HomeMy WebLinkAbout1987-123
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RESOLUTION NO. 87-123
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SMITH, PERONI & FOX RELATING TO
CONSULTING SERVICES FOR THE CITY'S GENERAL PLAN.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with Smith, Peroni & Fox relating to consulting
9 services for the City's General Plan, a copy of which is attached
10 hereto, marked Exhibit "A" and incorporated herein by reference as
11 fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
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Bernardino at an adj'ollrned "regular
meeting thereof, held on
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the
13th day of
, 1987, by the following vote,
April
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AYES:
Council Members
Estrada, Reilly, Flores,
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Maudslev, Quiel, Fraz ier, Str j..:-cklor
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NAYS:
None
ABSENT:
None
hL?/?~tifJ~
/ City Clerk
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The foregoing resolution is hereby approved this /~c!.L- day
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C~ /l 7} /
(' /j " [ / /.; / /{ {/ A "..../
''>1'_ <....1/'- ~,.\ ;fcr'V't../ / ' '";"'-/\..../' l/
Mayor off the City of'Sa~Bernardino
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of
, 1987.
April
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Approved as to form:
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/~ .. /)0
~ ~~~
Clty Attorney
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4/3/87
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A G R E E MEN T
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(General Plan Consultant)
THIS AGREEMENT is made and entered into this ~~6~ day of
~ , 1987, by and between the CITY OF SAN BERNARDINO,
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a municipal corporation, hereinafter referred to as "City", and
SMITH, PERONI & FOX, Planning Consultants, Inc., hereinafter
referred to as "Consultant".
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I . Re c ita Is.
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A. Consultant represents that it possesses all
10 professional qualifications necessary to render the services to
11 the City set forth herein, and City enters into this agreement in
12 reliance upon Consultant's express representations in regard
13 thereto.
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B. City desires to retain Consultant to develop a
15 complete set of interim development policies and standards under
16 which the City may operate while the general plan is being
17 prepared, as more fully outlined in Consultant's letter dated
18 March 20, 1987, a copy of which is attached hereto and marked
19 Exhibit "lfl.
20 2. Scope of Services.
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A. Consultant shall develop a complete set of interim
22 development policies and standards in accordance with Office of
23 Planning and Research requirements under which the City may
24 operate while the general plan is being prepared.
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B. Consultant shall work with the attorney retained by
26 the City in processing an application for a time extension with
27 the State Office of Planning and Research.
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3. Personnel. Consultant represents that it has, or will
4/3/87
1 secure at its own expense, all personnel required to perform the
2 services by Consultant called for under this agreement.
3 Consultant shall at all times be and remain an independent
4 contractor, and such personnel as may be employed by Consultant
5 shall not be employees or agents of City for any purpose.
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4. Time of Performance. Services of Consultant are to
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commence as soon as practicable after the execution of this
I agreement, and shall continue until all services required by City
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are completed.
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5. Compensation. City shall pay to Consultant a total sum
11 of not to exceed TWENTY THOUSAND DOLLARS ($20,000). Consultant
12 shall bill City every two weeks pursuant to the fee schedule
13 attached hereto and marked Exhibit "2".
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6. Assignability. The experience, skill and expertise of
15 Consultant is of the essence of this agreement. Consultant shall
16 not assign (whether by assignment or novation) this agreement or
17 delegate the duties or any right or interest hereunder in whole or
18 in part without the prior written consent of City. Any assignment
19 or attempt to assign this agreement without such prior written
20 consent or by operation of law shall be void and shall constitute
21 cause for termination.
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7. Termination. City may terminate this agreement at any
23 time by giving written notice to Consultant of such termination
24 and specifying the effective date thereof at least thirty (30)
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1 days before the effective date of such termination. In such
2 event, all finished and unfinished documents and other materials
3 shall, at the option of City, become its property. If the
4 agreement is terminated by City, Consultant will be entitled to be
5 paid all compensation for work performed to the date of
6 termination.
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8. Amendments. Should City require changes in the scope of
I the services of Consultant to be performed hereunder, such
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changes, including any corresponding increase or decrease in the
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amount of Consultant's compensation which shall be mutually agreed
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upon by City and Consultant, shall be incorporated in this
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agreement only by written amendments hereto.
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9. Notices. All notices herein required shall be in writing
14 and delivered in person or sent by certified mail, postage
15 prepaid, addressed as follows:
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City
Consultant
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Planning Director
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Smith, Peroni & Fox
980 East Tahquitz Way, Suite C
Palm Springs, CA 92262
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10. Hold Harmless. Consultant shall hold City, its elective
21 and appointive boards, commissions, officers, agents and employees
22 harmless from any liability for damage or claims for damage for
23 personal injury, including death, as well as from claims for
24 property damage which may result from Consultant's professional
25 errors or omissions. Consultant shall defend City and its
26 elective and appointive boards, commissions, officers, agents and
27 employees from any suits or actions at law or in equity for
28 damages caused, or alleged to have been caused by Consultant's
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1 professional errors or omissions.
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11. Workers' Compensation. Consultant's employees shall be
3 covered by workers' compensation insurance in an amount and form
4 to meet all applicable requirements of the Labor Code of the State
5 of California and which specifically covers all persons providing
6 services on behalf of Consultant and all risks to such persons
7 under this agreement.
8 IN WITNESS WHEREOF, the parties hereto have executed this
9 agreement on the day and year first above written.
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CITY U. SAN BER,NARn,-hNO ,
By rl~e4p~~J? 14
,-,'" ~ c Mayor,'
ATTEST:
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A ~/ /
.~ft~: .;{1?/(/!:/
City Clerk
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SMITH, PERONI & FOX
Planning Consultants, Inc.
By ~
Its ~~_ _
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Approved as to form:
/,/'/1I1YJrV
~~ ~.
city torney
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Smith, Peroni & Fox
PLANNING CONSULTANTS, INC.
March 20, 1987
Vincent A. Bautista
Princip al Planner
300 North "D" Street
San Bernardino, CA 92418
Dear Vince,
It was a pleasure talking with you about the city's current problem regarding
it's general plan. As I indicated I would be available to work with you and
other city personnel to develop over the next few weeks the necessary
material needed for the court process and state office of planning and
research.
I t is my understanding that the immediate need is to develop a complete set of
interim development policies and standards under which the city may operate
while the general plan is being prepared and that this be accomplished in
accordance with CEQA requirements. We would work with an attorney
retained by the city with expertise in this matter. In addition if desired we
could assist in preparation of an RFP and getting the general plan process
started.
I t would appear to me that, for the court purpose it would be important to
not only have interim policies and standards but a work program (schedule)
available and an indication that the General Plan process is underway.
As I indicated, due to the fact that there is no RFP for us to respond to,
the uncertainty of the task and short time period we would work on a time
and reimbursable basis with a not to exceed amount of $20,000. We will bill
the city every two (2) weeks.
If this is acceptable please let us know and we win commence working on this
immediately.
Sincerel y
~. :ERONI & FOX
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Richard ~th
Presiden t
RJS / kf
enclosure
980 E. Tahquitz Way, Suite C, Palm Springs, California 92262 Telephone (619) 322-0900
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Smith, Peroni & Fox
PLANNING CONSULTANTS, INC.
FEE SCHEDULE
HOURLY RATE
STAFF MEMBER
75.00
PRIN CIP ALS
RESEARCH PLANNER
RESEARCH PLANNING ASSISTANT
DRAFTSMAN
WORD PROCESSING
REIMBURSABLE EXPENSES
Travel Expense (mileage rate for authorized travel)
.26 @ mile
Plane and train (at cost)
Printing, telephone, reproduction of drawings at
cost plus 10%
Copying (10~ @ copy)
980 E. Tahquitz Way, Suite C, Palm Springs, California 92262 Telephone (619) 322-0900
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50.00
40.00
30.00
25.00