Loading...
HomeMy WebLinkAboutS11-Planning I ' - CI1:Y OF SAN BERNQ.DINO - REQUEST .g.. COUNCIL ACTION Brad L. Kilger From: Director of Planning Contract with Tom Dodson & Assoc. Subject: for Review of Draft EIR on General Plan Mayor and Council Meeting of April 3, 1989 Dept: Planning Dam: March 30, 1989 Synopsis of Previous Council action: None Recommended motion: That the Mayor and Council adopt the resolution approving the contract between the City and Tom Dodson and Associates. c ~ /"~ r- ~ "'-S',;;Z' l_ Brad L. Kilger Contact person: Brad L. Kilger Phone: 384-5057 Supporting data attached: Staff Report Ward: n/a FUNDING REQUIREMENTS: Amount: $15,000 Source: (Acct. No.) 001-172-53150 - Professional/Cqntractual ServJ.ces (Acct. DescriPtion) Finance: ()c~ /~ Council Notes: ^......_....... 1+......... 1\1.... 5-11 CITY OF SAN BERNiRDINO o - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Approval of Contract with Tom Dodson & Associates Mayor and Council Meeting of April 3, 1989 On April I, 1989 the City will begin the pUblic hearing phase on the Draft General Plan and Environmental Impact Report (EIR). Due to the May 31, 1989 deadline for review and approval of the Plan and EIR, it is imperative that sufficient staff be available to analyze and respond to comments received on the draft documents. This is particularly true for the Draft EIR which is subject to a 45-day mandatory review and comment period which will end on May 12, 1989. The Planning Department is requesting approval of this contract to obtain additional technical expertise and assistance in review and approval of the Draft EIR. Urgency for the Supplemental Agenda The Draft Environmental Impact Report was completed and received by the City on March 27, 1989, past the regular agenda deadline for the April 3, 1989 Mayor and Council meeting. This action cannot wait until the regular agenda of the next Council meeting because the Consultant must immediately begin reviewing the Draft General Plan and Draft Environmental Impact Report in order for the City to meet its May 31, 1989 deadline. Ii ~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - - o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TOM DODSON & ASSOCIATES, TO PERFORM CONSULTING SERVICES FOR THE PLANNING DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with TOM DODSON & ASSOCIATES to perform consulting services for the Planning Department, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk / / / / / / / / / / / / / / / / / / / / / / / / HE/dys 1 March 29, 1989 ." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TOM DODSON & ASSOCIATES, TO PERFORM CONSULTING SERVICES FOR THE PLANNING DEPARTMENT The foregoing resolution is hereby approved this day of , 1989. Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and Legal Content: JAMES F. PENMAN, City Attorney ~) HE/dys March 29, 1989 2 ., o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT THIS AGREEMENT, is made and entered into this day of , 1989 by and between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North "D" Street, San Bernardino, California, referred to as "CITY", and TOM DODSON & ASSOCIATES, referred to as "CONSULTANT". CITY and CONSULTANT agree as follows: 1 . General Description of Work to be Done. CITY retains CONSULTANT to perform planning and environmental consulting services for the Planning Department and under the direction of the Director of the Planning Department. Such services shall include, but are not necessarily limited to: attendance at staff meetings, Planning Commission meetings, and Mayor and City Council meetings; review of documents; research and analysis of the Draft General Plan and the Draft Environmental Impact Report; prepare written and verbal reports on planning and environmental issues; and the performance of related services which may be required by the Planning Department. 2. Termination of Agreement. Either party may terminate this agreement without cause and for any reason by giving fifteen (15) days advance written notice of termination to the other party. 3. Term. The term of this agreement is for a period of two and one-half (2-1/2) months. This agreement shall commence on April 4, 1989 and terminate on June 15, 1989. This agreement may be extended for thirty (30) days upon the express written approval by the Director of the Planning Department. 1 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 4. Provision for Payment. Payment to CONSULTANT for services provided under this agreement shall be at the rate of SEVENTY-FIVE ($75.00) DOLLARS per hour and in no event shall exceed FIFTEEN THOUSAND ($15,000.00) DOLLARS. CONSULTANT shall maintain and file every two (2) weeks with the Planning Department a record of hours expended on assigned projects and the Planning Department shall submit a claim or request for payment to the Finance Department every two (2) weeks. CONSULTANT shall devote all hours necessary to the projects assigned by the Planning Director to insure adequate performance hereunder. CONSULTANT shall assume and pay all out-Of-pocket expenses and costs of performing services under this agreement and CITY shall not be liable for such costs and expenses. 5. Relationship of Parties. CONSULTANT is acting as an independent contractor, and not as an employee of the CITY. In the performance of personal services pursuant to the provisions of this agreement, CONSULTANT shall not be supervised, directed, or under the control or authority of any CITY officer or employee, except and to the extent as may be expressly or implicitly required by the terms and provisions of this agreement. Any direction or control so required under this agreement shall be limited to broad objectives or goals of the project or program to be accomplished and not to the details and procedures to accomplish such objectives or goals. CONSULTANT shall not be obligated to conform to the supervision or direction of CITY officers or employees which are not authorized herein. Changes or modifications of said objectives and goals may be made 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 o o t by written recommendations of either party Subject to the concurrence of the other party in writing. 6. Assignment. CONSULTANT'S rights under this agreement shall not be assigned by CONSULTANT to any other person, firm or corporation without the prior written consent of CITY. 7. Attorney's Fees. In the event that an action is filed by either party to enforce rights under this agreement, the prevailing party shall be entitled to reCOver reasonable attorney's fees in addition to any other relief granted by the Court. 8. Confidentiality and Non-DisClosure. (a) CONSULTANT acknOwledges that while performing his services under this agreement, CONSULTANT may have access to and/or may become aware of attorney-client privileged information, as defined in Evidence Code Section 952. CONSULTANT agrees to hold in confidence all such privileged information disClosed to CONSULTANT or developed by CONSULTANT in connection with the work performed under this agreement, either in writing, verbally, or in any other manner as a result of the consultation. (b) CONSULTANT shall not, without the written permission of the City Attorney, disClose or use the privileged information, which CONSULTANT is obligated hereunder to maintain in confidence, for any reason other than to enable CONSULTANT to prOperly and completely perform his obligations under this agreement. (c) CONSULTANT shall not reproduce or make copies of the privileged information or any of CONSULTANT'S output, except as 3 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - o o required in the performance of this agreement. Upon termination of the agreement for any reasons whatsoever, CONSULTANT shall promptly deliver to CITY all correspondence, drawings, maps, blueprints, manuals, letters, notes, notebooks, reports, flow- charts, programs, proposals, or any other documents concerning his services under this agreement. 9. Hold Harmless. CONSULTANT hereby agrees to, and shall, hold CITY, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claim for damage for personal injury, including death, as well as from CONSULTANT'S operations under this agreement. CONSULTANT agrees to, and shall defend and indemnify CITY and its elective and appointive boards, commissions, officers, agents and employees from any suit or actions at law or in equity for damages caused or alleged to have been caused by reason of CONSULTANT'S performance hereunder including any claims that may arise against CITY by reason of CONSULTANT'S legal relationship with CITY being categorized as other than that of an independent contractor. 10. Acceptance of Final Payment Constitutes Release. The acceptance by CONSULTANT of the final payment made according to the terms of this agreement shall operate and be a release to the CITY, and every employee and agent thereof, from all claims and liabilities to CONSULTANT for anything done or furnished for or relating to the work or services, or for any act or failure to act of the CITY relating to or arising out of work performed under this agreement. 4 I, ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 o o 11. Notices. Any notice required to be given hereunder shall be deemed to have been given by personal service or by depositing said notice in the United states mail, postage prepaid, and addressed as follows: CITY CONSULTANT Director Planning Department 300 North "D" Street San Bernardino, CA 92418 Tom Dodson & Associates 444 N. Arrowhead Avenue San Bernardino, CA 92415 12. Amendments and Entire Agreement. This written contract constitutes the entire agreement between CITY and CONSULTANT and may be modified only by further written agreement between the parties. IN WITNESS WHEREOF, this agreement has been executed by the parties effective as of the date and year first above written. ATTEST: CITY OF SAN BERNARDINO, a Municipal Corporation of the State of California By Evlyn Wilcox, Mayor City Clerk TOM DODSON & ASSOCIATES By 21 Approved as to form and legal content: 22 23 JAMES F. PENMAN, : :<~::~a.A. . 267~ 27 28 5