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CITY OF SAN
COUNCIL MmON
Larry E. Reed, Director of
FnHD: Planning and Building and Safety
Dept: Planning
Om: November l4, 1989
Contractual services Resolution
Subject:' - Design Review Services
Mayor and Council Meeting of
November 20, 1989, 2:00 p.m.
Synopsis of Previous Council action:
No Previous Council Action.
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Racommended motion:
Adopt resolution.
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Signature
Larry E. Reed
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Contact person:
Larry E. Reed
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384-5057
Supporting data attached:
Staff Report and Resolution Went:
City-Wide
FUNDING REQUIREMENTS:
Amount:
Source: (Acct, No.1
00 ~ 'L ~31 ~O
(Acct. DescriDtionl
Finance:
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Council Notes:
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CITY OF SAN B8RtOtDINO - REQUEST ~ COUNCIL ACTIOII
STAFF REPORT
RESOLUTION FOR CONTRACTUAL SERVICES
FOR DESIGN REVIEW SERVICES
MAYOR AND COUNCIL MEETING OF
NOVEMBER 20, 1989
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REOUEST
The Department of Planning and Building is requesting
Council to adopt a resolution allowing staff to use a private
consulting firm for architectural design review services.
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BACKGROUND
In addition to being below the median of Planning review
fees and currently not charging for certain development
review services, the City of San Bernardino can provide
additional services for a fee. One of these additional
services is professional design review for a prDposed
project's building/architectural elevations. The Development
Review Committee needs to have trained professionals to
provide the evaluation and input on improving the
architectural design aspect of a proposed project. The
design review will fund this type of review. The developer
would pay for a professional design review of his/her
project's architectural design/appearance. The city in turn
would have a private consulting firm do the architectural
design review.
RECOMMENDATION
Staff recommendation is to authorize the Mayor to execute an
agreement with Urban Design Studio for purpose of providing
architectural design services to the City.
M&CCAGENDA:
DESIGN
.
Attachment A: Resolution for Contractual Services
with Urban Design Studio
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH URBAN DESIGN STUDIO FOR URBAN
DESIGN 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 Urban Design
Studio, for urban design 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
day of
, 1989, by the following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
/ / / /
/ / / /
/ / / /
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November l5, 1989
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RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URBAN
DESIGN STUDIO FOR URBAN DESIGN REVIEW SERVICES.
The foregoing resolution is hereby approved this
day
of
, 1989.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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AGREEMENT
(Design Review Services)
THIS AGREEMENT is made and entered into this
day of
, 1989, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter referred to as "City" and
URBAN DESIGN STUDIO, a California corporation with offices at 446
North Newport Boulevard, Suite 202, Newport Beach, California
92663 hereinafter referred to as "Consultant".
WIT N E SSE T H:
WHEREAS, Consultant represents that he has that degree of
specialized expertise contemplated for urban design review of
development projects applied for with the City of San Bernardino
and hOlds all necessary licenses therefor to practice and perform
the services herein contemplated; and
WHEREAS, no official or employee 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
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
work, project or activity contemplated herein and services to be
performed by Consultant thereunder.
NOW, THEREFORE, in consideration of the mutual promises of
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November 9, 1989
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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 her~inafter set forth:
1. URBAN DESIGN REVIEW SERVICES.
Consultant shall, at the request of the City Planning
Director, examine development projects and applications for
development permits and subdivision maps for compliance with the
City's development regulations and sound urban design principals
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. 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
SIXTY DOLLARS ($60.00) per hour of actual time spent
reviewing projects submitted for Urban Design Review.
b. Consultant shall invoice City monthly for services
rendered on a per project basis and C&ty shall pay
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4.
Consultant upon determining adequate deposit of monies with
the City for such urban design review by the applicant.
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
11 to the date of such termination. Consultant further covenants to
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give its good-faith cooperation in the transfer of the work to
the City or to any other consultant designated by City following
such termination, and to attend and participate in any meetings
at no cost to City as shall be deemed necessary by the Planning
Director to effectively accomplish such transfer.
5.
WARRANTY .
Consultant expressly warrants that its work will be
19 performed with care, skill, reasonable expedi ence, and
20 faithfulness and that work performed shall be fit and proper for
21 its intended use.
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6.
INDEMNIFICATION.
23 Consultant agrees to indemnify, defend, and hold harmless
24 City, its agents, officers and employees from and against any and
25 all liability, expense and claims for damages of any nature
26 whatsoever, including, but not limited to, bodily injury, death,
27 personal injury, or property damages arising from or connected
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with Consultant's operations, or its performance under this
Agreement.
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 coverfng 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.
PROHIBITION AGAINST TRANSFERS.
a. Consultant shall not assign, sublease, or transfer
this Agreement or any interest therein directly or
indirectly, by operation of law or otherwise without the
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, n lease
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or transfer.
b. The sale, assignment, transfer or other disposition
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
Consul tant 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.
Consul tant certifies and agrees that all persons employed
by Consultant, its affiliates, subsidiaries or hOlding companies
are and will be treated equally by Consultant without regard to
or because of race, religion, ancestry, national origin, or sex
and in compliance with State and Federal Anti-Discrimination
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
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
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object~ves or goals of the project or program to be accompl~shed
and not to the deta~ls and procedures to accompl~sh such
object~ves and goals.
Consultant shall not be obl~gated to
conform to the superv~s~on or d~rection of City off~cers or
employees which are not author~zed here~n.
Changes or
mod~f~cat~ons of sa~d object~ves and goals may be made by wr~tten
recommendat~ons of e~ther party subject to the concurrence of the
other party ~n wr~t~ng.
11.
CONFLICT OF INTEREST.
a. The Consultant or ~ts employees may be subject to
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the prov~s~ons of the Cal~forn~a Pol~t~cal Reform Act of
1974 (the Act), wh~ch (1) requ~res such persons to disclose
f~nanc~al ~nterests that may foreseeably be materially
affected by the work performed under th~s Agreement, and
(2) proh~b~ts such persons from making or participat~ng ~n
making dec~sions that w~ll foreseeably f~nancially affect
such ~nterests.
b. Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and ~s
grounds for term~nation of this agreement by the C~ty.
c. Consultant agrees that he shall not enter into any
contract for work to be performed w~thin the City of San
Bernardino with private part~es dur~ng the term of this
agreement.
d.
Consul tant agrees that he shall comply with all
other applicable confl~ct of interest laws, inCluding
local, state, federal, and common law.
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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. CONSULTAN'l' TO ABIDE BY LAWS.
Consul tant is required to abide by all Federal, state and
Local law applicable to the SCOPE OF WORK.
15. NOTICES.
Any notice required or desired to be given pursuant ,to this
Agreement shall be given in writing, and sent by certified mail,
return receipt requested, addressed as follows:
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Consul tent
Director of Planning
City of San Bernardino
300 North "D" Street
Third Floor
San Bernardino, CA. 92418
Urban Design Studio
446 North Newport Boulevard
Suite 202
Newport Beach, CA 92663
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.
16. ENTIRE AGREEMENT.
This contract constitutes the entire Agreement between City
and Consultant and may be modified only by further written
agreement between the parties.
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17. l:MPLBMEN'l'ATl:ON.
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
Mayor, and the seal of said Council to be hereto affixed and
attested by the Clerk thereof, and Consultant has executed this
Agreement, the day, month and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
W.R. HOLCOMB, Mayor
URBAN DESIGN STUDIO
By:
Approved as to form
and legal content:
James F. Penman,
City Attorney
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