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HomeMy WebLinkAbout41-Planning CITY OF SAN BERf ~RDINOt% REQUEST . JR COUNCIL ACTION From: Larry E. Reed, Director Planning, Building and Safety Dept: Planning, Building and Safety Date: December 12, 1989 Subject: Contractual Services Resolutions Expeditious Review Services Mayor and Council Meeting of January 8, 1990, 2:00 p.m. Synopsis of Previous Council action: On lioveMber 20, 1989, Council approved a resolution for expeditious review services with J.F. Davidson, but asked that the Department do a Request For Proposal (RFP process to obtain other firms to provide this service. Recommended motion: Adopt Resolution. Contact person: Larrv E. Reed . Staff report and Resolution Supporting data attached: Phone: (714) 384-5057 Ward: City-wide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No. 4/ CI~Y OF SAN BERti \RDINO - REQUEST r'R COUNCIL ACTION STAFF REPORT SUBJECT: RESOLUTION FOR CONTRACTUAL SERVICES FOR EXPEDITIOUS REVIEW SERVICES MAYOR AND COUNCIL MEETING OF JANUARY 8, 1990 REOUEST The Department of planning & Building is requesting Council to adopt resolutions allowing staff to use a private consult- ing firm for the purpose of reviewing development plans for compliance with the City's Development Regulations administrated by the Department. BACKGROUND Developers often ask for expedited review of the proposed development. The City of San Bernardino is permitted. to provide expedited review of development plans by an outside consultant contracted with the City. This is similar to Building and Safety's expedited Technical Building Code Plan Check Process. At the November 20, 1989, meeting the council requested that we do a Request for Proposal (RFP) process with firms in the area so that the least possible cost to the developers could be obtained. This process was done by sending out the RFP's to 25 firms in the area. The Department recieved 13 responses with 10 bids. The results of that process are as follows: CONSULTANT LOCATION 1. Adkan Engineering 2. smith, Peroni & Fox 3. J.F. Davidson & Assoc. 4. The Planning Center 5. Urban Design Studio 6. Ranpac Engineering 7. L.D. King, Inc. 8. Jaykin Engineers, Inc. 9 . Forma 10. Lockman & Assoc. RATE RANK Riverside $40 Palm Springs 55 Riverside 60 Newport Beach 60 Newport Beach 60 Temecula 65 ontario 72 Diamond Bar 75 Rancho 85 Cucamonga Monterey Park 85 1 2 3,4,&5 3,4,&5 3,4,&5 6 7 8 9,10 9,10 Instead of picking just one consultant firm, it is recommended and proposed that the City contract with the lowest five firms to 75.0264 city of San Bern~_dino Mayor and Common Council Meeting, January 8, 1990 -Resolution for Contractual Services Page 2 provide this service. The City could then rotate the service and/or offer the developer his/her choice of firms to provide the expeditious review service. Another advantage is that a particular firm may be too busy at a particular time to provide the service and we would have the other four firms to choose from. This service is provided and is paid for by the system. There is no cost by firms under contract with Developers through a deposit to the city for this service. the City draw-down Attached is a resolution and a single contract for one of the consultants. The other contracts are identical in substance. In order to avoid excessive duplication cost, we are only attaching this one contract for review. RECOMMENDATION Staff recommendation is to authorize the Mayor to execute an agreement with: 1. Adkan Engineers; 2. Smith, Peroni and Fox; 3. J.F. Davidson Associates; 4. The Planning Center; and, 5. Urban Design studio, for the purpose of providing expeditious review services paid for by Developers. Prepared by: John E. Montgomery Principal Planner Attachments: A. Resolution for Contractual Services with Adkan Engineers; Smith, Peroni and Fox; J.F. Davidson Associates; The Planning Center; and, Urban Design Studio. 1. Contract for Contractual Services with Adkan Engineers. M&CCAGENDA: EXPEDITIOUS 10 11 12 13 14 15 16 17 18 20 21 22 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIVE AGREEMENTS WITH ADKAN ENGINEERS, J.F. DAVIDSON 3 ASSOCIATES, INC., THE PLANNING CENTER, SMITH, PERONI & FOX PLANNING CONSULTANTS, INC., AND URBAN DESIGN STUDIO FOR 4 EXPEDITIOUS REVIEW SERVICES FOR THE PLANNING DEPARTMENT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed to 7 execute on behalf of said City five (5) Agreements; one agreement 8 each with ADKAN ENGINEERS, J.F. DAVIDSON ASSOCIATES, INC., THE 9 PLANNING CENTER, SMITH, PERONI & FOX PLANNING CONSULTANTS, INC., and URBAN DESIGN STUDIO; for expeditious review services for the Planning Department, copies of said agreements are attached hereto, marked Exhibits "A", "B", "C", "D" and "E", respectively and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above- referenced agreements are rescinded if the parties to the agreements fail to execute them within sixty (60) days of the passage of this resolution. 19 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 / / / / 23 / / / / 24 25 26 27 28 / / / / / / / / / / / / / / / / HE/dys December 21, 1989 1 10 11 12 1 RESOLUTION...AUTHORIZING THE EXECUTIONOF FIVE AGREEMENTS WITH ADKAN ENGINEERS, J.F. DAVIDSON ASSOCIATES, INC., THE PLANNING 2 CENTER, SMITH, PERONI & FOX PLANNING CONSULTANTS, INC., AND URBAN DESIGN STUDIO FOR EXPEDITIOUS REVIEW SERVICES... 3 4 day of , 1990, by the following vote, to wit: 5 6 NAYS ABSTAIN AYES Council Members: ESTRADA 7 REILLY FLORES 8 MAUDSLEY MINOR 9 POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day 13 of , 1990. 14 15 W. R. Holcomb, Mayor 16 City of San Bernardino 17 Approved as to form and legal content: 18 19 JAMES F. PENMAN, City Attorney 20 By,4~ / 21 22 23 24 25 26 27 28 HE/dys December 21, 1989 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 AGREEMENT 2 (Expeditious Review Services) 3 THIS AGREEMENT is made and entered into this day of 4 , 1990, by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, located in the County of San Bernardino, 6 State of California, hereinafter referred to as "City", and URBAN 7 8 DESIGN STUDIO, a California corporation with principal offices at 446 North Newport Boulevard, Suite 202, Newport Beach, 9 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 within California Government Code Sections 65000, et seq., and 66410, et seq., and California Public Resources Code Section 21000, et seq., and holds all necessary licenses therefore 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 26 rights, duties, obligations and liabilities with respect to the 27 work, project or activity contemplated herein and services to be 28 HE/dys December 21, 1989 1 1 performed by Consultant thereunder. 2 NOW, THEREFORE, in consideration of the mutual promises of 3 the parties, and other good and sufficient consideration, the 4 parties agree to the following terms, conditions and covenants: 5 City does hereby appoint Consultant in a contractual 6 capacity to perform the following services in accordance with the 7 terms and conditions hereinafter set forth: 8 EXPEDITIOUS REVIEW SERVICES. 1. 9 Consultant shall, upon request of the City Planning 10 Director, review plans and applications for development permits 11 and subdivision maps for compliance with the City's development 12 regulations falling within the purview of the Planning 13 City may, at its sole unrestricted option, use its Department. 14 own employees and/or other independent contractors to perform 15 work, including work for which Consultant is herein appointed. 16 Pertinent City pOlicies and regulations will be provided by the 17 The City shall provide direction as to which policies, City. 18 regulations and procedures are to be used by Consultant. 19 Consultant shall report his recommendations on each project to 20 the Planning Director. 21 2. COLLECTION OF FEES. 22 All fees to be collected from any applicant in connection 23 with the carrying out of the functions as set forth in this 24 agreement shall be collected by City. 25 COMPENSATION OF CONSULTANT. 3. 26 Consultant shall be compensated in an amount equal to A. 27 SIXTY DOLLARS ($60.00) per hour of actual time spent 28 HE/dys December 21, 1989 2 1 reviewing projects submitted for expeditious review. 2 B. Consultant shall invoice City monthly for services 3 rendered on a per project basis and City shall pay 4 Consultant upon determining adequate deposit of monies with 5 the City for such expeditious review by the applicant. 6 4. TERMINATION. 7 The City or Consultant may terminate this Agreement for any 8 reason at any time by mailing by certified mail thirty (30) days 9 prior written notice of termination to the other party. In this 10 event, the Consultant shall be paid the reasonable value of 11 services rendered to the date of termination. In the event of 12 any such termination, Consultant shall provide to City, without 13 charge, all documents, notes, maps, reports and data accumulated 14 to the date of such termination. Consultant further covenants to 15 give its good-faith cooperation in the transfer of the work to 16 the City or to any other consultant designated by City following 17 such termination, and to attend and participate in any meetings 18 at no cost to City as shall be deemed necessary by the Planning 19 Director to effectively accomplish such transfer. 20 5. WARRANTY . 21 ConsulTant expressly warrants that its work will be 22 performed with care, ski 11, reasonable expedi ence, and 23 faithfulness and that work performed shall be fit and proper for 24 its intended use. 25 6. INDEMNIFICATION. 26 Consul tant agrees to indemnify, defend, and hold harmless 27 City, its agents, officers and employees from and against any and 28 HE/dys December 21, 1989 3 1 all liability, expense and claims for damages of any nature 2 whatsoever, including, but not limited to, bodily injury, death, 3 personal injury, or property damages arising from or connected 4 with Consultant's operations, or its performance under this 5 Agreement. 6 7. INSURANCE. 7 Without limiting Consultant's indemnification of City as 8 stated in Paragraph 9, above, Consultant shall provide and 9 maintain at its own expense during the term of this Agreement the 10 following policy or policies of insurance covering its 11 performance under this Agreement: 12 13 14 15 16 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. 17 Such insurance shall name the City of San Bernardino as an 18 additional insured. 19 b. Workers' Compensation: Consultant shall cover its 20 employees with Workers' Compensation insurance in an amount 21 and form to meet all applicable requirements of the Labor 22 Code of the State of California. 23 8. PROHIBITION AGAINST TRANSFERS. 24 a. Consultant shall not assign, sublease, or transfer 25 this Agreement or any interest therein directly or 26 indir~ct1y, by operation of law or otherwise without the 27 prior written consent of the City. Any attempt to do so 28 HE/dys December 21, 1989 4 10 11 12 13 1 without said consent shall be null and void, and any 2 assignee, sublessee, or transferee shall acquire no right 3 or interest by reason of such attempted assignment, lease 4 or transfer. 5 b. The sale, assignment, transfer or other disposition 6 of any of the issued and outstanding capital stock of 7 Consultant, or of the interest of any general partner or 8 joint venturer or syndicate member or co-tenant of 9 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. 14 Consultant certifies and agrees that all persons employed 15 by Consultant, its affiliates, subsidiaries or holding companies 16 are and will be treated equally by Consultant without regard to 17 or because of race, religion, ancestry, national origin, or sex 18 and in compliance with state and Federal Anti-Discrimination 19 laws. Consultant further certifies and agrees that it will deal 20 with its Subcontractors, Bidders and Vendors without regard to or 21 because of race, religion, ancestry, national origin or sex. 22 23 24 10. RELATIONSHIP OF PARTIES. Consultant is acting as an independent contractor, and not as an employee of the City. In the performance of personal 25 services pursuant to the provisions of this Agreement, Consultant 26 shall not be supervised, directed, or under the control or 27 authority of any City officer or employee, except and to the 28 HE/dys December 21, 1989 5 1 extent as may be expressly or implicitly required by the terms 2 and provisions of this Agreement. Any direction or control so 3 required under this Agreement shall be limited to broad 4 objectives or goals of the project or program to be accomplished 5 and not to the details and procedures to accomplish such 6 objectives and goals. Consultant shall not be obligated to 7 conform to the supervision or direction of City officers or 8 employees which are not authorized herein. Changes or 9 modifications of said objectives and goals may be made by written 10 recommendations of either party subject to the concurrence of the 11 other party in writing. 12 13 14 15 16 17 18 19 20 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. 21 b. Consultant shall conform to all requirements of the 22 Act. Failure to do so constitutes a material breach and is 23 grounds for termination of this agreement by the City. 24 c. Consultant agrees that during the term of this 25 agreement, he shall not enter into any contract for work to 26 be performed within the City of San Bernardino with private 27 parties who may foreseeably be materially affected by the 28 HEjdys December 21, 1989 6 10 1 work to be performed under this agreement. 2 d. Consultant agrees that he shall comply with all 3 other applicable conflict of interest laws, including 4 local, state, federal, and common law. 5 12. INSPECTION. 6 The City, in reference to any request for payment submitted 7 by the Consultant for services under this Agreement, shall have 8 the right to examine and audit the records of the Consultant 9 pertaining to this Agreement, to verify such payment. 13. AUTHORITY. 11 Each of the parties to this Agreement represents that the 12 person signing on behalf of such party has authority to do so. 13 14. CONSULTANT TO ABIDE BY LAWS. 14 Consul tant is required to abide by all Federal, State and 15 Local law applicable to its performance under this Agreement. 16 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: 20 Consul tant ~ 21 Director of Planning City of San Bernardino 300 North "D" Street Third Floor San Bernardino, CA 92418 Urban Design Studios 466 North Newport BOulevard Suite 202 Newport Beach, CA 92663 22 23 24 Any notice so given shall be considered served on the other 25 party three days after date of mailing. 26 The address for notice may be changed by giving notice 27 pursuant to this paragraph. 28 HE/dys December 21, 1989 7 1 16. ENTIRE AGREEMENT. 2 This contract constitutes the entire Agreement between City 3 and Consultant and may be modified only by further written 4 agreement between the parties. 5 17. IMPLEMENTATION. 6 The City shall provide Consultant with written notice in 7 advance of the date at which these services are to be 8 implemented. 9 18. ATTORNEY'S FEES. 10 In the event that an action is filed by either party to 11 enforce rights under this agreement, the prevailing party shall 12 be entitled to recover reasonable attorney's fees in addition to 13 any other relief granted by the court. 14 IN WITNESS WHEREOF, the City Council of the City of San 15 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 18 / / / / 19 / / / / 20 / / / / 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 HE/dys December 21, 1989 8 10 1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND URBAN DESIGN STUDIOS FOR EXPEDITIOUS REVIEW SERVICES. 2 3 4 Agreement, the day, month and year first above written. ATTEST: CITY OF SAN BERNARDINO 5 6 W.R. HOLCOMB, Mayor City Clerk 7 8 URBAN DESIGN STUDIOS 9 By: 11 Approved as to form and legal content: 12 13 14 James F. Penman, City Attorney B~ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HE/dys December 21, 1989 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A G R E E MEN T 2 (Expeditious Review Services) 3 THIS AGREEMENT is made and entered into this day of 4 , 1990, by and between the CITY OF SAN BERNARDINO, 5 6 a municipal corporation, located in the County of San Bernardino, State of California, hereinafter referred to as "City", and 7 ADKAN ENGINEERS, a California corporation with principal offices 8 9 at 6830 Airport Drive, Riverside, California 92504, hereinafter referred to as "Consultant". WIT N E SSE T H WHEREAS, Consultant represents that he has that degree of specialized expertise contemplated within California Government Code Sections 65000, et seq., and 66410, et seq., and California Public Resources Code Section 21000, et seq., and holds all necessary licenses therefore to practice and perform the services herein contemI,lated; 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 HE/dys December 21, 1989 1 1 performed by Consultant thereunder. 2 NOW, THEREFORE, in consideration of the mutual promises of 3 the parties, and other good and sufficient consideration, the 4 parties agree to the following terms, conditions and covenants: 5 City does hereby appoint Consultant in a contractual 6 capacity to perform the following services in accordance with the 7 terms and conditions hereinafter set forth: 8 9 1. EXPEDITIOUS REVIEW SERVICES. Consultant shall, upon request of the City Planning 10 Director, review plans and applications for development permits 11 and subdivision maps for compliance with the City's development 12 regulations falling within the purview of the Planning 13 Department. City may, at its sole unrestricted option, use its 14 own employees and/or other independent contractors to perform 15 work, including work for which Consultant is herein appointed. 16 Pertinent City pOlicies and regulations will be provided by the 17 City. The City shall provide direction as to which policies, 18 regulations and procedures are to be used by Consul tant. 19 Consultant shall report his recommendations on each project to 21 20 the Planning Director. 2. COLLECTION OF FEES. 22 All fees to be collected from any applicant in connection 23 with the carrying out of the functions as set forth in this 24 agreement shall be collected by City. 25 26 27 28 3. COMPENSATION OF CONSULTANT. A. Consultant shall be compensated in an amount equal to FORTY DOLLARS ($40.00) per hour of actual time spent HE/dys December 21, 1989 2 1 reviewing projects submitted for expeditious review. 2 Consultant shall invoice City monthly for services B. 3 rendered on a per project basis and City shall pay 4 Consultant upon determining adequate deposit of monies with 5 the City for such expeditious review by the applicant. 6 4. TERMINATION. 7 The City or Consultant may terminate this Agreement for any 8 reason at any time by mailing by certified mail thirty (30) days 9 prior written notice of termination to the other party. In this 10 event, the Consultant shall be paid the reasonable value of 11 services rendered to the date of termination. In the event of 12 any such termination, Consultant shall provide to City, without 13 charge, all documents, notes, maps, reports and data accumulated 14 to the date of such termination. Consultant further covenants to 15 give its good-faith cooperation in the transfer of the work to 16 the City or to any other consultant designated by City following 17 such termination, and to attend and participate in any meetings 18 at no cost to City as shall be deemed necessary by the Planning 20 19 Director to effectively accomplish such transfer. 21 5. WARRANTY . 22 performed with care, skill, reasonable expedi ence, and Consultant expressly warrants that its work will be 23 faithfulness and that work performed shall be fit and proper for 24 its intended use. 25 6. INDEMNIFICATION. 26 Consultant agrees to indemnify, defend, and hold harmless 27 City, its agents, officers and employees from and against any and 28 HEjdys December 21, 1989 3 1 all liability, expense and claims for damages of any nature 2 whatsoever, including, but not limited to, bodily injury, death, 3 personal injury, or property damages arising from or connected 4 with Consultant's operations, or its performance under this 5 Agreement. 6 7. INSURANCE. 7 Without limiting Consultant's indemnification of City as 8 stated in Paragraph 9, above, Consultant shall provide and 9 maintain at its own expense during the term of this Agreement the 10 following policy or policies of insurance covering its 11 performance under this Agreement: 12 13 14 15 16 17 18 19 20 21 22 23 24 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 25 this Agreement or any interest therein directly or 26 indirectly, by operation of law or otherwise without the 27 prior written consent of the City. Any attempt to do so 28 HE/dys December 21, 1989 4 10 11 12 13 1 without said consent shall be null and void, and any 2 assignee, sublessee, or transferee shall acquire no right 3 or interest by reason of such attempted assignment, lease 4 or transfer. 5 b. The sale, assignment, transfer or other disposition 6 of any of the issued and outstanding capital stock of 7 Consultant, or of the interest of any general partner or 8 joint venturer or syndicate member or co-tenant of 9 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. 14 Consultant certifies and agrees that all persons employed 15 by Consultant, its affiliates, subsidiaries or holding companies 16 are and will be treated equally by Consultant without regard to 17 or because of race, religion, ancestry, national origin, or sex 18 and in compliance with state and Federal Anti-Discrimination 19 laws. Consultant further certifies and agrees that it will deal 20 with its Subcontractors, Bidders and Vendors without regard to or 22 21 because of race, religion, ancestry, national origin or sex. 10. RELATIONSHIP OF PARTIES. 23 24 Consultant is acting as an independent contractor, and not as an employee of the City. In the performance of personal 25 services pursuant to the provisions of this Agreement, Consultant 26 shall not be supervised, directed, or under the control or 27 authority of any City officer or employee, except and to the 28 HE/dys December 21, 1989 5 1 extent as may be expressly or implicitly required by the terms 2 and provisions of this Agreement. Any direction or control so 3 required under this Agreement shall be limited to broad 4 objectives or goals of the project or program to be accomplished 5 and not to the details and procedures to accomplish such 6 Consultant shall not be obligated to objectives and goals. 7 conform to the supervision or direction of City officers or 8 employees which are not authorized herein. Changes or 9 modifications of said objectives and goals may be made by written 10 recommendations of either party subject to the concurrence of the 11 other party in writing. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 during the term of this agreement, he shall not enter into any contract for work to be performed within the City of San Bernardino with private parties who may foreseeably be materially affected by the HEjdys December 21, 1989 6 10 1 work to be performed under this agreement. 2 d. Consultant agrees that he shall comply with all 3 other applicable conflict of interest laws, including 4 local, state, federal, and common law. 5 12. INSPECTION. 6 The City, in reference to any request for payment submitted 7 by the Consultant for services under this Agreement, shall have 8 the right to examine and audit the records of the Consultant 9 pertaining to this Agreement, to verify such payment. 13. AUTHORITY. 11 Each of the parties to this Agreement represents that the 12 person signing on behalf of such party has authority to do so. 13 14. CONSULTANT TO ABIDE BY LAWS. 14 Consul tant is required to abide by all Federal, State and 15 Local law applicable'to its performance under this Agreement. 16 20 21 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: ~ Consultant 22 Director of P1anning City of San Bernardino 300 North "0" Street Third Floor San Bernardino, CA 92418 Adkan Engineers 6830 Airport Drive Riverside, CA 92504 23 24 Any notice so given shall be considered served on the other 25 party three days after date of mailing. 26 The address for notice may be changed by giving notice 27 pursuant to this paragraph. 28 HE/dys December 21, 1989 7 1 16. ENTIRE AGREEMENT. 2 This contract constitutes the entire Agreement between City 3 and Consultant and may be modified only by further written 4 agreement between the parties. 5 17. IMPLEMENTATION. 6 The City shall provide Consultant with written notice in 7 advance of the date at which these services are to be 8 implemented. 9 18. ATTORNEY'S FEES. 10 In the event that an action is filed by either party to 11 enforce rights under this agreement, the prevailing party shall 12 be entitled to recover reasonable attorney's fees in addition to 13 any other relief granted by the court. 14 IN WITNESS WHEREOF, the City Council of the City of San 15 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 18 / / / / 19 / / / / 20 / / / / 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 HE/dys December 21, 1989 8 10 1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND ADKAN ENGINEERS FOR EXPEDITIOUS REVIEW SERVICES. 2 3 4 5 6 Agreement, the day, month and year first above written. ATTEST: CITY OF SAN BERNARDINO City Clerk W.R. HOLCOMB, Mayor 7 8 ADKAN ENGINEERS 9 By: 11 Approved as to form and legal content: 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 James F. Penman, City Attorney By:g~.f4. J 25 HE/dys December 21, 1989 9 10 11 12 13 14 15 16 17 18 1 AGREEMENT 2 (Expeditious Review Services) 3 THIS AGREEMENT is made and entered into this day of 4 , 1990, by and between the CITY OF SAN BERNARDINO, 5 6 a municipal corporation, located in the County of San Bernardino, State of California, hereinafter referred to as "City", and J.F. 7 DAVIDSON ASSOCIATES, INC., a California corporation with 8 9 principal offices at 3880 Lemon Street, Suite 300, P. O. Box 493, Riverside, California 92502, hereinafter referred to as "Consul tant" . WIT N E SSE T H WHEREAS, Consultant represents that he has that degree of specialized expertise contemplated within California Government Code Sections 65000, et seq., and 66410, et seq., and California Public Resources Code Section 21000, et seq., and holds all necessary licenses therefore to practice and perform the services herein contemplated; and WHEREAS, no official or employee of City has a financial 19 20 interest in the subject matter of this agreement contemplated within; and 21 WHEREAS, Consultant declares that he shall perform the 22 services herein contemplated in compliance with Federal and 23 California laws, including but not limited to minimum hours and 24 wages, fair employment, and occupational safety and health, to 25 the extent same are applicable herein; and 26 WHEREAS, the parties hereto intend to set forth all their 27 28 rights, duties, obligations and liabilities with respect to the HE/dys December 21, 1989 1 10 1 work, project or activity contemplated herein and services to be 2 performed by Consultant thereunder. 3 NOW, THEREFORE, in consideration of the mutual promises of 4 the parties, and other good and sufficient consideration, the 5 parties agree to the following terms, conditions and covenants: 6 City does hereby appoint Consultant in a contractual 7 capacity to perform the following services in accordance with the 8 terms and conditions hereinafter set forth: 9 1. EXPEDITIOUS REVIEW SERVICES. Consultant shall, upon request of the City Planning 11 Director, rev~ew plans and applications for development permits 12 and subdivision maps for compliance with the City's development 13 regulations falling within the purview of the Planning 14 Department. City may, at its sole unrestricted option, use its 15 own employees and/or other independent contractors to perform 16 work, including work for which Consultant is herein appointed. 18 17 Pertinent City policies and regulations will be provided by the City. The City shall provide direction as to which policies, 19 regulations and procedures are to be used by Consultant. 20 Consultant shall report his recommendations on each project to 22 21 the Planning Director. 2. COLLECTION OF FEES. 23 All fees to be collected from any applicant in connection 24 with the carrying out of the functions as set forth in this 25 agreement shall be collected by City. 26 27 28 3. COMPENSATION OF CONSULTANT. A. Consultant shall be compensated in an amount equal to HE/dys December 21, 1989 2 1 SIXTY DOLLARS ($60.00) per hour of actual time spent 2 reviewing projects submitted for expeditious review. 3 Consultant shall invoice City monthly for services B. 4 rendered on a per project basis and City shall pay 5 Consultant upon determining adequate deposit of monies with 6 the City for such expeditious review by the applicant. 7 4. TERMINATION. 8 The City or Consultant may terminate this Agreement for any 9 reason at any time by mailing by certified mail thirty (30) days 10 prior written notice of termination to the other party. In this 11 event, the Consultant shall be paid the reasonable value of 12 services rendered to the date of termination. In the event of 13 any such termination, Consultant shall provide to City, without 14 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 at no cost to City as shall be deemed necessary by the Planning 20 Director to effectively accomplish such transfer. 21 22 5. WARRANTY. Consultant expressly warrants that its work will be 23 performed with care, skill, reasonable expedi ence, and 24 faithfulness and that work performed shall be fit and proper for 25 its intended use. 26 27 28 6. INDEMNIFICATION. Consultant agrees to indemnify, defend, and hold harmless HEjdys December 21, 1989 3 ... 1 City, its agents, officers and employees from and against any and 2 all liability, expense and claims for damages of any nature 3 whatsoever, including, but not limited to, bodily injury, death, 4 personal injury, or property damages arising from or connected 5 with Consultant's operations, or its performance under this 6 Agreement. 7 8 7. INSURANCE. Without limiting Consultant's indemnification of City as 9 stated in Paragraph 9, above, Consultant shall provide and 10 maintain at its own expense during the term of this Agreement the 11 following policy or policies of insurance covering its 12 performance under this Agreement: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 ~greement or any interest therein directly or 27 28 indirectly, by operation of law or otherwise without the HE/dys December 21, 1989 4 ... 1 prior written consent of the City. Any attempt to do so 2 without said consent shall be null and void, and any 3 assignee, sublessee, or transferee shall acquire no right 4 or interest by reason of such attempted assignment, lease 5 or transfer. 6 b. The sale, assignment, transfer or other disposition 7 of any of the issued and outstanding capital stock of 8 Consultant, or of the interest of any general partner or 9 joint venturer or syndicate member or co-tenant of 10 Consultant which is an action resulting in changing the 11 control of Consultant, shall be construed as an assignment 12 of this Agreement. Control means fifty (50%) percent or 13 more of the voting power of the corporation. 14 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 21 with its Subcontractors, Bidders and Vendors without regard to or 22 because of race, religion, ancestry, national origin or sex. 23 10. RELATIONSHIP OF PARTIES. 24 Consultant is acting as an independent contractor, and not 25 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 28 HE/dys December 21, 1989 5 1 authority of any City officer or employee, except and to the 2 extent as may be expressly or implicitly required by the terms 3 and provisions of this Agreement. Any direction or control so 4 required under this Agreement shall be limited to broad 5 objectives or goals of the project or program to be accomplished 6 and not to the details and procedures to accomplish such 7 objectives and goals. Consultant shall not be obligated to 8 conform to the supervision or direction of City officers or 9 employees which are not authorized herein. Changes or 10 modifications of said objectives and goals may be made by written 11 recommendations of either party subject to the concurrence of the 12 other party in writing. 13 14 15 16 17 18 19 20 21 22 23 CONFLICT OF INTEREST. 11. 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 foreseeab1y financially affect such interests. b. Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is 24 grounds for termination of this agreement by the City. 25 c. Consultant agrees that during the term of this 26 agreement, he shall not enter into any contract for work to 27 be performed within the City of San Bernardino with private 28 HEjdys December 21, 1989 6 1 parties who may foreseeably be materially affected by the 2 3 work to be performed under this agreement. d. Consultant agrees that he shall comply with all 4 other applicable conflict of interest laws, including 5 local, state, federal, and common law. 6 12. INSPECTION. 7 The City, in reference to any request for payment submitted 8 by the Consultant for services under this Agreement, shall have 9 the right to examine and audit the records of the Consultant 10 pertaining to this Agreement, to verify such payment. 11 13. AUTHORITY. 12 Each of the parties to this Agreement represents that the 13 person signing on behalf of such party has 'authority to do so. 14 14. CONSULTANT TO ABIDE BY LAWS. 15 Consul tant is required to abide by all Federal, state and 16 Local law applicable to its performance under this Agreement. 17 15. NOTICES. 18 Any notice required or desired to be given pursuant to this 19 Agreement shall be given in writing, and sent by certified mail, 20 return receipt requested, addressed as follows: 21 22 23 Consu1tant City 24 Director of Planning City of San Bernardino 300 North "0" Street Third Floor San Bernardino, CA 92418 J.F. Davidson Associates, Inc. 3880 Lemon Street Suite 300 P. O. Box 493 Riverside, CA 92502 25 Any notice so given shall be considered served on the other 26 party three days after date of mailing. 27 The address for notice may be changed by giving notice 28 HE/dys December 21, 1989 7 1 pursuant to this paragraph. 2 16. ENTIRE AGREEMENT. 3 This contract constitutes the entire Agreement between City 4 and Consultant and may be modified only by further written 5 agreement between the parties. 6 17. IMPLEMENTATION. 7 The Ci ty shall provide Consultant with written notice in 8 advance of the date at which these services are to be 9 implemented. 10 18. ATTORNEY'S FEES. 11 In the event that an action is filed by either party to 12 enforce rights under this agreement, the prevailing party shall 13 be entitled to recover reasonable attorney's fees in addition to 14 any other relief granted by the court. 15 IN WITNESS WHEREOF, the City Council of the City of San 16 Bernardino has caused this Agreement to be subscribed by the 17 Mayor, and the seal of said Council to be hereto affixed and 18 attested by the Clerk thereof, and Consultant has executed this 19 / / / / 20 / / / / 21 / / / / 22 23 24 25 26 27 28 / / / / / / / / / / / / / / / / / / / / / / / / HE/dys 8 December 21, 1989 10 1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND J. F. DAVIDSON ASSOCIATES, INC. FOR EXPEDITIOUS REVIEW SERVICES. 2 3 Agreement, the day, month and year first above written. 4 ATTEST: CITY OF SAN BERNARDINO 5 6 W.R. HOLCOMB, Mayor City Clerk 7 8 J.F. DAVIDSON ASSOCIATES, INC. 9 By: 11 Approved as to form and legal content: 12 13 14 15 16 17 James F. Penman, City Attorney ~'-) 18 19 20 21 22 23 24 25 26 27 28 HEjdys December 21, 1989 9 10 11 12 13 14 15 16 17 18 1 AGREEMENT 2 (Expeditious Review Services) 3 day of THIS AGREEMENT is made and entered into this 4 , 1990, by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, located in the County of San Bernardino, 6 State of California, hereinafter referred to as "City", and THE 7 PLANNING CENTER, a California corporation with principal offices 8 at 1300 Dove Street, Suite 100, Newport Beach, California 92660, 9 hereinafter referred to as "Consultant". WIT N E SSE T H WHEREAS, Consultant represents that he has that degree of specialized expertise contemplated within California Government Code Sections 65000, et seq., and 66410, et seq., and California Public Resources Code Section 21000, et seq., and holds all necessary licenses therefore 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 19 within; and 20 WHEREAS, Consultant declares that he shall perform the 21 services herein contemplated in compliance with Federal and 22 California laws, including but not limited to minimum hours and 23 wages, fair employment, and occupational safety and health, to 24 the extent same are applicable herein; and 25 WHEREAS, the parties hereto intend to set forth all their 26 rights, duties, obligations and liabilities with respect to the 27 work, project or activity contemplated herein and services to be 28 HE/dys December 21, 1989 1 1 performed by Consultant thereunder. 2 NOW, THEREFORE, in consideration of the mutual promises of 3 the parties, and other good and sufficient consideration, the 4 parties agree to the following terms, conditions and covenants: 5 City does hereby appoint Consultant in a contractual 6 capacity to perform the following services in accordance with the 7 terms and con6itions hereinafter set forth: 8 EXPEDITIOUS REVIEW SERVICES. 1. 9 Consultant shall, upon request of the City Planning 10 Director, review plans and applications for development permits 11 and subdivision maps for compliance with the City's development 12 regulations falling within the purview of the Planning 13 City may, at its sole unrestricted option, use its Department. 14 own employees and/or other independent contractors to perform 15 work, including work for which Consultant is herein appointed. 16 Pertinent City policies and regulations will be provided by the 17 City. The City shall provide direction as to which policies, 18 regulations and procedures are to be used by Consul tant. 19 Consultant shall report his recommendations on each project to 20 the Planning Director. 21 2. COLLECTION OF FEES. 22 All fees to be collected from any applicant in connection 23 with the carrying out of the functions as set forth in this 24 agreement shall be collected by City. 25 26 3. COMPENSATION OF CONSULTANT. A. Consultant shall be compensated in an amount equal to 27 SIXTY DOLLARS ($60.00) per hour of actual time spent 28 HE/dys December 21, 2989 2 1 reviewing projects submitted for expeditious review. 2 Consultant shall invoice City monthly for services B. 3 rendered on a per project basis and City shall pay 4 Consultant upon determining adequate deposit of monies with 5 the City for such expeditious review by the applicant. 6 4. TERMINATION. 7 The City or Consultant may terminate this Agreement for any 8 reason at any time by mailing by certified mail thirty (30) days 9 prior written notice of termination to the other party. In this 10 event, the Consultant shall be paid the reasonable value of 11 services rendered to the date of termination. In the event of 12 any such termination, Consultant shall provide to City, without 13 charge, all documents, notes, maps, reports and data accumulated 14 to the date of such termination. Consultant further covenants to 15 give its good-faith 'cooperation in the transfer of the work to 16 the City or to any other consultant designated by City following 17 such termination, and to attend and participate in any meetings 18 at no cost to City as shall be deemed necessary by the Planning 20 21 19 Director to effectively accomplish such transfer. 5. WARRANTY . Consultant expressly warrants that its work will be 22 performed with care, ski 11, reasonable expedi ence, and 23 faithfulness and that work performed shall be fit and proper for 24 its intended use. 25 6. INDEMNIFICATION. 26 Consultant agrees to indemnify, defend, and hold harmless 27 City, its agents, officers and employees from and against any and 28 HE/dys December 21, 1989 3 1 all liability, expense and claims for damages of any nature 2 whatsoever, including, but not limited to, bodily injury, death, 3 personal injury, or property damages arising from or connected 4 with Consultant's operations, or its performance under this 5 Agreement. 6 INSURANCE. 7. 7 Without limiting Consultant's indemnification of City as 8 stated in Paragraph 9, above, Consultant shall provide and 9 maintain at its own expense during the term of this Agreement the 10 following policy or policies of insurance covering its 11 performance under this Agreement: 12 13 14 15 16 17 18 a. General Liability and Professional Liability: Such insurance shall include, but not be limited to, compreh&nsive 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. 19 b. Workers' Compensation: Consultant shall cover its 20 employees with Workers' Compensation insurance in an amount 21 and form to meet all applicable requirements of the Labor 22 Code of the State of California. 23 8. PROHIBITION AGAINST TRANSFERS. 24 a. Consultant shall not assign, sublease, or transfer 25 this Agreement or any interest therein directly or 26 indirectly, by operation of law or otherwise without the 27 prior written consent of the City. Any attempt to do so 28 HEjdys December 21, 1989 4 10 11 12 13 1 without said consent shall be null and void, and any 2 assignee, sublessee, or transferee shall acquire no right 3 or interest by reason of such attempted assignment, lease 4 or transfer. 5 b. The sale, assignment, transfer or other disposition 6 of any of the issued and outstanding capital stock of 7 Consultant, or of the interest of any general partner or 8 joint venturer or syndicate member or co-tenant of 9 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. 14 Consultant certifies and agrees that all persons employed 15 by Consultant, its affiliates, subsidiaries or holding companies 16 are and will be treated equally by Consultant without regard to 17 or because of race, religion, ancestry, national origin, or sex 18 and in compliance with State and Federal Anti-Discrimination 19 laws. Consultant further certifies and agrees that it will deal 20 with its Subcontractors, Bidders and Vendors without regard to or 21 because of race, religion, ancestry, national origin or sex. 22 23 24 10. RELATIONSHIP OF PARTIES. Consultant is acting as an independent contractor, and not as an employee of the City. In the performance of personal 25 services pursuant to the provisions of this Agreement, Consultant 26 shall not ~e supervised, directed, or under the control or 27 authority of any City officer or employee, except and to the 28 HE/dys December 21, 1989 5 1 extent as may be expressly or implicitly required by the terms 2 and provisions of this Agreement. Any direction or control so 3 required under this Agreement shall be limited to broad 4 objectives or goals of the project or program to be accomplished 5 and not to the details and procedures to accomplish such 6 Consultant shall not be obligated to objectives and goals. 7 conform to the supervision or direction of City officers or 8 employees which are not authorized herein. Changes or 10 recommendations of either party subject to the concurrence of the 9 modifications of said objectives and goals may be made by written 11 other party in writing. 12 13 20 21 22 23 24 25 26 27 11. CONFLICT OF INTEREST. a. The Consultant or its employees may be subject to 14 the provisions of the California Political Reform Act of 15 1974 (the Act), which (1) requires such persons to disclose 16 financial interests that may foreseeably be materially 17 affected by the work performed under this Agreement, and 18 (2) prohibits such persons from making or participating in 19 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 during the term of this agreement, he shall not enter into any contract for work to be performed within the City of San Bernardino with private parties who may foreseeably be materially affected by the 28 HE/dys December 21, 1989 6 10 1 work to be performed under this agreement. 2 Consultant agrees that he shall comply with all d. 3 other applicable conflict of interest laws, including 4 local, state, federal, and common law. 5 6 12. INSPECTION. The City, in reference to any request for payment submitted 7 by the Consultant for services under this Agreement, shall have 8 the right to examine and audit the records of the Consultant 9 pertaining to this Agreement, to verify such payment. 13. AUTHORITY. 11 Each of the parties to this Agreement represents that the 13 12 person signing on behalf of such party has authority to do so. CONSULTANT TO ABIDE BY LAWS. 14. 14 Consul tant is required to abide by all Federal, state and 16 15 Local law applicable to its performance under this Agreement. 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: 20 21 22 23 ~ Consultant Director of Planning City of San Bernardino 300 North "D" Street Third Floor San Bernardino, CA 92418 The Planning Center 1300 Dove Street, Suite 100 Newport Beach, CA 92660 24 Any notice so given shall be considered served on the other 25 party three days after date of mailing. 26 The address for notice may be changed by giving notice 27 pursuant to this paragraph. 28 HEjdys December 21, 1989 7 1 16. ENTIRE AGREEMENT. 2 This contract constitutes the entire Agreement between City 3 and Consultant and may be modified only by further written 4 agreement between the parties. 5 17. IMPLEMENTATION. 6 The Ci ty sha 11 provide Consul tant with written notice in 7 advance of the date at which these services are to be 8 implemented. 9 18. ATTORNEY'S FEES. 10 In the event that an action is filed by either party to 11 enforce rights under this agreement, the prevailing party shall 12 be entitled to recover reasonable attorney's fees in addition to 13 any other relief granted by the court. 14 IN WITNESS WHEREOF, the City Council of the City of San 15 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 18 / / / / 19 / / / / 20 / / / / 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 HE/dys December 21, 1989 8 10 1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE PLANNING CENTER FOR EXPEDITIOUS REVIEW SERVICES. 2 3 Agreement, the day, month and year first above written. 4 ATTEST: CITY OF SAN BERNARDINO 5 6 W.R. HOLCOMB, Mayor City Clerk 7 8 THE PLANNING CENTER 9 By: 11 Approved as to form and legal content: 12 13 14 James F. Penman, City Attorney 15 BY:~~) / 16 17 18 19 20 21 22 23 24 25 26 27 28 HE/dys December 21, 1989 9 9 10 11 12 13 14 1 AGREEMENT 2 (Expeditious Review Services) 3 THIS AGREEMENT is made and entered into this day of 4 , 1990, by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, located in the County of San Bernardino, 6 State of California, hereinafter referred to as "City", and 7 SMITH, PERONI & FOX PLANNING CONSULTANTS, INC., a California 8 corporation with principal offices at 980 East Tabquitz Way, Suite C, Palm Springs, California 92262, hereinafter referred to as "Consultant". WIT N E SSE T H WHEREAS, Consultant represents that he has that degree of specialized expertise contemplated within California Government Code Sections 65000, et seq., and 66410, et seq., and California 15 Public Resources Code Section 21000, et seq., and hOlds all 16 17 18 19 20 21 22 23 24 25 26 27 28 necessary licenses therefore 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 HEjdys December 21, 1989 1 10 22 1 work, project or activity contemplated herein and services to be 2 performed by Consultant thereunder. 3 NOW, THEREFORE, in consideration of the mutual promises of 4 the parties, and other good and sufficient consideration, the 5 parties agree to the following terms, conditions and covenants: 6 City does hereby appoint Consultant in a contractual 7 capacity to perform the following services in accordance with the 8 terms and conditions hereinafter set forth: 9 1. EXPEDITIOUS REVIEW SERVICES. Consultant shall, upon request of the City Planning 11 Director, review plans and applications for development permits 12 and subdivision maps for compliance with the City's development 13 regulations falling within the purview of the Planning 14 City may, at its sole unrestricted option, use its Department. 15 own employees and/or other independent contractors to perform 16 work, including work for which Consultant is herein appointed. 17 Pertinent City policies and regulations will be provided by the 18 City. The City shall provide direction as to which policies, 19 regulations and procedures are to be used by Consultant. 20 Consultant shall report his recommendations on each project to 21 the Planning Director. 2. COLLECTION OF FEES. 23 All fees to be collected from any applicant in connection 24 with the carrying out of the functions as set forth in this 26 27 28 25 agreement shall be collected by City. 3. COMPENSATION OF CONSULTANT. A. Consultant shall be compensated in an amount equal to HE/dys December 21, 1989 2 1 FIFTY-FIVE DOLLARS ($55.00) per hour of actual time spent 2 reviewing projects submitted for expeditious review. 3 Consultant shall invoice City monthly for services B. 4 rendered on a per project basis and City shall pay 5 Consultant upon determining adequate deposit of monies with 6 the City for such expeditious review by the applicant. 7 4. TERMINATION. 8 The City or Consultant may terminate this Agreement for any 9 reason at any time by mailing by certified mail thirty (30) days 10 prior written notice of termination to the other party. In this 11 event, the Consultant shall be paid the reasonable value of 12 In the event of services rendered to the date of termination. 13 any such termination, Consultant shall provide to City, without 14 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 at no cost to City as shall be deemed necessary by the Planning 20 Director to effectively accomplish such transfer. 21 5. WARRANTY . 22 Consultant expressly warrants that its work will be 23 performed with care, skill, reasonable expedi ence, and 24 faithfulness and that work performed shall be fit and proper for 25 its intended use. 26 6. INDEMNIFICATION. 27 Consultant agrees to indemnify, defend, and hold harmless 28 HEjdys December 21, 1989 3 1 City, its agents, officers and employees from and against any and 2 all liability, expense and claims for damages of any nature 3 whatsoever, including, but not limited to, bodily injury, death, 4 personal injury, or property damages arising from or connected 5 with Consultant's operations, or its performance under this 6 Agreement. 7 INSURANCE. 7. 8 Without limiting Consultant's indemnification of City as 9 stated in Paragraph 9, above, Consultant shall provide and 10 maintain at its own expense during the term of this Agreement the 11 following policy or policies of insurance covering its 12 performance under this Agreement: 13 14 15 16 17 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. 18 Such insurance shall name the City of San Bernardino as an 19 additional insured. 20 b. Workers' Compensation: Consultant shall cover its 21 employees with Workers' Compensation insurance in an amount 22 and forr; to meet all applicable requirements of the Labor 23 Code of the State of California. 24 8. PROHIBITION AGAINST TRANSFERS. 25 a. Consultant shall not assign, sublease, or transfer 26 this Agreement or any interest therein directly or 27 indirectly, by operation of law or otherwise without the 28 HE/dys December 21, 1989 4 10 11 12 13 14 15 1 prior written consent of the City. Any attempt to do so 2 without said consent shall be null and void, and any 3 assignee, sublessee, or transferee shall acquire no right 4 or interest by reason of such attempted assignment, lease 5 6 7 8 9 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 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. 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 21 with its Subcontractors, Bidders and Vendors without regard to or 22 because of race, religion, ancestry, national origin or sex. 23 24 25 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 28 HE/dys December 21, 1989 5 1 authority of any City officer or employee, except and to the 2 extent as may be expressly or implicitly required by the terms 3 and provisions of this Agreement. Any direction or control so 4 required under this Agreement shall be limited to broad 5 objectives or goals of the project or program to be accomplished 6 and not to the details and procedures to accomplish such 7 objectives and goals. Consultant shall not be obligated to 8 conform to the supervision or direction of City officers or 9 employees which are not authorized herein. Changes or 10 modifications of said objectives and goals may be made by written 11 recommendations of either party subject to the concurrence of the 12 other party in writing. 13 14 15 16 17 18 CONFLICT OF INTEREST. 11. 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 19 (2) prohibits such persons from making or participating in 20 making decisions that will foreseeably financially affect 21 such interests. 22 b. Consultant shall conform to all requirements of the 23 24 Act. Failure to do so constitutes a material breach and is grounds for termination of this agreement by the City. 25 c. Consultant agrees that during the term of this 26 agreement, he shall not enter into any contract for work to 27 be performed within the City of San Bernardino with private 28 6 HE/dys December 21, 1989 1 parties who may foreseeab1y be materially affected by the 2 work to be performed under this agreement. 3 Consul tant agrees that he shall comply with all d. 4 other applicable conflict of interest laws, including 5 local, state, federal, and cornmon law. 6 12. INSPECTION. 7 The City, in reference to any request for payment submitted 8 by the Consult.ant for services under this Agreement, shall have 9 the right to examine and audit the records of the Consultant 10 pertaining to this Agreement, to verify such payment. 11 13. AUTHORITY. 12 Each of the parties to this Agreement represents that the 13 person signing on behalf of such party has authority to do so. 14 14. CONSULTANT TO ABIDE BY LAWS. 15 Consul tant is required to abide by all Federal, state and 16 Local law applicable to its performance under this Agreement. 17 15. NOTICES. 18 Any notice required or desired to be given pursuant to this 19 Agreement shall be given in writing, and sent by certified mail, 20 return receipt requested, addressed as follows: 21 22 23 24 Consultant City Director of Planning City of San Bernardino 300 North "0" Street Third Floor San Bernardino, CA 92418 Smith, Peroni & Fox Planning Consultants, Inc. 980 East Tabquitz Way, Suite C Palm Springs, CA 92262 25 Any notice so given shall be considered served on the other 26 party three, Qays after date of mailing. 27 The address for notice may be changed by giving notice 28 HE/dys December 21, 1989 7 10 11 1 pursuant to this paragraph. 2 3 4 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. 5 6 7 8 9 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 12 enforce rights under this agreement, the prevailing party shall 13 be entitled to recover reasonable attorney's fees in addition to 14 any other relief granted by the court. 15 IN WITNESS WHEREOF, the City Council of the City of San 16 Bernardino has caused this Agreement to be subscribed by the 17 Mayor, and the seal of said Council to be hereto affixed and 18 attested by the Clerk thereof, and Consultant has executed this 19 / / / / 20 / / / / 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 HE/dys December 21, 1989 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SMITH, PERONI & FOX PLANNING CONSULTANTS, INC. FOR EXPEDITIOUS REVIEW SERVICES. 2 3 Agreement, the day, month and year first above written. 4 ATTEST: CITY OF SAN BERNARDINO 5 6 W.R. HOLCOMB, Mayor City Clerk 7 8 SMITH, PERONI & FOX PLANNING CONSULTANTS, INC. 9 By: Approved as to form and legal content: James F. Penme.n, City Attorney BY:~ ./ HEjdys December 21, 1989 9 City of San Bernardino INTEROFFICE MEMORANDUM 9001-2703 TO: Mayor and Council FROM: Larry E. Reed, Director of Planning & Building Services SUBJECT: Council Item #41, Approving Consultants for Expeditious Review Services DATE: January 8, 1990 COPIES: P..tr7~ Given the potential problem, as expressed by MezsaR Miller, Council Person from Ward 7, concerning developers being forced to use a specific planning consultant, staff is recommending the following administrative change: Developers seeking expeditious choose which consultant firm Planning Review. Plan Review will be allowed to will do the City's expedited ~Fli-' Larr~E. Reed, Director Department of Planning and Building Services LER:nhm L//