HomeMy WebLinkAbout1979-001
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RESOLUTION NO. ~
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ULTRASYSTEMS, INC. PERTAINING TO
CONSULTING SERVICES FOR AN ENVIRONMENTAL IMPACT REPORT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with Ultrasystems, Inc. pertaining to consulting
services for an Environmental Impact Report, a copy of which
is attached hereto, marked Exhibit "I" and incorporated herein
by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a O~JmpKf2.f)a.gJlen/l) meeting thereof, held
on the -S!!:- day of ::;QfYl1~I!~' 1979, by the following
vote, to wit:
AYES: Councilmen Cn4Sl::omruf}o_))1 )h()()~I1"/~1i'fnA.
(ftnJ.).~{j.) #1rlqyn.; ~1O:)~Pn()/1J
NAYS: ~o
ABSENT: ::YJ0"'10
~~/~
~ City Cleik
The foregoing resolution is hereby this ~ da
of
::::r 0ftW.0J1d--'
1979.
Approved as to form:
~~R
J.ty torney
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A G R E E MEN T
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(Environmental Impact Report)
THIS AGREEMENT is made and entered into this
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day of
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February
, 1979, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter called "City", and ULTRA-
6 SYSTEMS, INC., a California corporation, hereinafter called
7 "Consultant".
8 WIT N E SSE T H:
9
The parties agree as follows:
1. Recitals. The California Environmental Quality Act
10
11 and the City's Environmental Impact Guidelines impose responsi-
12 bility for the accuracy and reliability of all environmental im-
13 pact reports upon City, and said guidelines provide that the City
14 may retain qualified consultants to prepare environmental impact
15 reports for public and private projects. City expects that the
16 owners of certain real property will submit tentative tract maps
17 for the subdivision of the property. Said real property is
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illustrated in Exhibit "A" attached hereto and incorporated
,..
19 herein. City has determined that an environmental impact report
20 is necessary for all of said property described in Exhibit "A"
21 prior to holding a hearing for the proposed tentative tract maps.
22 Consultant represents to City that it possesses the skill and
23 experience necessary to perform all work required for such an
24 environmental impact report; Consultant further represents to
25 City that it possesses the professional qualifications, experience
26 and expertise required for the performance of the work required,
27 and Consultant represents to City that it is well qualified to
28 perform such services. City enters into this agreement in re-
EXHIBIT "I"
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liance upon Consultant's representations.
2. General. Consultant shall prepare an environmental
impact report for the real property illustrated in Exhibit "A",
which is attached hereto and incorporated herein by reference.
Said Environmental Impact Report shall be prepared by Consultant
in accordance with the standards and requirements set forth in
the request for proposal, contained in Exhibit "B" attached
hereto and incorporated herein by reference.
3. Time of Performance. Consultant shall provide five
(5) copies of the rough draft environmental impact report to
City's Environmental Review Committee on or before ~1arch 7
1979. Consultant shall provide fifty (50) copies of the
corrected draft environmental impact report to City's Environ-
mental Review Committee on or before r.1arch 9 , 1979.
Consultant shall provide to City's Environmental Review Committee
twenty-five (25) copies of an addendum, responding to comments
made during the review period, promptly upon the completion of the
review period. The report and addendum shall be in form and sub-
'stance sufficient and adequate to satisfy all legal requirements
for such a report for City's purposes.
,
4. compensation for Consultant's Services. City shall
pay to Consultant for the services provided for in this agree-
ment the sum of nine thousand nine hundred dollars ($9,900.00)
to be paid in three equal installments, the first to be paid
upon execution of this agreement, the second to be paid upon
receipt of the rough draft environmental impact report and the
third upon approval of the report by the Mayor and Common Council.
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5. City's Right to Audit Records. Consul tant shall
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I maintain and keep adequate books and records on a current basis
recording all time expended by its personnel and all expenses
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4 incurred by Consultant in a form satisfactory to City and in
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5 accordance with generally accepted accounting principles. Said
6 books and records and all supporting details shall be made avail-
7 able to City for purposes of audit at all reasonable times and
8 places. All such books and records shall be maintained by Con-
9 sultant for such periods of time as required by law; provided,
10 however, notwithstanding any shorter periods of retention, all
11 books, records and supporting details shall be maintained for a
12 period of at least three (3) years after the completion of the
13 work provided for by this agreement.
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6. Consultant's Professional Status. Consultant accepts
15 the relationship of trust and confidence to be established be-
16 tween it and City. Consultant covenants with City that it will
17 exercise its best professional skill and judgment in furthering
18 the interest of City. Consultant shall be at all times herein
19 an independent contractor and not an employee or agent of City.
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7. Assignability. The experience, skill and expertise
21 of Consultant is of the essence of this agreement. Consultant
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shall not assign (whether by assignment or novation) this agree-
Iment or delegate its duties hereunder in whole or in part or any
right or interest hereunder without the prior written consent of
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25 City. Any assignment or attempt to assign this agreement without
26 such prior written consent or by operation of law shall con-
27 stitute cause for termination.
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. . . . .
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8. Interest of Consultant. Consultant covenants that it
presently has no interest and shall not acquire any interest,
direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed under
this agreement. Consultant further covenants that in the perform-
ance of this agreement no person having any such interest shall be
employed.
9. publication, Reproduction and Use of Material. No
material produced in whole or in part under this agreement shall
be subject to copyright in the United states or in any other
country. The reports and material furnished by Consultant to
City shall become the sole property of City and City shall have
unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, or other
materials prepared under this agreement.
10. Termination of Agreement for Cause. If for any cause
Consultant shall fail to fulfill in a timely and proper manner
its obligations under this agreement, or if Consultant shall
violate any of the covenants, agreements or stipulations of this
agreement, City shall thereupon have the right to terminate this
agreement by giving written notice to Consultant of such termina-
tion and specifying the effective date thereof at least five (5)
days before the effective date of such termination. In that event
all finished and unfinished documents, data, studies, surveys,
drawings and reports or other material prepared by Consultant
under this agreement shall, at the option of City, become its
property and Consultant shall be entitled to receive just and
. . . . .
. . . . .
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1 equitable compensation for any satisfactory work completed on
2 such documents and other materials.
3 Notwithstanding the above, Consultant shall not be relieved
4 of liability to City for damage sustained by City by virtue of
5 any breach of this agreement by Consultant, and City may withhold
6 any payments to Consultant for the purpose of set-off until such
7 time as the exact amount of damages due City from Consultant is
8 determined.
9 This agreement may not be terminated for cause if the
10 failure to perform arises from unforeseeable cause beyond the
11 control and without the fault or negligence of Consultant.
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11. Termination for Convenience of City. City may
13 ,terminate this agreement at any time by giving written notice to
,
14 I Consultant of such termination and specifying the effective date
IS thereof at least fifteen (15) days before the effective date of
16 such termination. In such event, all finished and unfinished
17 documents and other materials as described in paragraph 10 above
18 shall, at the option of City, become its property. If the agree-
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Iment is terminated by City as provided herein, Consultant will be
I entitled to be paid all compensation for work performed to the
date of termination; provided that in no event shall the compen-
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sation of Consultant or reimbursable expenses exceed the maximum
23 amounts provided for in this agreement. If termination is due to
24 the fault of persons other than Consultant, Consultant will be
25 entitled to be paid all compensation for work performed to the
26 date of termination. Should this agreement be terminated due to
27 fault of Consultant, paragraph 10 hereof relative to termination
28 shall be applicable.
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12. Changes. Should City require changes in the scope of
2 the services of Consultant to be performed hereunder, such changes
3 including any corresponding increase or decrease in the amount of
4 Consultant's compensation, which shall be mutually agreed upon by
5 and between City and Consultant, shall be incorporated in this
6 agreement only by written amendments hereto.
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13. Consultant to Hold Harmless. Consultant hereby agrees
8 to, and shall, hold City, its elective and appointive boards,
9 commissions, officers, agents and employees harmless from any
10 liability for damage or claims for damage for personal injury,
11 including death, as well as from claims for property damage which
12 may arise from Consultant's operations under this agreement,
13 whether such operations be by Consultant or by anyone or more
14 persons directly or indirectly employed by or acting as agent for
15 Consultant. Consultant agrees to and shall defend City and its
16 elective and appointive boards, commissions, officers, agents and
17 employees from any suits or actions at law or in equity for
18 damages caused, or alleged to have been caused, by reason of any
19 of the aforesaid operations.
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14. Time of Essence. Time is of the essence with respect
21 to Consultant's performance under this agreement.
15. Notices. All notices herein required shall be in
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23 writing and delivered in person or sent by certified mail,
24 postage prepaid, addressed as follows:
25
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Ultrasystems, Inc.
2400 Michelson Drive
Irvine, CA 92715
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
ATTEST:
,.~A~_Aj~
c~ty Clerk ~
Approved as to form:
I~~~-?
! y At ney
CITY OF
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ULT~
By . Q.
Depa rtment I nager
By
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E)C;;,.t/~f '',1q
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PROJECT SUMMATION
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TENTATIVE TRACT NO. 10642
IOU '''' NO. 10643
IOU IOU NO. 10644
1111 '''' NO. 10645
~6 tgi~1 .
97 LOTS = 329 Lots on 83.2 acres - Zoning is R-1-7200
78 LOTS Single Family Res.
f""
TENTATIVE TRACT NO. 10647 42 LOTSj
IOU IOU NO. 10648 43 LOTS
'"1 un NO. l0649 33 LOTS = 169 Lots on 54.78 acres - Zoning is R-1-7200
"10 IOU NO. 10650 51 LOTS Single Family Res.
An additional 320, plus or minus, units are proposed on approximately 28 acres
of land zoned R-3-3000 Multiple Family Residential (see above map).
8 h/6/f I3IJ
CITY OF SAN BERNARDINO
REQUEST FOR PROPOSAL
Full Environmental Impact Report for 820 more or less
Single Family and Multiple Family Units on approximately
165 acres, State College Area, City of San Bernardino.
(Document to be prepared in compliance with California
Environmental Quality Act)
This is not a contract, but only a request for bid.
J
}'/I
Planning Department
City of San Bernardi.no
300 N. "D" Street
San Bernardino, CA 92418
Request: Preparation of bid for a "Full Environmental Impact Report" in "ompliance
with the requirements of the California Environmental Quality Act (CEQA).
THE PROJECT:
The project consists of a series of Tentative Tract Map applications creating
approximately 820 dwelling units on 165 acres of land. Single family residential
'development, totalling 498 units, is proposed on 138 acres, and a 320 more or less
condominium/townhouse development is proposed on 28 acres of land. Land use zoning
for the area is R-1-7200 Single Family Residential and R-3-3000 Multiple Family
Residential.
The site is located in the State College Area of the City of San Bernardino, generally
between the 115 (temporary) freeway, Kendall Drive, State College Parkway and the
Devil Canyon Flood Control Diversion Channel.
The State College General Plan indicates 4 - 7 dwelling units per acre "clustered"
and 8-14 dwelling units per acre "clustered" for the area, thus the single family
development as proposed does not comply. A major freeway interchange and major
divided highway is shown on the State College General Plan to be traversing the site.
The development as proposed does not indicate or make provisions for the interchange/
highway, thus conformance with the Circulation Element is not present.
ENVIRONMENTAL ISSUES:
At their meeting of November. 7, 1978 and November 21, 1978, the Environmental
Review Committee of the City of San Bernardino determined that an Environmental
Impact Report should be prepa~ed on the project and provided notification to
all responsible agencies and ,the State of California Office of Planning and
Research for input. The following factors, at a minimum, have been identified
as having potential for significant adverse environmental impact:
REGIONAL SIGNIFICANCE:
1. This project, comb1ned with other projects in this immediate area, constitute
regional significance as defined in the City environmental review procedures
and State Environmental Impact Report guidelines.
TRAFFIC ANALYSIS:
2. The project will cause an increase ,in traffic which may be substantial in
relation to the existing traffic load and capacity of the street system.
Specifically, the section on traffic will need to address, but not limited
to the following items:
A.Projection of traffic to be generated upon full development of the proposed
820 units.
B. Assess adequacy of proposed access points to Kendall Drive and State College
Parkway.
C. Projection of average daily traffic in 5 years on Kendall Drive and State ,~,_
College Parkway (including all developments submitted to the City for
approval within the general area).
O. betermination if traffic signal or stop sign warrants will be satisfied
within 5 years at the access points to Kendall Drive and State College Parkway.
E. Determination if traffic signals or stop signs will be needed for any
internal intersecting streets. (Note: Any street intersecting another with
an ADT greater than 1,000 will generally be stopped).
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F. Evaluation of adequacy of general planned width of College Avenue to
accomodate projected traffic.
G. Evaluate need for transit service.
H. Discuss necessity for street along Devil's Canyon Flood Control Channel
(shown on City's General Plan as Pepper - Linden Avenue) and the amount
of right-of-way that will need to be reserved.
I. Traffic evaluation shall include safety aspects and factors.
J. Anticipated need for additional work or modifications to the State
highway system shall be analyzed.
K. Included in this discussion should be costs related to any transporation
improvements, potential for funding, and sources of funds.
3. STORM DRAINAGE:
The section on storm drainage will need to address the following items:
A. Identify flood protection facilities, on Comprehensive Storm Drain Plan,
within project site.
B. Evaluate degree of hazard to proposed units from flooding.
4. SEWER SERVICE:
Description of intercepting sewer traversing project site and an assessment
of the capability of this sewer to accomodate the additional sewage that will
be generated by the 820 proposed units.
5. ADDITIONAL IMPACT FACTORS:
A. The project has the p"tential to expose people to high noise levels
due to its close proximity to the Barstow (115) Freeway. Degree of
exposure, contour and mitigation measures must be arialyzed inclusive
of actual noise readings and the basis for any mitigations.
B. The project does not conform. to the State College General Plan in that
4 to 7 dwelling units per acre clustered is shown on the plan for this
area, and this project is "typical" single family development with 28
a.cres proposed for "four-plex" units. An analysis of this nonconformance.
with the General Plan is to be provided inclusive of alternatives.
C. The project is in conflict with circulation pattern shown on the General
Plan for the area in that no provisions are made for the Pepper - Linden
Interchc.nge and divided major highway which is proposed to provide
circulation to and beyond the immediate State College.
D. The proJect may significantly impact existing community facilities or
result in a need for new community facilities. in the area, such as fire,
police, libraries, parks, refuse, etc. An analysis of community facility
needs, including costs and "ffsets are to be evaluated. >,,,
E. An economic analysis (revenue/expenditure) of the project in relation to
City and public school services is to be provided and any resultant mitigations
or offsets proposed. It should be noted that a "data base" for this
information is not available and contacts with individual departments/
agencies will be necessary.
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F. An analysis of tqe physical characteristics of this development ill
terms of lot sizes and ~ract layout (design standards, street pattern,
alternative physical design characteristics) is to be included to
determine compatibility alternatives, 'site proposals and mitigation
measures.
G. Energy, water quality; hydrology and soils (geologic) analysis shall
be discussed as required by the State of California Environmental
Impact Report Guidelines.
H. The impact upon the San Bernardino Unified School District in relation-
ship to student enrollment capabilities and long range funding avnilability.
I. Any other environmental issues raised by responsible agencies during the
45 day time period to comment on the "Notice of Preparation" shall be
included in the Environmental Impact Report. It should be noted this
development has regional significance and as such the State of California
Office of Planning and Research has been contacted for input. No response
has been received from Office of Planning and Research as yet, however,
it is assumed the agency will comment. at a later date.
RESPONSIBILITIES:
1. The consultant selected will provide a total of five (5) copies of the rough
draft Environmental Impact Report to the Environmental Review Committee; a
total of fifty (50) copies of the corrected draft Environmental Impact Report
to the Environmental Review Committee, and twenty five (25) copies of the
comments and responses to comments after circulation of the Environmental Impact
Report.
2. The firm selected will be responsible for providing a rough draft document, a
completed draft, in compllance with the California Environme~al Quality Act,
responses to comments, attendance at Planning Commission Public Hearing, Mayor
and Common Public Hearing, and responding accordingly to input received.
3. The document will be prepared for the City of San Bernardino under the guidance
of the Environmental Review Committee and attendance at a meeting of the Committee
will be necessary after comple~ion of the rough draft.
4. The fee will be paid in the following manner: (1/3) at initiation of report;
(1/3) upon submittal of the draft Environmental Impact Report; (1/3) upon
certification by the Mayor and Common Council.
5. Each firm shall submit three (3) copies of a bid proposal for the Environmental
Impact Report by 5:00PM, Monday, December 18, 1978. The proposal shall contain
the following:
A.
A discussion of the project principal and the individual staff members who
will be responsible for preparing the specific segments of the Environmental
Impact Report.
B. A work schedule identifying deadlines that will provide a draft document
submission by February 5, 1979.
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C. A fixed bid for'preparation of the Draft Environmental Impact Report
inclusive of all areas and attendance at meetings outlined in this
section.
D. Inclusion of your Federal Employer I.D. Number, a Social Security
Number in your bid proposal.
E. A statement complying with the affirmative action laws currently
applicable.
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A G R E E MEN T
2
(Environmental Impact Report)
3
THIS AGREEMENT is made and entered into this
day of
4 , 1979, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter called '''City'', and ULTRA-
6 SYSTEMS, INC., a California corporation, hereinafter called
7 "Consultant".
8 ! .!. ! N E S ~ E T H:
9 The parties agree as follows:
10
1. Recitals. The California Environmental Quality Act
11
;
iand the City's Environmental Impact Guidelines impose responsi-
I
i'1'bility for the accuracy and reliability of all environmental im-
II
!:pact reports upon City, and said guidelines provide that the City
,
imay retain qualified consultants to prepare environmental impact
I
Ii reports for public and private projects.
I'owners of certain real property will submit tentative tract maps
II for the subdivision of the property.
I
,
iillustrated in Exhibit "A" attached hereto and incorporated
'I herein. City has determined that an environmental impact report
,
lis necessary for all of said property described in Exhibit "A"
I!prior to holding a hearing for the proposed tentative tract maps.
Ii Consultant represents to City that it possesses the skill and
I: experience necessary to perform all work required for such an
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City expects that the
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Said real property is
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environmental impact report; Consultant further represents to
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City that it possesses the professional qualifications, experience
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land expertise required for the performance of the work required,
land Consultant represents to City that it is well qualified to
!perform such services. City enters into this agreement in re-
27
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EXHIBIT "I"
1 liance upon Consultant's representations.
2
2. General. Consultant shall prepare an environmental
3 impact report for the real property illustrated in Exhibit "A",
4 which is attached hereto and incorporated herein by reference.
5 Said Environmental Impact Report shall be prepared by Consultant
6 in accordance with the standards and requirements set forth in
7 the request for proposal, contained in Exhibit "B" attached
8 hereto and incorporated herein by reference.
3. Time of Performance. Consultant shall provide five
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I. (5) copies of the rough draft environmental impact report to
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! City's Environmental Review Committee on or before
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I 1979. Consultant shall provide fifty (50) copies of the
j corrected draft environmental impact report to City's Environ-
l mental Review Committee on or before , 1979.
,
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15 Consultant shall provide to City's Environmental Review Committee
16 twenty-five (25) copies of an addendum, responding to comments
17 made during the review period, promptly upon the completion of the
18 review period. The report and addendum shall be in form and sub-
19 stance sufficient and adequate to satisfy all legal requirements
20 for such a report for City's purposes.
21
4. Compensation for Consultant's Services. City shall
22 I pay to Consultant for the services provided for in this agree-
23 ment the sum of nine thousand nine hundred dollars ($9,900.00)
24 to be paid in three equal installments, the first to be paid
25 upon execution of this agreement, the second to be paid upon
26 receipt of the rough draft environmental impact report and the
27 third upon approval of the report by the Mayor and Common Council.
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5. City's Right to Audit Records. Consultant shall
2 maintain and keep adequate books and records on a current basis
1
3 recording all time expended by its personnel and all expenses
4 incurred by Consultant in a form satisfactory to City and in
5 accordance with generally accepted accounting principles. Said
6 books and records and all supporting details shall be made avail-
7 able to City for purposes of audit at all reasonable times and
8 places. All such books and records shall be maintained by Con-
9 sultant for such periods of time as required by law; provided,
10 however, notwithstanding any shorter periods of retention, all
11 books, records and supporting details shall be maintained for a
12 period of at least three (3) years after the completion of the
13 work provided for by this agreement.
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6. Consultant's Professional Status. Consultant accepts
15 the relationship of trust and confidence to be established be-
16 tween it and City. Consultant covenants with City that it will
17 exercise its best professional skill and judgment in furthering
18 the interest of City. Consultant shall be at all times herein
19 an independent contractor and not an employee or agent of City.
20
7. Assign.ability. The experience, skill and expertise
21 of Consultant is of the essence of this agreement. Consultant
22
! shall not assign (whether by assignment or novation) this agree-
I. .
!ment or delegate its duties hereunder in whole or in part or any
! .
right or interest hereunder without the prior written consent of
23
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25 City. Any assignment or attempt to assign this agreement without
26 such prior written consent or by operation of law shall con-
27 stitute cause for termination.
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. . . . .
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8. Interest of Consultant. Consultant covenants that it
2 presently has no interest and shall not acquire any interest,
3 direct or indirect, which would conflict in any manner or degree
4 with the performance of services required to be performed under
i
5 this agreement. Consultant further covenants that in the perform-i
I
6 ance of this agreement no person having any such interest shall bel
7 employed.
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9. Publication, Reproduction and Use of Material. No
material produced in whole or in part under this agreement shall
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be subject to copyright in the United states or in any other
11
I country. The reports and material furnished by Consultant to
I City shall become the sole property of City and City shall have
[unrestricted authority to publish, disclose, distribute and
, otherwise use, in whole or in part, any reports, data, or other
I materials prepared under this agreement.
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10. Termination of Agreement for Cause. If for any cause
I Consultant shall fail to fulfill in a timely and proper manner
I its obligations under this agreement, or if Consultant shall
I violate any of the covenants, agreements or stipulations of this
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agreement, City shall thereupon have the right to terminate this
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agreement by giving written notice to Consultant of such termina-
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tion and specifying the effective date thereof at least five (5)
23 days before the effective date of such termination. In that event
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I all finished and unfinished documents, data, studies, surveys,
I drawings and reports or other material prepared by Consultant
I
,
i under this agreement shall, at the option of City, become its
I
I
i property and Consultant shall be entitled to receive just and
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equitable compensation for any satisfactory work completed on
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such documents and other materials.
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Notwithstanding the above, Consultant shall not be relieved
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of liability to City for damage sustained by City by virtue of
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any breach of this agreement by Consultant, and City may withhold
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any payments to Consultant for the purpose of set-off until such
time as the exact amount of damages due City from Consultant is
determined.
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This agreement may not be terminated for cause if the
r failure to perform arises from unforeseeable cause beyond the
i
!
, control and without the fault or negligence of Consultant.
I. 11. Termination for Convenience of City. City may
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! terminate this agreement at any time by giving written notice to
I
Consultant of such termination and specifying the effective date
I
I thereof at least fifteen (15) days before the effective date of
i
Ii such termination. In such event, all finished and unfinished
Ii documents and other materials as described in paragraph 10 above
I: shall, at the option of City, become its property. If the agree-
j,ment is terminated by City as provided herein, Consultant will be
II
Ii entitled to be paid all compensation for work performed to the
I:
I'date of termination; provided that in no event shall the compen-
r
! sat ion of Consultant or reimbursable expenses exceed the maximum
i
,
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i-amounts provided for in this agreement. If termination is due to
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'I the fault of persons other than Consultant, Consultant will be
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!entitled to be paid all compensation for work performed to the
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idate of termination. Should this agreement be terminated due to
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i fault of Consultant, paragraph 10 hereof relative to termination
" shall be applicable.
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12. Changes. Should City require changes in the scope of
2 the services of Consultant to be performed hereunder, such changes
3 including any corresponding increase or decrease in the amount of
4 Consultant's compensation, which shall be mutually agreed upon by
5 and between City and Consultant, shall be incorporated in this
6 agreement only by written amendments hereto.
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13. Consultant to Hold Harmless. Consultant hereby agrees
8 to, and shall, hold City, its elective and appointive boards,
9 commissions, officers, agents and employees harmless from any
10 liability for damage or claims for damage for personal injury,
11 including death, as well as from claims for property damage which
12 may arise from Consultant's operations under this agreement,
13 whether such operations be by Consultant or by anyone or more
14 persons directly or indirectly employed by or acting as agent for
15 Consultant. Consultant agrees to and shall defend City and its
16 elective and appointive boards, commissions, officers, agents and
17 employees from any suits or actions at law or in equity for
18 damages caused, or alleged to have been caused, by reason of any
19 of the aforesaid operations.
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14. Time of Essence. Time is of the essence with respect
21 to Consultant's performance under this agreement.
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15. Notices. All notices herein required shall be in
23 writing and delivered in person or sent by certified mail,
24 postage prepaid, addressed as follows:
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Ultrasystems, Inc.
2400 Michelson Drive
Irvine, CA 92715
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
ATTEST:
CITY OF SAN
.,~/~~
C~ty Clerk ~
ULTRASYSTEMS, INC.
By
President
By
Secretary
Approved as to form:
~A..~4-te?'
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