102-10 1/85
,---'
i . A.~.tm."
CERTIFICATE OF INSURANCE',
ISSUE DATE (MMIDDIYY)
--'--.,
i
i PRODUCER
MILillI & r1UN~'J.nErE[.ro
i3EHVICES, INC.
P.O. BOX 2014.1
RIVERSIDE., C~',> 92516
(71i}) 683-2500
11/1/89
INSUH.i\NCE
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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW '
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
HEPUBL:':C iIlDEMNITY CmlPlil'JY
CODE
SUB-CODE
INSURED
C~T~~NY B
J. F. DAVIDSON ASSOCIA'rES, IHC.
P.O. BOX 493
RIVERSIDE, CA 92502
C~T~~~NY C
C~T~~~NY D
C~T~~NY E
ISSUED IN ONE COUHTERPART
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 (MMfOD/YY) DATE (MM/DD/YY)
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
GENERAL AGGREGATE
$
CLAIMS MADE
OCCUR.
PRODUCTS-COMP/OP.'; AGGREGATE $
PERSONAL & ADVER1ISING INJURY $
EACH OCCURRENCE $
FiRE DAMAGE (Anyone tire) $
MEDICAL EXPENSE (Anyone l.lerson) $
COMBINED
SINGLE
LIMIT
BODILY
INJURY
(Per person)
$
COMMERCIAL GENERAL LIABILITY
OWNER'S & CONTRACTOR'S PROTo
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED tl,UTOS
HIRED AUTOS
NON-OWNED AUTOS
BODILY
INJUHY
(Per accident)
$
GARAGE lIABIL'TY
PROPERTY
DAMAGE
$
EXCESS LIABILITY
EACH AGGREGATE
OCCURRENCE
, $
OTHER THAN UMBRELLA FORM
I'>.
WORKER'S COMPENSATION
PC994503
3/1/89
STATUTORY
3/1/90 $ 1,000
$ 1 r 000
, 1,000
(EACH ACCIDENT)
(DISEASE--POllCY liMIT)
(DISEASE EACH EMPLOYEE
AND
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATlONS/LOCATlONSfVEHICLES/RESTRICTIONStSPECIAL ITEMS
OPERi'S::ONS OF THE Ni\MED INSURED.
CERTIFICATE HOLDER
CANCELLA nON
CI~lY OF SAN BERl'UiRDINO
300 NORTH I'D11 S~REET
SAN BERN2,RDIHO, Ci\ 92413
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIFiATION DATE THEREOF, THE ISSUING COMPANY WILL 1i~~i\Mc2Y;lOt0:
MAIL J....a..- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BliK~[~'il~O!;djI>>i[illiJtKX~",~~~~'ili"~/(
l.lMtlmXl{eQffiXK)HO[l)EQl{)QIDC1l!K$ID{ID1:MIDil9~JlIIfflm:;K%RI'IXX
AUTHORIZED REPRESENTATIVE I
MILAN &. /.1UlJi\RETTO I,URi'lNCE ::;,a:RVICEG, . I.IJC."
BY' y-~ 7&d//J~ ~~ I
/7. @\l:bdRD Cc5RPORA'rKfN-i~
,W'i'lJ: JOHN MOlJ'"'GOf.1ERY
ACORD 25-S (3/88)
~
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"
C/o ).(
t
AGREEMENT
(Expeditious Review Services)
THIS AGREEMENT is made and entered into this ,;)t,i:tL day of
~lfIk4lUI_ .' , 1990, by and between the CITY
a municiP~ corporation, located in the County
OF SAN BERNARDINO,
of San Bernardino,
State of California, hereinafter referred to as "City", and THE
PLANNING CENTER, a California corporation with principal offices
at 1300 Dove Street, Suite 100, Newport Beach, California 92660,
hereinafter referred to as "Consultant".
WIT N E SSE T H
WHEREAS, Consultant represents that he has that degree of
specialized expertise contemplated within California Government
Code Sections 65000, et seq., and 66410, et seq., and California
Public Resources Code Section 21000, et seq., and holds all
necessary licenses therefore 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
HE/dys
December 21, 1989
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performed by Consultant thereunder.
NOW, THEREFORE, in consideration of the mutual promises of
the parties, and other good and sufficient consideration, the
parties agree to the following terms, conditions and covenants:
City does hereby appoint Consultant in a contractual
capacity to perform the following services in accordance with the
terms and conaitions hereinafter set forth:
1. EXPEDITIOUS REVIEW SERVICES.
Consultant shall, upon request of the City Planning
Director, review plans and applications for development permits
and subdivision maps for compliance with the City's development
regulations falling within the purview of the Planning
Department.
City may, at its sole unrestricted option, use its
own employees and/or other independent contractors to perform
work, including work for which Consultant is herein appointed.
Pertinent City policies and regulations will be provided by the
City.
The City shall provide direction as to which policies,
regulations and procedures are to be used by Consultant.
Consultant shall report his recommendations on each project to
the Planning Director.
2. COLLECTION OF FEES.
All fees to be collected from any applicant in connection
with the carrying out of the functions as set forth in this
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
HE/dys
December 21, !989
2
1
reviewing projects submitted for expeditious review.
2
3
B.
Consultant shall invoice City monthly for services
rendered on a per project basis and City shall pay
4
Consultant upon determining adequate deposit of monies with
5
the City for such expeditious review by the applicant.
6
4.
TERMINATION.
7 The City or Consultant may terminate this Agreement for any
8 reason at any time by mailing by certified mail thirty (30) days
9 prior written notice of termination to the other party. In this
10 event, the Consultant shall be paid the reasonable value of
11
services rendered to the date of termination.
In the event of
12 any such termination, Consultant shall provide to City, without
13 charge, all documents, notes, maps, reports and data accumulated
14 to the date of such termination. Consultant further covenants to
15 give its good-faith cooperation in the transfer of the work to
16 the City or to any other consultant designated by City following
17 such termination, and to attend and participate in any meetings
18 at no cost to City as shall be deemed necessary by the Planning
19 Director to effectively accomplish such transfer.
20
21
5.
WARRANTY .
Consultant expressly warrants that its work will be
22 performed with care, skill, reasonable expedience, and
23 faithfulness and that work performed shall be fit and proper for
24 its intended use.
25
26
6.
INDEMNIFICATION.
Consultant agrees to indemnify, defend, and hold harmless
27 City, its agents, officers and employees from and against any and
28
HE/dys
December 21, 1989
3
, '
1 all liability, expense and claims for damages of any nature
2 whatsoever, including, but not limited to, bodily injury, death,
3 personal injury, or property. damages arising from or connected
4 with Consultant's operations, or its performance under this
5 Agreement.
6
INSURANCE.
7.
7
Without limiting Consultant's indemnification of City as
8 stated in Paragraph 9, above, Consultant shall provide and
9 maintain at its own expense during the term of this Agreement the
10 following policy or policies of insurance covering its
11 performance under this Agreement:
12
13
14
15
16
20
21
a. General Liability and Professional Liability: Such
insurance shall include, but not be limited to,
compreh&nsive general liability and professional liability
coverages with a combined single limit of not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000) per occurrence.
17
Such insurance shall name the City of San Bernardino as an
18
additional insured.
19
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
22
Code of the State of California.
23
8.
PROHIBITION AGAINST TRANSFERS.
24
a. Consultant shall not assign, sublease, or transfer
25
this Agreement or any interest therein directly or
26
indirectly, by operation of law or otherwise without the
27
prior written consent of the City.
Any attempt to do so
28
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December 21, 1989
4
10
11
12
13
1
without said consent shall be null and void, and any
2
assignee, sublessee, or transferee shall acquire no right
3
or interest by reason of such attempted assignment, lease
4
or transfer.
5
b. The sale, assignment, transfer or other disposition
6
of any of the issued and outstanding capital stock of
7
Consul tant, or of the" interest of any general partner or
8
joint venturer or syndicate member or co-tenant of
9
Consultant which is an action resulting in changing the
control of Consultant, shall be construed as an assignment
of this Agreement.
Control means fifty (50%) percent or
more of the voting power of the corporation.
9.
ANTI-DISCRIMINATION.
14 Consul tant certifies and agrees that all persons employed
15 by Consultant, its affiliates, subsidiaries or holding companies
16 are and will be treated equally by Consultant without regard to
17 or because of race, religion, ancestry, national origin, or sex
18 and in compliance with State and Federal Anti-Discrimination
19 laws. Consultant further certifies and agrees that it will deal
20 with its Subcontractors, Bidders and Vendors without regard to or
21 because of race, religion, ancestry, national origin or sex.
22
23
24
10.
RELATIONSHIP OF PARTIES.
Consultant is acting as an independent contractor, and not
as an employee of the City.
In the performance of personal
25 services pursuant to the provisions of this Agreement, Consultant
26 shall not be supervised, directed, or under the control or
27 authori ty of any City officer or employee, except and to the
28
HE/dys
December 21, 1989
5
1 extent as may be expressly or implicitly required by the terms
2
and provisions of this Agreement.
Any direction or control so
3 required under this Agreement shall be limited to broad
4 objectives or goals of the project or program to be accomplished
5 and not to the details and procedures to accomplish such
6
objectives and goals.
Consultant shall not be obligated to
7 conform to the supervision 'or direction of City officers or
8
employees which are not authorized herein.
Changes or
10 recommendations of either party subject to the concurrence of the
9 modifications of said objectives and goals may be made by written
11 other party in writing.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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 foresee ably be materially
affected by the work performed under this Agreement, and
(2) prohibits such persons from making or participating in
making decisions that will foreseeab1y 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
26
be performed within the City of San Bernardino with private
27
28
parties who may foreseeab1y be materially affected by the
HE/dys
December 21, 1989
6
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work to be performed under this agreement.
d. Consultant agrees that he shall comply with all
other applicable conflict of interest laws; including
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:
~
Consul.tant
Director of Planning
City of San Bernardino
300 North "0" Street
Third Floor
San Bernardino, CA 92418
The Planning Center
1300 Dove Street,
Suite 100
Newport Beach, CA 92660
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.
HE/dys
December 21, 1989
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1
16.
ENTIRE AGREEMENT.
2 This contract constitutes the entire Agreement between City
3 and Consultant and may be modif ied only by further written
4 agreement between the parties.
5
17.
IMPLEMENTATION.
6
The City shall provide. Consultant with written notice in
7 advance of the date at which these services are to be
8 implemented.
9
18.
ATTORNEY'S FEES.
10 In the event that an action is filed by either party to
11 enforce rights under this agreement, the prevailing party shall
12 be entitled to recover reasonable attorney's fees in addition to
13 any other relief granted by the court.
14 IN WITNESS WHEREOF, the City Council of the City of San
15 Bernardino has caused this Agreement to be subscribed by the
16 Mayor, and the seal of said Council to be hereto affixed and
17 attested by the Clerk thereof, and Consultant has executed this
18 / / / /
19 / / / /
20 / / / /
21 / / / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE PLANNING CENTER
FOR EXPEDITIOUS REVIEW SERVICES.
Agreement, the day, month and year first above writ
ATTEST:
...hHaV~hb'
City Clerk
CITY OF
40
THE PLANNING CENTER
By,~Ljz- tf~.i{
Approved as to form
and legal content:
James F. Penman,
City Attorney
BY:~~~)
/
HE/dys
December 21, 1989
9
Ae4.llIt. CERTIFICATE OF INSURANCE'
ISSUE DATE (MMfDD/YY)
1-24-90
PRODUCER
THE BOWMAN CO INSURANCE SERVICES
P. O. BOX 689
TUSTIN, CALIFORNIA 92681
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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
~~~YA Transamerica Insurance Company
CODE
SUB-CODE
INSURED
~~~~~NY B
THE PLANNING CENTER
1300 Dove Street, Suite 100
Newport Beach, Ca 92664
COMPANY C
LETTER
~~~~~NY D
~~~~~NY E
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 POLlCIES 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 (MMfDDIYY) DATE (MM/DDfYY)
ALL LIMITS IN THOUSANDS
05-25-89 05-25-90
GENERAL AGGREGATE
PRODUCTS-COMP/OPS AGGREGATE
PERSONAL & ADVERTISING INJURY
EACH OCCURRENCE
FIRE DAMAGE (Anyone fire)
MEDICAL EXPENSE (Anyone person)
COMBINED
SINGLE
LIMIT
$ 1,000
$ 1,000
$ 1,000
$ 1,000
$ 50
, 5
GENERAL LIABILITY
A X COMMERCIAL GENERAL LIABILITY 3080 81 30
CLAIMS MADE X OCCUR_
OWNER'S & CONTRACTOR'S PROTo
X "Professional Liability Coverage for Engineers,
Architects and Surveyors is EXCLUDED"
05-25-89 05-25-90
AUTOMOBILE LIABILITY
A X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
3080 69 43
$
1,000
BODILY
INJURY $
(Per person)
BODILY
INJURY $
(Per accident)
PROPERTY
DAMAGE
$
EXCESS LIABILITY
EACH AGGREGATE
OCCURRENCE
$ $
OTHER THAN UMBRELLA FORM
A
WORKER'S COMPENSATION
ANO
EMPLOYERS' LIABILITY
WC80013914
.
05-25-89 05-25-90 $
$
STATUTORY
1,000
1,000
1,000
(EACH ACCIDENT)
(DISEASE-POLICY LIMIT)
(DISEASE-EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS
The Certificate Holder is to be included as additional insured as respects
project #SAN-02E
CERTIFICATE HOLDER CANCELLATION
City of San Bernardino
P. O. Box 1318
San Bernardino, Ca 92402
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL ~ 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 UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES_
AUTHORIZEO REPRESENTATIVE ~ d.~
~ @ACORDCORPORATION 1988
ACORD 25-S (3/88)
.
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, ,
"
AGREEMENT
(Expeditious Review Services)
THIS AGREEMENT is made and entered into this
, 1990, by and between the CITY OF SAN BERNARDINO,
day of
a municipal corporation, located in the County of San Bernardino,
State of California, herei~after referred to as "City", and
SMITH, PERONI & FOX PLANNING CONSULTANTS, INC., a California
corporation with principal offices at 980 East Tabquitz Way,
Suite C, Palm Springs, California 92262, hereinafter referred to
as "Consultant",
WIT N E SSE T H
WHEREAS, Consultant represents that he has that degree of
specialized expertise contemplated within California Government
Code Sections 65000, e"
Public Resources Cod.
necessary licenses thel
herein contemplated; ar
WHEREAS, no off:
interest in the subjec
within; and
WHEREAS, Consul"
services herein conte
U~ JuT 1L:t.:v~ dC/UC--
" /
Io-&~ &-t' ~<r'
()f-d-i-CL l j.<-<. ,f~te) viuJ'~
, . .,,;1
{L'tjA_C"- c',I202 Un /L-/ r-i/
tf (/-.
,/ k-(.,l~tjLCf7"--'
:l.d California
nd holds all
the services
a financial
Jontemp1ated
perform the
Federal and
California laws, inc1uu~llg DU"\: no"\: ~J.mJ.1:ea 1:0 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
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December 21, 1989
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work, project or activity contemplated herein and services to be
performed by Consultant thereunder.
NOW, THEREFORE, in consideration of the mutual promises of
the parties, and other good and sufficient consideration, the
parties agree to the following terms, conditions and covenants:
City does hereby appoint Consultant in a contractual
capacity to perform the following services in accordance with the
terms and conditions hereinafter set forth:
1. EXPEDITIOUS REVIEW SERVICES.
Consultant shall, upon request of the City Planning
Director, review plans and applications for development permits
and subdivision maps for compliance with the City's development
regulations falling within the purview of the Planning
Department.
City may, at its sole unrestricted option, use its
own employees and/or other independent contractors to perform
work, including work for which Consultant is herein appointed.
Pertinent City policies and regulations will be provided by the
City.
The City shall provide direction as to which policies,
regulations and procedures are to be used by Consultant.
Consultant shall report his recommendations on each project to
the Planning Director.
2. COLLECTION OF FEES.
All fees to be collected from any applicant in connection
with the carrying out of the functions as set forth in this
agreement shall be collected by City.
3. COMPENSATION OF CONSULTANT.
A. Consultant shall be compensated in an amount equal to
HE/dys
December 21, 1989
2
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1
FIFTY-FIVE DOLLARS ($55.00) per hour of actual time spent
2
reviewing projects submitted for expeditious review.
3
B.
Consultant shall invoice City monthly for services
4
rendered on a per project basis and City shall pay
5
Consultant upon determining adequate deposit of monies with
6
the City for such expeditious review by the applicant.
7
4.
TERMINATION.
8 The City or Consultant may terminate this Agreement for any
9 reason at any time by mailing by certified mail thirty (30) days
10 prior written notice of termination to the other party. In this
11 event, the Consultant shall be paid the reasonable value of
12
services rendered to the date of termination.
In the event of
13 any such termination, Consultant shall provide to City, without
14 charge, all documents, notes, maps, reports and data accumulated
15 to the date of such termination. Consultant further covenants to
16 give its good-faith cooperation in the transfer of the work to
17 the City or to any other consultant designated by City following
18 such termination, and to attend and participate in any meetings
19 at no cost to City as shall be deemed necessary by the Planning
20 Director to effectively accomplish such transfer.
21
22
5.
WARRANTY .
Consultant expressly warrants that its work will be
23 performed with care, skill, reasonable expedience, and
24 faithfulness and that work performed shall be fit and proper for
25 its intended use.
26
27
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6.
INDEMNIFICATION.
Consultant agrees to indemnify, defend, and hold harmless
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December 21, 1989
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. .
City, its 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.
7. INSURANCE.
Without limiting Consultant's indemnification of City as
stated in paragraph 9, above, Consultant shall provide and
maintain at its own expense during the term of this Agreement the
following policy or policies of insurance covering its
performance under this Agreement:
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 forn 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
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prior written consent of the City.
Any attempt to do so
without said consent shall be null and void, and any
assigneA, sublessee, or- transferee shall acquire no right
or interest by reason of such attempted assignment, lease
or transfer.
b. The sale, assignment, transfer or other disposition
of any of the issued and outstanding capital stock of
Consultant, or of the interest of any general partner or
joint venturer or syndicate member or co-tenant of
Consultant which is an action resulting in changing the
control of Consultant, shall be construed as an assignment
of this Agreement.
Control means fifty (50%) percent or
more of the voting power of the corporation.
9. ANTI-DISCRIMINATION.
Consultant certifies and agrees that all persons employed
by Consultant, its affiliates, subsidiaries or holding companies
are and will be treated equally by Consultant without regard to
or because of race, religion, ancestry, national origin, or sex
and in compliance with State and Federal Anti-Discrimination
laws. Consultant further certifies and agrees that it will deal
with its Subcontractors, Bidders and Vendors without regard to or
because of race, religion, ancestry, national origin or sex.
10. RELATIONSHIP OF PARTIES.
Consultant is acting as an independent contractor, and not
as an employee of the City.
In the performance of personal
services pursuant to the provisions of this Agreement, Consultant
shall not be supervised, directed, or under the control or
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December 21, 1989
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authority of any City officer or employee, except and to the
extent as may be expressly or implicitly required by the terms
and provisions of this Agreement.
Any direction or control so
required under this Agreement shall be limited to broad
objectives or goals of the project or program to be accomplished
and not to the details and. procedures to accomplish such
objectives and goals.
Consultant shall not be obligated to
conform to the supervision or direction of City officers or
employees which are not authorized herein.
Changes or
modifications of said objectives and goals may be made by written
recommendations of either party subject to the concurrence of the
other party in writing.
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 foreseeably 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
agreemeut, he shall not enter into any contract for work to
be performed within the City of San Bernardino with private
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, .
parties who may foreseeably be materially affected by the
work to be performed under this agreement.
d. Consul tant agrees that he shall comply with all
other applicable conflict of interest laws, including
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:
~
Consultant
Director of Planning
City of San Bernardino
300 North "0" Street
Third Floor
San Bernardino, CA 92418
Smith, Peroni & Fox Planning
Consultants, Inc.
980 East Tabquitz Way, Suite C
Palm Springs, CA 92262
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
HE/dys
December 21, 1989
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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
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
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
HE/dys
December 21, 1989
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" t. .
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SMITH, PERONI & FOX
PLANNING CONSULTANTS, INC. FOR EXPEDITIOUS REVIEW SERVICES.
Agreement, the day, month and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
W.R. HOLCOMB, Mayor
SMITH, PERONI & FOX PLANNING
CONSULTANTS, INC.
By:
Approved as to form
and legal content:
James F. Penmen,
City Attorney
BY:~
/
HE/dys
December 21, 1989
9
AGREEMENT
(Expeditious Review Services)
~"'$IS AGREEMENT is made and entered into this /7eJ- day of
.. y
\,~~Z-' 1990, by and between the CITY OF SAN BERNARDINO,
a municipa corporation, located in the County of San Bernardino,
v
State of California, hereinafter referred to as "City", and URBAN
DESIGN STUDIO, a California corporation with principal offices at
446 North Newport Boulevard, Suite 202, Newport Beach,
California 92663, hereinafter referred to as "Consultant".
WIT N E SSE T H
WHEREAS, Consultant represents that he has that degree of
specialized expertise contemplated within California Government
Code Sections 65000, et seq., and 66410, et seq., and California
Public Resources Code Section 21000, et seq., and holds all
necessary licenses therefore 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
HE/dys
December 21, 1989
1
.
1 performed by Consultant thereunder.
2 NOW, THEREFORE, in consideration of the mutual promises of
3 the parties, and other good and sufficient consideration, the
4 parties agree to the following terms, conditions and covenants:
5 City does hereby appoint Consultant in a contractual
6 capacity to perform the fOllowing services in accordance with the
7 terms and conditions hereinafter set forth:
8
1.
EXPEDITIOUS REVIEW SERVICES.
9
Consultant shall, upon request of the City Planning
10 Director, review plans and applications for development permits
11 and subdivision maps for compliance with the City's development
13
12 regulations falling within the purview of the Planning
Department.
City may, at its sole unrestricted option, use its
14 own employees and/or other independent contractors to perform
15 work, including work for which Consultant is herein appointed.
16 Pertinent City policies and regulations will be provided by the
17
City.
The City shall provide direction as to which policies,
18 regulations and procedures are to be used by Consultant.
19 Consultant shall report his recommendations on each project to
21
20 the Planning Director.
2.
COLLECTION OF FEES.
22 All fees to be collected from any applicant in connection
23 with the carrying out of the functions as set forth in this
24 agreement shall be collected by City.
25
26
27
28
3.
COMPENSATION OF CONSULTANT.
A.
Consultant shall be compensated in an amount equal to
SIXTY DOLLARS ($60.00) per hour of actual time spent
HE/dys
December 21, 1989
2
1
reviewing projects submitted for expeditious review.
2
B.
Consultant shall invoice City monthly for services
3
rendered on a per project basis and City shall pay
4
Consultant upon determining adequate deposit of monies with
5
the City for such expeditious review by the applicant.
6
4.
TERMINATION.
7 The City or Consultant may terminate this Agreement for any
8 reason at any time by mailing by certified mail thirty (30) days
9 prior written notice of termination to the other party. In this
10 event, the Consultant shall be paid the reasonable value of
11
services rendered to the date of termination.
In the event of
12 any such termination, Consultant shall provide to City, without
13 charge, all documents, notes, maps, reports and data accumulated
14 to the date of such termination. Consultant further covenants to
15 give its good-faith cooperation in the transfer of the work to
16 the City or to any other consultant designated by City following
17 such termination, and to attend and participate in any meetings
18 at no cost to City as shall be deemed necessary by the Planning
19 Director to effectively accomplish such transfer.
20
21
5.
WARRANTY.
ConsulTant expressly warrants that its work will be
22 performed with care, skill, reasonable expedience, and
23 faithfulness and that work performed shall be fit and proper for
24 its intended use.
25
6.
INDEMNIFICATION.
26 Consultant agrees to indemnify, defend, and hold harmless
27 City, its agents, officers and employees from and against any and
28
HE/dys
December 21, 1989
3
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1 all liability, expense and claims for damages of any nature
2 whatsoever, including, but not limited to, bodily injury, death,
3 personal injury, or property damages arising from or connected
4 with Consultant's operations, or its performance under this
5 Agreement.
6
7.
INSURANCE.
7
Without limiting Consultant's indemnification of City as
8 stated in Paragraph 9, above, Consultant shall provide and
9 maintain at its own expense during the term of this Agreement the
10 following policy or policies of insurance covering its
12
11 performance under this Agreement:
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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December 21, 1989
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1
without said consent shall be null and void, and any
2
assignee, sublessee, or transferee shall acquire no right
3
or interest by reason of such attempted assignment, lease
4
or transfer.
5
b. The sale, assignment, transfer or other disposition
6
of any of the issued and outstanding capital stock of
7
Consultant, or of the interest of any general partner or
8
joint venturer or syndicate member or co-tenant of
9
Consultant which is an action resulting in changing the
control of Consultant, shall be construed as an assignment
of this Agreement.
Control means fifty (50%) percent or
more of the voting power of the corporation.
9.
ANTI-DISCRIMINATION.
Consultant certifies and agrees that all persons employed
15 by Consultant, its affiliates, subsidiaries or holding companies
16 are and will be treated equally by Consultant without regard to
17 or because of race, religion, ancestry, national origin, or sex
18 and in compliance with State and Federal Anti-Discrimination
19 laws. Consultant further certifies and agrees that it will deal
20 with its Subcontractors, Bidders and Vendors without regard to or
22
21 because of race, religion, ancestry, national origin or sex.
23
24
10.
RELATIONSHIP OF PARTIES.
Consultant is acting as an independent contractor, and not
as an employee of the City.
In the performance of personal
25 services pursuant to the provisions of this Agreement, Consultant
26 shall not be supervised, directed, or under the control or
27 authority of any City officer or employee, except and to the
28
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December 21, 1989
5
1 extent as may be expressly or implicitly required by the terms
2 and provisions of this Agreement. Any direction or control so
3 required under this Agreement shall be limited to broad
4 objectives or goals of the project or program to be accomplished
5 and not to the details and procedures to accomplish such
6
objectives and goals.
Consultant shall not be obligated to
7 conform to the supervision or direction of City officers or
8
employees which are not authorized herein.
Changes or
9 modifications of said objectives and goals may be made by written
10 recommendations of either party subject to the concurrence of the
12
11 other party in writing.
13
14
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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 foreseeably 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
HE/dys
December 21, 1989
6
10
.
1
work to be performed under this agreement.
2
Consultant agrees that he shall comply with all
d.
3
4
other applicable conflict of interest laws, including
local, state, federal, and common law.
5
12.
INSPECTION.
6
The City, in reference to any request for payment submitted
7 by the Consultant for services under this Agreement, shall have
8 the right to examine and audit the records of the Consultant
9 pertaining to this Agreement, to verify such payment.
13.
AUTHORITY.
11 Each of the parties to this Agreement represents that the
12 person signing on behalf of such party has authority to do so.
13
14.
CONSULTANT TO ABIDE BY LAWS.
14 Consul tant is required to abide by all Federal, state and
15 Local law applicable to its performance under this Agreement.
16
15.
NOTICES.
17 Any notice required or desired to be given pursuant to this
18 Agreement shall be given in writing, and sent by certified mail,
19 return receipt requested, addressed as follows:
20
21
22
23
City
Consul.tant
Director of Planning
City of San Bernardino
300 North "0" Street
Third Fl.oor
San Bernardino, CA 92418
Urban Design Studios
466 North Newport Boulevard
Suite 202
Newport Beach, CA 92663
24 Any notice so given shall be considered served on the other
25 party three days after date of mailing.
26 The address for notice may be changed by giving notice
27 pursuant to this paragraph.
28
HE/dys
December 21, 1989
7
.
, ' .
1
16.
ENTIRE AGREEMENT.
2 This contract constitutes the entire Agreement between City
3 and Consultant and may be modified only by further written
4 agreement between the parties.
5
17.
IMPLEMENTATION.
6
The City shall provide Consultant with written notice in
7 advance of the date at which these services are to be
8 implemented.
9
ATTORNEY'S FEES.
18.
10 In the event that an action is filed by either party to
11 enforce rights under this agreement, the prevailing party shall
12 be entitled to recover reasonable attorney's fees in addition to
13 any other relief granted by the court.
14 IN WITNESS WHEREOF, the City Council of the City of San
15 Bernardino has caused this Agreement to be subscribed by the
16 Mayor, and the seal of said Council to be hereto affixed and
17 attested by the Clerk thereof, and Consultant has executed this
18 / / / /
19 / / / /
20 / / / /
21 / / / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28
HE/dys
December 21, 1989
8
, .
. . '
. . .
1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND URBAN DESIGN STUDIOS
FOR EXPEDITIOUS REVIEW SERVICES.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
3
Agreement, the day, month and
4
ATTEST:
5
6
~LW4/~Ab
City Clerk
7
8
9
Approved as to form
and legal content:
James F. Penman,
City Attorney
B~
HE/dys
December 21, 1989
year first above written.
/,
,//
CITY~F SA~ ~/~A!IDINO
/."/>f~~;;/;7~ /
"-W. Rk Hqr.COMi, Mayor
I.,
URBAN DESIGN STUDIOS
By'~~
\.,
~
9
,.,.
.,.....--.--.... .-"...-
A.~..ltlt. CERTIFICATE OF INSURANCE':, LH
00986
ISSUE DATE (MMIDD/YY)
02/05/90
PRODUCER
CORNELIUS JOHNSON& CLARK
501 S FLAGLER DR #600
WEST PALM BEACH FL 33401
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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANY A
LETTER
COMPANIES AFFORDING COVERAGE
'"'I
REUJ'r
CODE
SUB-CODE
INSURED
COMPANY B
LETTER
'an m1 -R P 4 :02
FLORIDA flOM~~u1LDERS SIF
URBAN DESIGN STUDIO
POBOX 024348
WEST PALM BEACH. FL 33402-4348
COMPANY C
LETTER
HANOVER INSURANCE CO
e~~~~NY D
e~T~~~NY E
. _,___,."~"",__"_,,,"_'__'~M'''"_~''~'_~'_',,_~_,,,,,,~,", ......_'~.M~,..~.._...____~.,_,.-~__,~__._._._._~___--.__^.-_._-~-_._-~
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 (MMIDDfYY)
ALL LIMITS IN THOUSANDS
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
04/15/89 04/15/90 GENERAL AGGREGATE $ 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)
C GENERAL LIABILITY Z 23146 53
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR.
OWNER'S & CONTRACTOR'S PROT.
PROPERTY $
DAMAGE
EXCESS LIABILITY
EACH AGGREGATE
OCCURRENCE
$ ,
OTHER THAN UMBRELLA FOAM
B
WORKER'S COMPENSATION
13435
03/01/89 03/01/90
AND
$
$
$
STATUTORY
500 (EACH ACCIDENT)
500 (DISEASE-POLICY LIMIT)
500 (DISEASE-EACH EMPLOYEE)
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESfRESTRICTIONS/SPECIAL ITEMS
, ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY:
CITY OF SAN BERNARDINO
fcEil'fii'ICATE-HOLO-ER
"_..~"._-----~.__..._..,..._--".__._._.._.~-"..._--_.
CANCELLATION
CITY OF SAN BERNARDINO
290 "0" 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 UPON T COMPANY, ITS AGENTS OR REPRESENTATIVES.
..... .._.___. ...._.._ _H_._____. ._____..____."_
;;(. ~~PORATION 1988
AUTHORIZED REPRESENTATIVE
~.c.:OR.?_2~:S.J3/S.8)_
_._---_._--_._--.>._~.._._._._.._._.~ --.__._.._-_.-----------_.~.._-_._--_..~.._.-