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HomeMy WebLinkAboutCDC/2004-10 RESOLUTION NO. CDC/2004-10 2 3 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (THE "AGENCY") TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN TERRA NOVA PLANNING & RESEARCH, INC. ("CONSULTANT") AND THE AGENCY 4 5 6 7 8 WHEREAS, the Agency has a need to retain Consultant to provide planning services 9 within the City and Redevelopment Project Areas, as it relates to commercial, and industrial 10 projects, and residential development throughout the City of San Bernardino ("City") (the 11 "Scope of Services"); and 12 WHEREAS, Consultant has been determined to possess the necessary skills and 13 qualifications to carry out the functions described in the Scope of Services, Attachment A of the 14 Professional Services Agreement; and 15 WHEREAS, the Agency desires to retain the services of Consultant and the Consultant desires to provide such necessary services as set forth herein. 16 17 THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 18 Section 1. The Executive Director or designee is hereby authorized and directed to 19 execute on behalf of the Agency the Professional Services Agreement by and between Terra Nova Planning & Research, Inc. ("Consultant") and the Agency to provide assistance to the Agency to include, but not be limited to the following: review development applications for compliance with the City's General Plan and Development Code; prepare initial studies for proposed developments in accordance with CEQA procedures; preparation of project summaries or scope of development; attend meetings with prospective developers; and perform other duties for the Agency, as necessary, and as requested by the City Planner/Deputy Director with the approval of the Agency Executive Director or designee. 20 21 22 23 24 25 -1- P:\Agendas\Resulutions\Resolutions\2004\04-0S-03 Terra Nova Contract CDC Reso.doc CDC/2004-10 Section 2. The Executive Director of the Agency or designee is hereby authorized to 2 make minor corrections, additions, and clarifications to the Agreement, provided said changes 3 are approved by Agency Counsel and are not substantive in nature, and do not increase the monetary impact to the Agency. The Resolution shall become effective immediately upon its adoption. 4 Section 3. 5 //1 6 /1/ 7 /1/ 8 /1/ 9 /1/ 10 /1/ 11 /1/ 12 //1 13 /1/ 14 //1 /1/ 15 /1/ 16 /1/ 17 /1/ 18 //1 19 /1/ 20 /1/ 21 //1 22 /1/ 23 /1/ /1/ 24 /1/ 25 -2- P:\Agendas\Resolutions\Resolutions\2004\04-0S-03 Terra Nova Contract CDC Reso.doc CDC/2004-10 2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (THE "AGENCY") TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN TERRA NOVA PLANNING & RESEARCH, INC. ("CONSULTANT") AND THE AGENCY 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 6 Development Commission of the City of San Bernardino at a j t. reg. meeting thereof, held 7 , 2004, by the following vote to wit: on the 3 rd day of May 8 Absent Abstain Navs Commission Members: Ayes X 9 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK X 10 ~ 11 X 12 ----.L X 13 X 14 15 16 17 18 The foregoing resolution is hereby approved this ~ ,2004. 19 20 a s, Chairperson unity Development Commission City of San Bernardino 21 22 23 By: 24 25 -3- P:\Agendas\Resolutlons\Resolutlons\2004\04-0S-03 Terra Nova Contract CDC Reso.doc CDC/2004-10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of May, 2004 by and between the Redevelopment Agency of the City of San Bernardino, California, hereinafter referred to as "Agency", and Terra Nova Planning & Research, Inc., hereinafter referred to as "Consultant". - RECITALS - THIS AGREEMENT is made with reference to the following: WHEREAS, the Agency has a need to retain Consultant to provide planning services within the City and Redevelopment Project Areas, as it relates to commercial, and industrial projects, and residential development throughout the City of San Bernardino ("City") (the "Scope of Services"); and WHEREAS, Consultant has been determined to possess the necessary skills and qualifications to carry out the functions described in the Scope of Services, Attachment A of the Professional Services Agreement; and WHEREAS, the Agency desires to retain the services of Consultant and the Consultant desires to provide such necessary services as set forth herein. -AGREEMENT- 1. Scope of Services: The Consultant shall perform the services described in Attachment A. 2. Services Furnished to Consultant: All information, data, documentation and records existing and available to the Agency as it relates to the Scope of Services shall be furnished to Consultant without charge. 3. Term of A2:reement/Termination: The Term of this Agreement shall commence on the above date and shall remain in full force and effect for a period of twelve (12) months from said date unless mutually extended in writing by the parties herein. This Agreement may be terminated by either party upon ten (10) days prior written notice to the other party or upon the mutual written agreement of both parties. In the event of termination, Consultant shall stop work immediately and shall be entitled to compensation for services rendered to the date of termination. 4. Compensation: Consultant shall be compensated at the rate of one hundred ten dollars ($110.00) per hour for services rendered in the Scope of Services. This fee includes all Consultant expenses associated with such Scope of Services including, but not limited to, travel and mileage, supplies, photocopying and/or duplication, telephone calls, etc. Compensation for the Scope of Services -1- CDC/2004-10 rendered hereunder shall be made on a monthly basis, provided that Consultant submits an invoice to the Agency, reviewed and approved by the Executive Director or designee. Over the term of this Agreement, Consultant shall be paid for such services the sum of not to exceed $60,000. Agency retains the right to challenge all or any part of the invoice. 5. Consultant Responsibilities: Upon the request of the Executive Director or designee, Consultant shall perform each element of the work described in the Scope of Services. Consultant commits the principal personnel listed below to the Scope of Services for its duration: Consultant: Nicole Sauviat Criste 6. Replacement of Name Personnel: It has been determined that the individual(s) named in this Agreement is (are) necessary for the successful performance of this Agreement. No diversion or replacement of this (these) individual(s) shall be made by Consultant without written consent of the Executive Director or designee. 7. Release of News Information: No news release, including photographs, public announcements or confirmation of same, of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the Executive Director or designee. 8. Confidentiality of Reports: Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that City and Agency designates as confidential. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of the Executive Director or designee. Notwithstanding the prior two sentences, the provisions of the California Public Records Act commencing at California Government Code Section 6250 et seq. shall apply. 9. Independent Contractor: Consultant shall perform each element of the work set forth in the Scope of Services as an independent contractor and shall not be considered an employee of the Agency. This Agreement is by and between Consultant and Agency, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between Agency and Consultant. 10. Successor and Assil!:nment: The Scope of Services as contained herein are to be rendered by Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of Agency. -2- CDC/2004-10 11. Indemnification: Consultant agrees to indemnify, defend and save harmless Agency, its agents, officers, attorneys and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising from or connected with Consultant's negligence hereunder, including any workers' compensation suit, liability or expense, arising from or connected with the Scope of Services performed by or on behalf of Consultant by any person pursuant to this Agreement. 12. Nondiscrimination: Consultant shall not discriminate because of race, color, national origin, creed, religion, sex, marital status, or physical handicap. 13. Insurance: Without limiting Consultant's indemnification of Agency, Consultant shall provide and maintain at its own expense during the term of this Agreement insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Consultant shall be provided by insurers satisfactory to the Agency. Certificates evidencing all insurance coverage required herein shall be delivered to the Agency prior to the Consultant performing any of the services under this Agreement. All insurance certificates required herein shall name the Agency as an additional insured and provide for thirty (30) days written notice to the Agency prior to cancellation or any material change of any insurance policy of the Consultant. A. Comprehensive General Liability and Automobile Insurance The Consultant shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Worker's Compensation Insurance The Consultant shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Consultant. All policies, with respect to the insurance coverage required above, shall contain additional insured endorsements naming the Agency, and their officers, agents, employees and volunteers as additional name insured, with respect to liabilities arising out of the performance of Scope of Services hereunder. 14. Contract Evaluation and Review: The ongoing assessment, performance and monitoring of this Agreement IS the responsibility ofthe Executive Director or designee. -3- CDC/2004-10 15. Entire Ae:reement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of Consultant by Agency and contains all the covenants and agreements between the parties with respect to such retention. 16. Amendment: This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or provisions, nor act to release any surety from its obligation under this Agreement. 17. Notice: Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: To Consultant: Nicole Sauviat Criste Terra Nova Planning & Research, Inc. 400 South Farrell, Suite B-205 Palm Springs, California 92262 To Agency: Executive Director, Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401-1507 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By. ~;;~~ NICOLE SAUVIAT CRISTE TERRA NOVA PLANNING & RESEARCH, INC. CONSULTANT By: Gary By: -4- CDC/2004-10 15. Entire A!!:reement: This Agreement supersedes any and all other agreements, either oral or in wntmg, between the parties hereto with respect to the retention of Consultant by Agency and contains all the covenants and agreements between the parties with respect to such retention. 16. Amendment: This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or provisions, nor act to release any surety from its obligation under this Agreement. 17. Notice: Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: To Consultant: Nicole Sauviat Criste Terra Nova Planning & Research, Inc. 400 South Farrell, Suite B-205 Palm Springs, California 92262 To Agency: Executive Director, Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401-1507 Nothing in this paragraph shall be construed to prevent the giving of notice by personal servIce. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO NICOLE SAUVIAT CRISTE TERRA NOVA PLANNING & RESEARCH, INC. CONSULTANT By: Gary Van Osdel, Executive Director Approved as to content and legal form: By: Agency Counsel -4- CDC/2004-10 Scope of Services A TT ACHMENT A Consultant shall perform planning and related servIces including, but not limited to the following: . Review development applications for compliance with the City's General Plan and Development Code; . Prepare Initial Studies related to Agency development activities pursuant to the California Environmental Quality Act and City policies and procedures; . Prepare project summaries or scope of development based on applicant submittals; . Meet with Agency, Planning staff and other City departments as needed; . Meet with project applicants as determined by Agency staff to review project plans; . Attend Development/Environmental Review Committee, Planning Commission, Community Development Commission and/or Mayor and Common Council meetings as needed; . Other similar duties as assigned by the Executive Director or designee. Consultant shall work under the supervision of the Executive Director, or designee. The Agency with the assistance of the Planning Division will provide services including, but not limited to the following: . Review development applications for completeness; . Compile and route development applications; . Prepare, post, advertise, and/or mail all legal noticing for CEQA and public hearings before the Development/Environmental Review Committee, Planning Commission, Community Development Commission and/or Mayor and Common Council; . Provide sample documents and/or templates for CEQA documents, staff reports, etc.; . Provide copies of the City's General Plan and Development Code; . Provide all copying services; . Other similar duties. -5- Scope of Services ATTACHMENT A Consultant shall perfonn planning and related services including, but not limited to the following: . Review development applications for compliance with the City's General Plan and Development Code; . Prepare Initial Studies related to Agency development activities pursuant to the California Environmental Quality Act and City policies and procedures; . Prepare project summaries or scope of development based on applicant submittals; . Mect with Agency, Planning staff and other City departments as needed; . Meet with project applicants as detennined by Agency staff to review project plans; . Attend Development/Environmental Review Committee, Planning Commission, Community Development Commission and/or Mayor and Common Council meetings as needed; . Other similar duties as assigned by the Executive Director or designee. Consultant shall work under the supervision of the Executive Director, or designee. The Agency with the assistance of the Planning Division will provide services including, but not limited to the following: . Review development applications for completeness; . Compile and route development applications; . Prepare, post, advertise, and/or mail all legal noticing for CEQA and public hearings before the Development/Environmental Review Committee, Planning Commission, Community Development Commission and/or Mayor and Common Council; . Provide sample documents and/or templates for CEQA documents, staff reports, etc.; . Provide copies of the City's General Plan and Development Code; . Provide all copying services; . Other similar duties. -5-