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Home My WebLink About1979-368 i I I 1 RESOLUTION NO. '/~9;~~ 2 ~ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ` (EXECUTION OF AN AGREEMENT WITH FLORIAN ASSOCIATES RELATING TO 3 CONSULTING SERVICES FOR THE SECCOMBE LAKE PARK PROJECT. q BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: ! 5 I, 'ii SECTION 1. The Mayor of the City of San Bernardino is 6 I~hereby authorized and directed to execute on behalf of said City ~ 7 I! i 8 fan Agreement with Florian Associates relating to consulting 9 ~%services for the Seccombe Lake Park Project, a copy of which i 10 pis attached hereto, marked Exhibit "A" and incorporated herein I i' i ~1 'by reference as fully as though set forth at length. i 12 I HEREBY CERTIFY that the foregoing resolution was duly ~3 !adopted by the Mayor and Common Council of the City of San ' n 14 Bernardino at aM~ meeting thereof, held 15 ion the /O~ day of ~ m/.~s~ 1979, by the following 16 vote, to wit: 17 AYES: Councilmen j//~~5 h yl ,ci 18 ~ ~~~~n _ ~i.~~~1 a - l9 NAYS : ~/y~®~ T JJ// 20 ABSENT : ~Q.~ n~,n~n~~i1~ ~ 21 D _7 /i7//J wis 22 C1. y C er 23 The foregoing resolution is hereby approved thi 24 of ~~~~m~t 1979. 25 May o t e C y o S Bernardino 26 pproved as to form: 27 as City At orney i 1 A G R E E M E N T 2 THIS AGREEMENT is made and entered into this 27th day of 3 August , 1979, by and between the CITY OF SAN BERNARDINO, 4 !a municipal corporation, referred to as "City", and FLORIAN 5 ASSOCIATES, a partnership, referred to as "Consultant". 6 j In consideration of the agreements, covenants, conditions, 7 ~~promises and legal detriments contained in this agreement, the I I, 8 parties agree as follows: i 9 1. General. City agrees to engage the services of Con- ~ i i0 sultant and Consultant agrees to perform the services as set j 11 forth in this agreement at and for the compensation herein j t2 I stipulated. 13 i 2. Scope of Services. The Consultant shall: I t4 ~ (a) Prepare a General Development Plan and Report I I Ig in conformance with the State of California requirements, which 16 (Plan and Report shall include, but not be limited to, the follow- i i 17 ing : I lg (1) Summary Iq (2) Introduction 20 a. Purpose of plan 21 b. Project description 22 c. Public involvement 23 (3) Resource Element - identifying inventory of 24 existing natural, historical and cultural elements. 25 I (4) Land Use and Facilities Element - identifi- 26 cation of proposed land plan and facilities. 27 (5) Environment Impact Element - identifying 28 t (significant environmental effects and proposed mitigating measures 2 (for the proposed project. 3 (b) Submit said General Development Plan and Report a ito City in final form no later than November 1, 1979. 5 ~ 3. Data to be Furnished Consultant. City shall furnish I 6 ;all existing and available information, data and reports which 7 irelate to the performance of the scope of services to Consultant g iwithout charge. ! 9 i 4. Time Performance. The services of Consultant are to II t0 ;commence August 27, 1979, and shall be undertaken and completed It ~~iin such sequence as to insure their expeditious completion, i 12 i but in any event all services required shall be completed on i 13 for before November 1, 1979. r4 5. Compensation. Consultant shall be compensated for IS services rendered under this agreement in accordance with the 16 following schedule: M t7 Principal $40.00 per hour t8 Landscape Architect $33.00 per hour l9 Draftsman $25.00 per hour I 20 Secretarial $20.00 per hour 21 Printing, supplies and other consultants will be billed 22 at cost plus 158. 23 Total hourly charges and direct expenses shall not exceed 24 the maximum sum of $15,000.00. 25 6. Method of Payment. Consultant shall, within ten (10) 26 days after the first of each calendar month, submit a statement 27 containing a breakdown of services performed during the preceding 28 month, specifying the services performed, dates and number of -2- 1 I hours, itemization of travel, subsistence and other expenses 2 related thereto. i 3 7. Termination. If the Consultant shall fail for any a 'reason to fulfill in a timely and proper manner its obligations 9 under this agreement, or if the Consultant shall violate any of 6 the covenants, conditions, or provisions of this agreement, City I ~ shall thereupon have the right to terminate this agreement by g giving at least thirty (30) calendar days' written notice to ~ q Consultant of such termination and specifying the effective date I i 10 Iof such termination. In such event, all finished or unfinished II I documents, data, studies, surveys, drawings, maps, models, photo- l2 'graphs, and reports prepared by Consultant under this agreement t3 shall, at the option of City, become its property and Consultant i4 shall be entitled to receive just and equitable compensation for t5 lany satisfactory work completed on such documents and other t6 materials. Notwithstanding the foregoing provisions, Consultant 17 shall not be relieved of the liability to City for damages sus- ig tained by City by virtue of any breach of the agreement by Con- 19 sultant, and City may withhold any payments to Consultant for the 20 purpose of set-off until such time as the exact amount of damages 21 due the City from Consultant is determined. 22 8. Amendments. City may, from time to time, request 23 changes in the scope of the services of Consultant to be performed 24 hereunder. Such changes including any increase or decrease in the 25 amount of Consultant's compensation which are mutually agreed 26 upon by and between City and Consultant, shall be incorporated in 27 written amendments to this agreement. 28 9. Independent Contractor. In accordance with its -3- t'status as an independent contractor, Consultant agrees that it I z will conduct itself consistent with such status; that it shall 3 not represent itself or claim to be an employee of the City, or q make any claim, demand, or application to or for any right or g benefit applicable to an employee of City, including, but not I 6 limited to, worker's compensation coverage, unemployment insurance ~ benefits, social security coverage, or retirement membership or g benefits. 9 10. Assignment. Consultant's rights hereunder shall not 10 be assigned by Consultant to any other person, firm, or corpora- l] tion without the prior written consent of City. 12 11. Confidential Relationship. All dealings of the t3 parties under this agreement shall be confidential, and any l4 report, data or communication received, prepared, or assembled t5 by Consultant under this Agreement which the City requests to be 16 confidential shall not be revealed, disseminated or made available t7 by Consultant to any person or organization without the prior tg written consent of City. 19 12. Hold Harmless. Consultant hereby agrees to, and 20 shall, hold City, its elective and appointive boards, commissions, 21 officers, agents and employees harmless from any liability for I 22 damage or claims for damage for personal injury, including death, 23 as well as from claims for property damage which may arise from 24 Consultant's operations under this agreement, whether such 25 operations be by Consultant or by any one or more persons directly 26 or indirectly employed by or acting as agent for Consultant. 27 Consultant agrees to, and shall, defend City and its elective and 28 appointive boards, commissions, officers, agents and employees -4- l i, i 1 from any suits or actions at law or in equity for damages caused, 2 Igor alleged to have been caused, by reason of any of Consultant's 3 operations. I 4 ! 13. Notices. All notices herein required shall be in ~i 5 !writing and delivered in person or sent by first class mail, ! ' 6postage prepaid, addressed as follows: I 7 City of San Bernardino Florian Associates Parks & Rec. Dept. 161 Fashion Lane g 300 North "D" Street Suite 210 Iii San Bernardino, CA 92418 Tustin, CA 92680 9'i 10 IN WITNESS WHEREOF, the parties hereto have executed this i 1t agreement on the date first hereinabove written. 12 CITY OF SAN BERNARDI ATTEST: 13 ' QQ ~r~ 14 flr~i~Ql ,laP,//2fi MaY G~ity Cler ~ IS FLORIAN ASSOCIATES t6 O ~ 17 BY Partner l8 Approved as to form: t9 i 20 'C` City At orney 21 22 23 24 25 26 27 28 -5-