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CITY OF SAN BERf ~RDINOt% REQUEST . JR COUNCIL ACTION
From: Larry E. Reed, Director
Planning, Building and Safety
Dept: Planning, Building and Safety
Date: December 12, 1989
Subject: Contractual Services Resolutions
Expeditious Review Services
Mayor and Council Meeting of
January 8, 1990, 2:00 p.m.
Synopsis of Previous Council action: On lioveMber 20, 1989, Council approved a resolution for
expeditious review services with J.F. Davidson, but
asked that the Department do a Request For Proposal (RFP
process to obtain other firms to provide this service.
Recommended motion:
Adopt Resolution.
Contact person: Larrv E. Reed
. Staff report and Resolution
Supporting data attached:
Phone:
(714) 384-5057
Ward:
City-wide
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
4/
CI~Y OF SAN BERti \RDINO - REQUEST r'R COUNCIL ACTION
STAFF REPORT
SUBJECT:
RESOLUTION FOR CONTRACTUAL SERVICES
FOR EXPEDITIOUS REVIEW SERVICES
MAYOR AND COUNCIL MEETING OF JANUARY 8, 1990
REOUEST
The Department of planning & Building is requesting Council
to adopt resolutions allowing staff to use a private consult-
ing firm for the purpose of reviewing development plans for
compliance with the City's Development Regulations
administrated by the Department.
BACKGROUND
Developers often ask for expedited review of the proposed
development. The City of San Bernardino is permitted. to
provide expedited review of development plans by an outside
consultant contracted with the City. This is similar to
Building and Safety's expedited Technical Building Code Plan
Check Process.
At the November 20, 1989, meeting the council requested that
we do a Request for Proposal (RFP) process with firms in the
area so that the least possible cost to the developers could
be obtained. This process was done by sending out the RFP's
to 25 firms in the area. The Department recieved 13
responses with 10 bids. The results of that process are as
follows:
CONSULTANT
LOCATION
1. Adkan Engineering
2. smith, Peroni & Fox
3. J.F. Davidson & Assoc.
4. The Planning Center
5. Urban Design Studio
6. Ranpac Engineering
7. L.D. King, Inc.
8. Jaykin Engineers, Inc.
9 . Forma
10. Lockman & Assoc.
RATE
RANK
Riverside $40
Palm Springs 55
Riverside 60
Newport Beach 60
Newport Beach 60
Temecula 65
ontario 72
Diamond Bar 75
Rancho 85
Cucamonga
Monterey Park 85
1
2
3,4,&5
3,4,&5
3,4,&5
6
7
8
9,10
9,10
Instead of picking just one consultant firm, it is recommended
and proposed that the City contract with the lowest five firms to
75.0264
city of San Bern~_dino
Mayor and Common Council Meeting, January 8, 1990 -Resolution
for Contractual Services
Page 2
provide this service. The City could then rotate the service
and/or offer the developer his/her choice of firms to provide the
expeditious review service. Another advantage is that a
particular firm may be too busy at a particular time to provide
the service and we would have the other four firms to choose
from.
This service is provided
and is paid for by the
system. There is no cost
by firms under contract with
Developers through a deposit
to the city for this service.
the City
draw-down
Attached is a resolution and a single contract for one of the
consultants. The other contracts are identical in substance. In
order to avoid excessive duplication cost, we are only attaching
this one contract for review.
RECOMMENDATION
Staff recommendation is to authorize the Mayor to execute an
agreement with:
1. Adkan Engineers;
2. Smith, Peroni and Fox;
3. J.F. Davidson Associates;
4. The Planning Center; and,
5. Urban Design studio,
for the purpose of providing expeditious review services paid for
by Developers.
Prepared by:
John E. Montgomery
Principal Planner
Attachments:
A. Resolution for Contractual Services with
Adkan Engineers;
Smith, Peroni and Fox;
J.F. Davidson Associates;
The Planning Center; and,
Urban Design Studio.
1. Contract for Contractual Services with
Adkan Engineers.
M&CCAGENDA:
EXPEDITIOUS
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1 RESOLUTION NO.
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:
6
SECTION 1. The Mayor is hereby authorized and directed to
7
execute on behalf of said City five (5) Agreements; one agreement
8
each with ADKAN ENGINEERS, J.F. DAVIDSON ASSOCIATES, INC., THE
9
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", "B", "C", "D" 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.
19
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
/ / / /
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/ / / /
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HE/dys
December 21, 1989
1
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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...
3
4
day of
, 1990, by the following vote, to wit:
5
6
NAYS
ABSTAIN
AYES
Council Members:
ESTRADA
7 REILLY
FLORES
8 MAUDSLEY
MINOR
9 POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
13
of
, 1990.
14
15
W. R. Holcomb, Mayor
16 City of San Bernardino
17 Approved as to
form and legal content:
18
19
JAMES F. PENMAN,
City Attorney
20
By,4~
/
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December 21, 1989
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1
AGREEMENT
2
(Expeditious Review Services)
3
THIS AGREEMENT is made and entered into this
day of
4
, 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 URBAN
7
8
DESIGN STUDIO, a California corporation with principal offices at
446 North Newport Boulevard, Suite 202, Newport Beach,
9
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
26
rights, duties, obligations and liabilities with respect to the
27
work, project or activity contemplated herein and services to be
28
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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
EXPEDITIOUS REVIEW SERVICES.
1.
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
12 regulations falling within the purview of the Planning
13
City may, at its sole unrestricted option, use its
Department.
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
The City shall provide direction as to which policies,
City.
18 regulations and procedures are to be used by Consultant.
19 Consultant shall report his recommendations on each project to
20 the Planning Director.
21
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
COMPENSATION OF CONSULTANT.
3.
26
Consultant shall be compensated in an amount equal to
A.
27
SIXTY DOLLARS ($60.00) per hour of actual time spent
28
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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
5.
WARRANTY .
21
ConsulTant expressly warrants that its work will be
22 performed with care, ski 11, reasonable expedi ence, and
23 faithfulness and that work performed shall be fit and proper for
24 its intended use.
25
6.
INDEMNIFICATION.
26 Consul tant agrees to indemnify, defend, and hold harmless
27 City, its agents, officers and employees from and against any and
28
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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
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
11 performance under this Agreement:
12
13
14
15
16
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.
17
Such insurance shall name the City of San Bernardino as an
18
additional insured.
19
b. Workers' Compensation:
Consultant shall cover its
20
employees with Workers' Compensation insurance in an amount
21
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
indir~ct1y, by operation of law or otherwise without the
27
prior written consent of the City.
Any attempt to do so
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December 21, 1989
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10
11
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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.
14 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
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 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
11 other party in writing.
12
13
14
15
16
17
18
19
20
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.
21
b. Consultant shall conform to all requirements of the
22
Act. Failure to do so constitutes a material breach and is
23
grounds for termination of this agreement by the City.
24
c. Consultant agrees that during the term of this
25
agreement, he shall not enter into any contract for work to
26
be performed within the City of San Bernardino with private
27
parties who may foreseeably be materially affected by the
28
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December 21, 1989
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10
1
work to be performed under this agreement.
2
d.
Consultant agrees that he shall comply with all
3
other applicable conflict of interest laws, including
4
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
Consul tant
~
21
Director of Planning
City of San Bernardino
300 North "D" Street
Third Floor
San Bernardino, CA 92418
Urban Design Studios
466 North Newport BOulevard
Suite 202
Newport Beach, CA 92663
22
23
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.
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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
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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December 21, 1989
8
10
1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND URBAN DESIGN STUDIOS
FOR EXPEDITIOUS REVIEW SERVICES.
2
3
4
Agreement, the day, month and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
5
6
W.R. HOLCOMB, Mayor
City Clerk
7
8
URBAN DESIGN STUDIOS
9
By:
11 Approved as to form
and legal content:
12
13
14
James F. Penman,
City Attorney
B~
15
16
17
18
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24
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December 21, 1989
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1
A G R E E MEN T
2
(Expeditious Review Services)
3
THIS AGREEMENT is made and entered into this
day of
4
, 1990, by and between the CITY OF SAN BERNARDINO,
5
6
a municipal corporation, located in the County of San Bernardino,
State of California, hereinafter referred to as "City", and
7
ADKAN ENGINEERS, a California corporation with principal offices
8
9
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 contemI,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
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
9
1.
EXPEDITIOUS REVIEW SERVICES.
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
13
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 Consul tant.
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
FORTY DOLLARS ($40.00) per hour of actual time spent
HE/dys
December 21, 1989
2
1
reviewing projects submitted for expeditious review.
2
Consultant shall invoice City monthly for services
B.
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
20
19 Director to effectively accomplish such transfer.
21
5.
WARRANTY .
22 performed with care, skill, reasonable expedi ence, and
Consultant expressly warrants that its work will be
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
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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
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
11 performance under this Agreement:
12
13
14
15
16
17
18
19
20
21
22
23
24
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
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
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.
14 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.
10.
RELATIONSHIP OF PARTIES.
23
24
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
Consultant shall not be obligated to
objectives and goals.
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
11 other party in writing.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
HEjdys
December 21, 1989
6
10
1
work to be performed under this agreement.
2
d.
Consultant agrees that he shall comply with all
3
other applicable conflict of interest laws, including
4
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
20
21
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:
~
Consultant
22
Director of P1anning
City of San Bernardino
300 North "0" Street
Third Floor
San Bernardino, CA 92418
Adkan Engineers
6830 Airport Drive
Riverside, CA 92504
23
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
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
HE/dys
December 21, 1989
8
10
1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND ADKAN ENGINEERS FOR
EXPEDITIOUS REVIEW SERVICES.
2
3
4
5
6
Agreement, the day, month and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
W.R. HOLCOMB, Mayor
7
8
ADKAN ENGINEERS
9
By:
11 Approved as to form
and legal content:
12
13
14
15
16
17
18
19
20
21
22
23
24
26
27
28
James F. Penman,
City Attorney
By:g~.f4. J
25
HE/dys
December 21, 1989
9
10
11
12
13
14
15
16
17
18
1
AGREEMENT
2
(Expeditious Review Services)
3
THIS AGREEMENT is made and entered into this
day of
4
, 1990, by and between the CITY OF SAN BERNARDINO,
5
6
a municipal corporation, located in the County of San Bernardino,
State of California, hereinafter referred to as "City", and J.F.
7
DAVIDSON ASSOCIATES, INC., a California corporation with
8
9
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
19
20
interest in the subject matter of this agreement contemplated
within; and
21
WHEREAS, Consultant declares that he shall perform the
22
services herein contemplated in compliance with Federal and
23
California laws, including but not limited to minimum hours and
24
wages, fair employment, and occupational safety and health, to
25
the extent same are applicable herein; and
26
WHEREAS, the parties hereto intend to set forth all their
27
28
rights, duties, obligations and liabilities with respect to the
HE/dys
December 21, 1989
1
10
1 work, project or activity contemplated herein and services to be
2 performed by Consultant thereunder.
3 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
1.
EXPEDITIOUS REVIEW SERVICES.
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.
18
17 Pertinent City policies and regulations will be provided by the
City.
The City shall provide direction as to which policies,
19 regulations and procedures are to be used by Consultant.
20 Consultant shall report his recommendations on each project to
22
21 the Planning Director.
2.
COLLECTION OF FEES.
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
27
28
3.
COMPENSATION OF CONSULTANT.
A.
Consultant shall be compensated in an amount equal to
HE/dys
December 21, 1989
2
1
SIXTY DOLLARS ($60.00) per hour of actual time spent
2
reviewing projects submitted for expeditious review.
3
Consultant shall invoice City monthly for services
B.
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 expedi ence, 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
HEjdys
December 21, 1989
3
...
1 City, its agents, officers and employees from and against any and
2 all liability, expense and claims for damages of any nature
3 whatsoever, including, but not 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
8
7.
INSURANCE.
Without limiting Consultant's indemnification of City as
9 stated in Paragraph 9, above, Consultant shall provide and
10 maintain at its own expense during the term of this Agreement the
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
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 ~greement or any interest therein directly or
27
28
indirectly, by operation of law or otherwise without the
HE/dys
December 21, 1989
4
...
1
prior written consent of the City.
Any attempt to do so
2
without said consent shall be null and void, and any
3
assignee, sublessee, or transferee shall acquire no right
4
or interest by reason of such attempted assignment, lease
5
or transfer.
6
b. The sale, assignment, transfer or other disposition
7
of any of the issued and outstanding capital stock of
8
Consultant, or of the interest of any general partner or
9
joint venturer or syndicate member or co-tenant of
10
Consultant which is an action resulting in changing the
11
control of Consultant, shall be construed as an assignment
12
of this Agreement.
Control means fifty (50%) percent or
13
more of the voting power of the corporation.
14
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
10.
RELATIONSHIP OF PARTIES.
24
Consultant is acting as an independent contractor, and not
25
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
HE/dys
December 21, 1989
5
1 authority 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
objectives and goals.
Consultant shall not be obligated to
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
12 other party in writing.
13
14
15
16
17
18
19
20
21
22
23
CONFLICT OF INTEREST.
11.
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 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
24
grounds for termination of this agreement by the City.
25
c. Consultant agrees that during the term of this
26
agreement, he shall not enter into any contract for work to
27
be performed within the City of San Bernardino with private
28
HEjdys
December 21, 1989
6
1
parties who may foreseeably be materially affected by the
2
3
work to be performed under this agreement.
d.
Consultant agrees that he shall comply with all
4
other applicable conflict of interest laws, including
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
Consu1tant
City
24
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
HE/dys
December 21, 1989
7
1 pursuant to this paragraph.
2 16. ENTIRE AGREEMENT.
3 This contract constitutes 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 Ci ty shall provide Consultant with 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 WHEREOF, 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
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
HE/dys 8
December 21, 1989
10
1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND J. F. DAVIDSON
ASSOCIATES, INC. FOR EXPEDITIOUS REVIEW SERVICES.
2
3
Agreement, the day, month and year first above written.
4
ATTEST:
CITY OF SAN BERNARDINO
5
6
W.R. HOLCOMB, Mayor
City Clerk
7
8
J.F. DAVIDSON ASSOCIATES, INC.
9
By:
11 Approved as to form
and legal content:
12
13
14
15
16
17
James F. Penman,
City Attorney
~'-)
18
19
20
21
22
23
24
25
26
27
28
HEjdys
December 21, 1989
9
10
11
12
13
14
15
16
17
18
1
AGREEMENT
2
(Expeditious Review Services)
3
day of
THIS AGREEMENT is made and entered into this
4
, 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 THE
7
PLANNING CENTER, a California corporation with principal offices
8
at 1300 Dove Street, Suite 100, Newport Beach, California 92660,
9
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
19
within; and
20
WHEREAS, Consultant declares that he shall perform the
21
services herein contemplated in compliance with Federal and
22
California laws, including but not limited to minimum hours and
23
wages, fair employment, and occupational safety and health, to
24
the extent same are applicable herein; and
25
WHEREAS, the parties hereto intend to set forth all their
26
rights, duties, obligations and liabilities with respect to the
27
work, project or activity contemplated herein and services to be
28
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 con6itions hereinafter set forth:
8
EXPEDITIOUS REVIEW SERVICES.
1.
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
12 regulations falling within the purview of the Planning
13
City may, at its sole unrestricted option, use its
Department.
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 Consul tant.
19 Consultant shall report his recommendations on each project to
20 the Planning Director.
21
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
3.
COMPENSATION OF CONSULTANT.
A.
Consultant shall be compensated in an amount equal to
27
SIXTY DOLLARS ($60.00) per hour of actual time spent
28
HE/dys
December 21, 2989
2
1
reviewing projects submitted for expeditious review.
2
Consultant shall invoice City monthly for services
B.
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
20
21
19 Director to effectively accomplish such transfer.
5.
WARRANTY .
Consultant expressly warrants that its work will be
22 performed with care, ski 11, reasonable expedi ence, 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
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
17
18
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.
Such insurance shall name the City of San Bernardino as an
additional insured.
19
b. Workers' Compensation:
Consultant shall cover its
20
employees with Workers' Compensation insurance in an amount
21
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
HEjdys
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
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.
14 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
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 ~e supervised, directed, or under the control or
27 authority 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
Consultant shall not be obligated to
objectives and goals.
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
20
21
22
23
24
25
26
27
11.
CONFLICT OF INTEREST.
a. The Consultant or its employees may be subject to
14
the provisions of the California Political Reform Act of
15
1974 (the Act), which (1) requires such persons to disclose
16
financial interests that may foreseeably be materially
17
affected by the work performed under this Agreement, and
18
(2) prohibits such persons from making or participating in
19
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
28
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
other applicable conflict of interest laws, including
4
local, state, federal, and common law.
5
6
12.
INSPECTION.
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
13
12 person signing on behalf of such party has authority to do so.
CONSULTANT TO ABIDE BY LAWS.
14.
14 Consul tant is required to abide by all Federal, state and
16
15 Local law applicable to its performance under this Agreement.
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
~
Consultant
Director of Planning
City of San Bernardino
300 North "D" Street
Third Floor
San Bernardino, CA 92418
The Planning Center
1300 Dove Street,
Suite 100
Newport Beach, CA 92660
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
HEjdys
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 Ci ty sha 11 provide Consul tant 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
HE/dys
December 21, 1989
8
10
1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE PLANNING CENTER
FOR EXPEDITIOUS REVIEW SERVICES.
2
3
Agreement, the day, month and year first above written.
4
ATTEST:
CITY OF SAN BERNARDINO
5
6
W.R. HOLCOMB, Mayor
City Clerk
7
8
THE PLANNING CENTER
9
By:
11 Approved as to form
and legal content:
12
13
14
James F. Penman,
City Attorney
15
BY:~~)
/
16
17
18
19
20
21
22
23
24
25
26
27
28
HE/dys
December 21, 1989
9
9
10
11
12
13
14
1
AGREEMENT
2
(Expeditious Review Services)
3
THIS AGREEMENT is made and entered into this
day of
4
, 1990, by and between the CITY OF SAN BERNARDINO,
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a municipal corporation, located in the County of San Bernardino,
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State of California, hereinafter referred to as "City", and
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SMITH, PERONI & FOX PLANNING CONSULTANTS, INC., a California
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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, et seq., and 66410, et seq., and California
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Public Resources Code Section 21000, et seq., and hOlds all
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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
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December 21, 1989
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1 work, project or activity contemplated herein and services to be
2 performed by Consultant thereunder.
3 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:
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1.
EXPEDITIOUS REVIEW SERVICES.
Consultant shall, upon request of the City Planning
11 Director, review 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
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City may, at its sole unrestricted option, use its
Department.
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
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City.
The City shall provide direction as to which policies,
19 regulations and procedures are to be used by Consultant.
20 Consultant shall report his recommendations on each project to
21 the Planning Director.
2.
COLLECTION OF FEES.
23 All fees to be collected from any applicant in connection
24 with the carrying out of the functions as set forth in this
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25 agreement shall be collected by City.
3.
COMPENSATION OF CONSULTANT.
A.
Consultant shall be compensated in an amount equal to
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December 21, 1989
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FIFTY-FIVE DOLLARS ($55.00) per hour of actual time spent
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reviewing projects submitted for expeditious review.
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Consultant shall invoice City monthly for services
B.
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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.
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
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In the event of
services rendered to the date of termination.
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.
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5.
WARRANTY .
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Consultant expressly warrants that its work will be
23 performed with care, skill, reasonable expedi ence, and
24 faithfulness and that work performed shall be fit and proper for
25 its intended use.
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6.
INDEMNIFICATION.
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Consultant agrees to indemnify, defend, and hold harmless
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December 21, 1989
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1 City, its agents, officers and employees from and against any and
2 all liability, expense and claims for damages of any nature
3 whatsoever, including, but not 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.
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INSURANCE.
7.
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Without limiting Consultant's indemnification of City as
9 stated in Paragraph 9, above, Consultant shall provide and
10 maintain at its own expense during the term of this Agreement the
11 following policy or policies of insurance covering its
12 performance under this Agreement:
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a. General Liability and Professional Liability: Such
insurance shall include, but not be limited to,
comprehensive' general liability and professional liability
coverages with a combined single limit of not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000) per occurrence.
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Such insurance shall name the City of San Bernardino as an
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additional insured.
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b. Workers' Compensation:
Consultant shall cover its
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employees with Workers' Compensation insurance in an amount
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and forr; to meet all applicable requirements of the Labor
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Code of the State of California.
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8.
PROHIBITION AGAINST TRANSFERS.
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a. Consultant shall not assign, sublease, or transfer
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this Agreement or any interest therein directly or
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indirectly, by operation of law or otherwise without the
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prior written consent of the City.
Any attempt to do so
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without said consent shall be null and void, and any
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assignee, sublessee, or transferee shall acquire no right
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or interest by reason of such attempted assignment, lease
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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
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.
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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
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1 authority of any City officer or employee, except and to the
2 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
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
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objectives and goals.
Consultant shall not be obligated to
8 conform to the supervision or direction of City officers or
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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
12 other party in writing.
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CONFLICT OF INTEREST.
11.
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
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(2) prohibits such persons from making or participating in
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making decisions that will foreseeably financially affect
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such interests.
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b. Consultant shall conform to all requirements of the
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Act. Failure to do so constitutes a material breach and is
grounds for termination of this agreement by the City.
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c. Consultant agrees that during the term of this
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agreement, he shall not enter into any contract for work to
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be performed within the City of San Bernardino with private
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December 21, 1989
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parties who may foreseeab1y be materially affected by the
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work to be performed under this agreement.
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Consul tant agrees that he shall comply with all
d.
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other applicable conflict of interest laws, including
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local, state, federal, and cornmon law.
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12.
INSPECTION.
7 The City, in reference to any request for payment submitted
8 by the Consult.ant 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.
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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.
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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.
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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:
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Consultant
City
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
25 Any notice so given shall be considered served on the other
26 party three, Qays after date of mailing.
27 The address for notice may be changed by giving notice
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pursuant to this paragraph.
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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.
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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
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 WHEREOF, 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
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December 21, 1989
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1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SMITH, PERONI & FOX
PLANNING CONSULTANTS, INC. FOR EXPEDITIOUS REVIEW SERVICES.
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Agreement, the day, month and year first above written.
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ATTEST:
CITY OF SAN BERNARDINO
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W.R. HOLCOMB, Mayor
City Clerk
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SMITH, PERONI & FOX PLANNING
CONSULTANTS, INC.
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By:
Approved as to form
and legal content:
James F. Penme.n,
City Attorney
BY:~
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December 21, 1989
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City of San Bernardino
INTEROFFICE MEMORANDUM
9001-2703
TO:
Mayor and Council
FROM:
Larry E. Reed, Director of Planning & Building
Services
SUBJECT: Council Item #41, Approving Consultants for
Expeditious Review Services
DATE:
January 8, 1990
COPIES:
P..tr7~
Given the potential problem, as expressed by MezsaR Miller,
Council Person from Ward 7, concerning developers being
forced to use a specific planning consultant, staff is
recommending the following administrative change:
Developers seeking expeditious
choose which consultant firm
Planning Review.
Plan Review will be allowed to
will do the City's expedited
~Fli-'
Larr~E. Reed, Director
Department of Planning and Building Services
LER:nhm
L//