HomeMy WebLinkAbout1989-470
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RESOLUTION NO. 89-470
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH J.F. DAVIDSON ASSOCIATES, INC. FOR
EXPENDITIOUS REVIEW SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City an Agreement with J.F. Davidson
Associates, Inc., for expeditious review services, a copy of said
agreement is attached hereto, marked Exhibit "A", and
incorporated herein by reference as fully as though set forth at
length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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 20th
regular
day of November
, 1989, by the following vote, to wit:
AYES:
Council Members
Estrada, Reilly, Flores,
Maudsley, Minor, Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
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CityClerk
/ / / /
/ / / /
/ / / /
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November 15, 1989
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RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH J.F.
DAVIDSON ASSOCIATES, INC. FOR EXPENDITIOUS REVIEW SERVICES.
The foregoing resolution is hereby approved this ~~4~ day
of
November
, 1989.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: Ll f~
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November 15, 1989
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AGREEMENT
(Expeditious Review Services)
THIS AGREEMENT is made and entered into this
day of
, 1989, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, located in the County of San Bernardino,
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State of California, hereinafter referred to as "City", and J.F.
Davidson Associates, Inc., a California corporation with
principal offices at 3880 Lemon Street, Suite ~00, P. O. Box 493,
Riverside, California 97.~~~
referred to as
"Consultant".
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WHEREAS, Cons
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that degree of
specialized experti
f _ ..,;:;."'.
C..,d
~nia Government
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VI.,
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Code Sections 65000,
and California
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Public Resources COt
lnd holds all
necessary licenses the
the services
herein contemplated; al
WHEREAS, no offi
-_..}:J.Loyee 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
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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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November 13, 1989
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work, project or activity contemplated herein and services to be
performed by Consultant thereunder.
NOW, THEREFORE, in consideration of the mutual promises of
the parties, and other good and sufficient consideration, the
parties agree to the following terms, conditions and covenants:
City does hereby appoint Consultant in a contractual
capacity to perform the following services in accordance with the
terms and conditions hereinafter set forth:
1. EXPEDITIOUS REVIEW SERVICES.
Consultant shall, upon request of the City Planning
Director, review plans and applications for development permits
and subdivision maps for compliance with the City's development
regulations falling within the purview of the Planning
Department.
City may, at its sole unrestricted option, use its
own employees and/or other independent contractors to perform
work, including work for which Consultant is herein appointed.
Pertinent City policies and regulations will be provided by the
City.
The City shall provide direction as to which policies,
regulations and procedures are to be used by Consultant.
Consultant shall report his recommendations on each project to
the Planning Director.
2. COLLECTION OF FEES.
All fees to be collected from any applicant in connection
with the carrying out of the functions as set forth in this
agreement shall be collected by City.
3. COMPENSATION OF CONSULTANT.
A. Consultant shall be compensated in an amount equal to
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SIXTY DOLLARS ($60.00) per hour of actual time spent
reviewing projects submitted for expeditious review.
B.
Consultant shall invoice City monthly for services
rendered on a per project basis and City shall pay
Consultant upon determining adequate deposit of monies with
the City for such expeditious review by the applicant.
4.
TERMINATION.
The City or Consultant may terminate this Agreement for any
reason at any time by mailing by certified mail thirty (30) days
prior written notice of termination to the other party.
In this
event, the Consultant shall be paid the reasonable value of
services rendered to the date of termination.
In the event of
any such termination, Consultant shall provide to City, without
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 I 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.
Consultant expressly warrants that its work will be
23 performed with care, skill, reasonable expedience, and
24 faithfulness and that work performed shall be fit and proper for
25 its intended use.
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6.
INDEMNIFICATION.
Consultant agrees to indemnify, defend, and hold harmless
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City, its agents, officers and employees from and against any and
all liability, expense and claims for damages of any nature
whatsoever, including, but not limited to, bodily injury, death,
personal injury, or property damages arising from or connected
with Consultant's operations, or its performance under this
Agreement.
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7.
INSURANCE.
Without limiting Consultant's indemnification of City as
stated in Paragraph 9, above, Consultant shall provide and
maintain at its own expense during the term of this Agreement the
following policy or policies of insurance covering its
performance under this Agreement:
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 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
without said consent shall be null and void, and any
assignee, sublessee, or transferee shall acquire no right
or interest by reason of such attempted assignment, lease
or transfer.
b. The sale, assignment, transfer or other disposition
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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.
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
with its Subcontractors, Bidders and Vendors without regard to or
because of race, religion, ancestry, national origin or sex.
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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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 and 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 by written
recommendations of either party subject to the concurrence of the
other party in writing.
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 he shall not enter into any
contract for work to be performed within the City of San
Bernardino with private parties during the term of this
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agreement.
d.
Consultant agrees that he shall comply with all
other applicable conflict of interest laws, including
local, state, federal, and common law.
12.
INSPECTION.
The City, in reference to any request for payment submitted
by the Consultant for services under this Agreement, shall have
the right to examine and audit the records of the Consultant
pertaining to this Agreement, to verify such payment.
13.
AUTHORITY.
Each of the parties to this Agreement represents that the
person signing on behalf of such party has authority to do so.
14.
CONSULTANT TO ABIDE BY LAWS.
Consultant is required to abide by all Federal, state and
Local law applicable to the SCOPE OF WORK.
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:
City
Consultant
Director of Planning
City of San Bernardino
300 North "D" Street
Third Floor
San Bernardino, CA. 92418
J.F. Davidson Associates, Inc.
3880 Lemon Street
Suite 300
P. O. Box 493
Riverside, CA 92502
Any notice so given shall be considered served on the other
party three days after date of mailing.
The address for notice may be changed by giving notice
pursuant to this paragraph.
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ENTIRE AGREEMENT.
This contract constitutes the entire Agreement between City
and Consultant and may be modified only by further written
agreement between the parties.
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
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.
IN WITNESS WHEREOF, the City Council of the City of San
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
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND J.F. DAVIDSON
ASSOCIATES, INC. FOR EXPEDITIOUS REVIEW SERVICES.
Agreement, the day, month and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
W.R. HOLCOMB, Mayor
J.F. DAVIDSON ASSOCIATES, INC.
By:
Approved as to form
and legal content:
James F. Penman,
City Attorney
By: L t/~
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November 13, 1989
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