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CI1:Y OF SAN BERNQ.DINO - REQUEST .g.. COUNCIL ACTION
Brad L. Kilger
From: Director of Planning
Contract with Tom Dodson & Assoc.
Subject: for Review of Draft EIR on General
Plan
Mayor and Council Meeting of
April 3, 1989
Dept: Planning
Dam: March 30, 1989
Synopsis of Previous Council action:
None
Recommended motion:
That the Mayor and Council adopt the resolution approving the contract
between the City and Tom Dodson and Associates.
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l_ Brad L. Kilger
Contact person:
Brad L. Kilger
Phone:
384-5057
Supporting data attached:
Staff Report
Ward:
n/a
FUNDING REQUIREMENTS:
Amount:
$15,000
Source: (Acct. No.) 001-172-53150 - Professional/Cqntractual
ServJ.ces
(Acct. DescriPtion)
Finance:
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Council Notes:
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CITY OF SAN BERNiRDINO
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- REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Approval of Contract with Tom Dodson & Associates
Mayor and Council Meeting of April 3, 1989
On April I, 1989 the City will begin the pUblic hearing phase on the
Draft General Plan and Environmental Impact Report (EIR). Due to
the May 31, 1989 deadline for review and approval of the Plan and
EIR, it is imperative that sufficient staff be available to analyze
and respond to comments received on the draft documents. This is
particularly true for the Draft EIR which is subject to a 45-day
mandatory review and comment period which will end on May 12, 1989.
The Planning Department is requesting approval of this contract to
obtain additional technical expertise and assistance in review and
approval of the Draft EIR.
Urgency for the Supplemental Agenda
The Draft Environmental Impact Report was completed and received
by the City on March 27, 1989, past the regular agenda deadline
for the April 3, 1989 Mayor and Council meeting.
This action cannot wait until the regular agenda of the next
Council meeting because the Consultant must immediately begin
reviewing the Draft General Plan and Draft Environmental
Impact Report in order for the City to meet its May 31, 1989
deadline.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH TOM DODSON & ASSOCIATES,
TO PERFORM CONSULTING SERVICES FOR THE PLANNING DEPARTMENT.
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 TOM DODSON & ASSOCIATES to perform consulting
services for the Planning Department, a copy of which is attached
hereto marked Exhibit "A" and incorporated herein by reference as
though fully 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 meeting thereof, held on the
day of , 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
HE/dys 1
March 29, 1989
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH TOM DODSON & ASSOCIATES, TO
PERFORM CONSULTING SERVICES FOR THE PLANNING DEPARTMENT
The foregoing resolution is hereby approved this
day
of
, 1989.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to
form and Legal Content:
JAMES F. PENMAN,
City Attorney
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HE/dys
March 29, 1989
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AGREEMENT
THIS AGREEMENT, is made and entered into this day of
, 1989 by and between the CITY OF SAN BERNARDINO, a
municipal corporation, 300 North "D" Street, San Bernardino,
California, referred to as "CITY", and TOM DODSON & ASSOCIATES,
referred to as "CONSULTANT".
CITY and CONSULTANT agree as follows:
1 . General Description of Work to be Done. CITY retains
CONSULTANT to perform planning and environmental consulting
services for the Planning Department and under the direction of
the Director of the Planning Department. Such services shall
include, but are not necessarily limited to: attendance at staff
meetings, Planning Commission meetings, and Mayor and City
Council meetings; review of documents; research and analysis of
the Draft General Plan and the Draft Environmental Impact Report;
prepare written and verbal reports on planning and environmental
issues; and the performance of related services which may be
required by the Planning Department.
2. Termination of Agreement. Either party may terminate
this agreement without cause and for any reason by giving fifteen
(15) days advance written notice of termination to the other
party.
3. Term. The term of this agreement is for a period of
two and one-half (2-1/2) months. This agreement shall commence
on April 4, 1989 and terminate on June 15, 1989. This agreement
may be extended for thirty (30) days upon the express written
approval by the Director of the Planning Department.
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4. Provision for Payment. Payment to CONSULTANT for
services provided under this agreement shall be at the rate of
SEVENTY-FIVE ($75.00) DOLLARS per hour and in no event shall
exceed FIFTEEN THOUSAND ($15,000.00) DOLLARS. CONSULTANT shall
maintain and file every two (2) weeks with the Planning
Department a record of hours expended on assigned projects and
the Planning Department shall submit a claim or request for
payment to the Finance Department every two (2) weeks.
CONSULTANT shall devote all hours necessary to the projects
assigned by the Planning Director to insure adequate performance
hereunder. CONSULTANT shall assume and pay all out-Of-pocket
expenses and costs of performing services under this agreement
and CITY shall not be liable for such costs and expenses.
5. Relationship of Parties. CONSULTANT is acting as an
independent contractor, and not as an employee of the CITY. In
the performance of personal services pursuant to the provisions
of this agreement, CONSULTANT shall not be supervised, directed,
or under the control or authority of any CITY officer or
employee, except and to the extent as may be expressly or
implicitly required by the terms and provisions of this
agreement. Any direction or control so required under this
agreement shall be limited to broad objectives or goals of the
project or program to be accomplished and not to the details and
procedures to accomplish such objectives or goals. CONSULTANT
shall not be obligated to conform to the supervision or direction
of CITY officers or employees which are not authorized herein.
Changes or modifications of said objectives and goals may be made
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by written recommendations of either party Subject to the
concurrence of the other party in writing.
6. Assignment. CONSULTANT'S rights under this agreement
shall not be assigned by CONSULTANT to any other person, firm or
corporation without the prior written consent of CITY.
7. Attorney's Fees. In the event that an action is filed
by either party to enforce rights under this agreement, the
prevailing party shall be entitled to reCOver reasonable
attorney's fees in addition to any other relief granted by the
Court.
8. Confidentiality and Non-DisClosure.
(a) CONSULTANT acknOwledges that while performing his
services under this agreement, CONSULTANT may have access to
and/or may become aware of attorney-client privileged
information, as defined in Evidence Code Section 952. CONSULTANT
agrees to hold in confidence all such privileged information
disClosed to CONSULTANT or developed by CONSULTANT in connection
with the work performed under this agreement, either in writing,
verbally, or in any other manner as a result of the consultation.
(b) CONSULTANT shall not, without the written permission
of the City Attorney, disClose or use the privileged information,
which CONSULTANT is obligated hereunder to maintain in
confidence, for any reason other than to enable CONSULTANT to
prOperly and completely perform his obligations under this
agreement.
(c) CONSULTANT shall not reproduce or make copies of the
privileged information or any of CONSULTANT'S output, except as
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required in the performance of this agreement. Upon termination
of the agreement for any reasons whatsoever, CONSULTANT shall
promptly deliver to CITY all correspondence, drawings, maps,
blueprints, manuals, letters, notes, notebooks, reports, flow-
charts, programs, proposals, or any other documents concerning
his services under this agreement.
9. Hold Harmless. CONSULTANT hereby agrees to, and
shall, hold CITY, its elective and appointive boards,
commissions, officers, agents and employees, harmless from any
liability for damage or claim for damage for personal injury,
including death, as well as from CONSULTANT'S operations under
this agreement. CONSULTANT agrees to, and shall defend and
indemnify CITY and its elective and appointive boards,
commissions, officers, agents and employees from any suit or
actions at law or in equity for damages caused or alleged to have
been caused by reason of CONSULTANT'S performance hereunder
including any claims that may arise against CITY by reason of
CONSULTANT'S legal relationship with CITY being categorized as
other than that of an independent contractor.
10. Acceptance of Final Payment Constitutes Release. The
acceptance by CONSULTANT of the final payment made according to
the terms of this agreement shall operate and be a release to the
CITY, and every employee and agent thereof, from all claims and
liabilities to CONSULTANT for anything done or furnished for or
relating to the work or services, or for any act or failure to
act of the CITY relating to or arising out of work performed
under this agreement.
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11. Notices. Any notice required to be given hereunder
shall be deemed to have been given by personal service or by
depositing said notice in the United states mail, postage
prepaid, and addressed as follows:
CITY
CONSULTANT
Director
Planning Department
300 North "D" Street
San Bernardino, CA 92418
Tom Dodson & Associates
444 N. Arrowhead Avenue
San Bernardino, CA 92415
12.
Amendments and Entire Agreement.
This written
contract constitutes the entire agreement between CITY and
CONSULTANT and may be modified only by further written agreement
between the parties.
IN WITNESS WHEREOF, this agreement has been executed by the
parties effective as of the date and year first above written.
ATTEST:
CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
By
Evlyn Wilcox, Mayor
City Clerk
TOM DODSON & ASSOCIATES
By
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Approved as to form
and legal content:
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JAMES F. PENMAN,
: :<~::~a.A. .
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