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HomeMy WebLinkAbout02-Public Works i.... , :) : ) 1 RESOLUTION NO, 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SMITH, PERONI & FOX RELATING TO CONSULTING SERVICES FOR THE CITY'S GENERAL PLAN. 3 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 Agreement with Smith, Peroni & Fox relating to consulting 9 services for the City's General Plan, a copy of which is attached 10 hereto, marked Exhibit -A- and incorporated herein by reference as 11 fully as though set forth at length, 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 15 Bernardino at a meeting thereof, held on day of , 1987, by the following vote, the 16 to wit: 17 AYES: Council Members 18 19 20 21 22 23 24 NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day , 1987, of 25 26 Mayor of the City of San Bernardino Approved as to form: 27 /~S2 City Attorney 28 A 1..../P.'7 ~ I..... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 c' :) :) A G R E E MEN T - - -- (General Plan Consultant) THIS AGREEMENT is made and entered into this day of , 1987, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "City", and SMITH, PERONI & FOX, Planning Consultants, Inc., hereinafter referred to as "Consultant". 1. Recitals. A. Consultant represents that it possesses all professional qualifications necessary to render the services to the City set forth herein, and City enters into this agreement in reliance upon Consultant's express representations in regard thereto. B, City desires to retain Consultant to develop a complete set of interim development policies and standards under which the City may operate while the general plan is being prepared, as more fully outlined in Consultant's letter dated March 20, 1987, a copy of which is attached hereto and marked Exhibit "1". 2. Scope of Services. A. Consultant shall develop a'complete set of interim development policies and standards in accordance with Office of Planning and Research requirements under which the City may operate while the general plan is being prepared. B. Consultant shall work with the attorney retained by the City in processing an application for a time extension with the State Office of Planning and Research. 3. personnel. Consultant represents that it has, or will 4/3/87 C 1 2 3 of 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 rJ 21 ",.....,. '"-' o :) secure at its own expense, all personnel required to perform the services by Consultant called for under this agreement. Consultant shall at all times be and remain an independent contractor, and such personnel as may be employed by Consultant shall not be employees or agents of City for any purpose. 4. Time of Performance. Services of Consultant are to commence as soon as practicable after the execution of this agreement, and shall continue until all services required by City are completed. 5. Compensation. City shall pay to Consultant a total sum of not to exceed TWENTY THOUSAND DOLLARS ($20,000). Consultant shall bill City every tWO weeks pursuant to the fee schedule attached hereto and marked Exhibit -2-. 6. Assignability. The experience, skill and expertise of consultant is of the essence of this agreement, Consultant shall not assign (whether by assignment or novation) this agreement or delegate the duties or any right or interest hereunder in whole or in part without the prior written consent of City. Any assignment or attempt to assign this agreement without such prior written consent or by operation of law shall be void and shall constitute cause for termination. and specifying the effective date thereof at least thirty (30) / / / / / / / / / / 4/3/87 -2- , '-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 ""'-' days before the effective date of """'" ....,.I such In such termination. event, all finished and unfinished documents and other materials shall, at the option of City, become its property. If the agreement is terminated by City, Consultant will be entitled to be paid all compensation for work performed to the date of , , I termination. 8. Amendments. Should City require changes in the scope of the services of Consultant to be performed hereunder, such changes, including any corresponding increase or decrease in the amount of Consultant's compensation which shall be mutually agreed upon by City and Consultant, shall be incorporated in this agreement only by written amendments hereto. 9, Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City Consultant Planning Director City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Smith, Peroni & Fox 980 East Tahquitz Way, Palm Springs, CA 92262 Sui te C 10. Hold Harmless. Consultant shall hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may result from Consultant's professional errors or omissions. Consultant shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused by Consultant's 4/3/87 -3- I ".... 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 21 .~ '-' professional errors or omissions, :) .:) 11. Workers' Compensation. Consultant's employees shall be covered by workers' compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California and which specifically covers all persons providing services on behalf of Consultant and all risks to such persons under this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF SAN BERNARDINO ATTEST: By Mayor City Clerk SMITH, PERONI & FOX Planning Consultants, Inc. By Its Approved as to form: ~Jy-J:g C1ty torney 4/3/87 -4- C Smith, Peroni & Cox PLANNING CONSULTANTS, INC. ,........, ,...,; :J March 20, 1987 Vincent A. Bautista Principal Planner 300 North liD" Street San Bernardino, CA 92418 Dear Vince. It was a pleasure talking with you about the city's current problem regarding it's general plan. As I indicated I would be available to work with you and other city personnel to develop over the next few weeks the necessary material needed for the court process and state office of planning and research. It is my understanding that the immediate need is to develop a complete set of interim development policies and standards under which the city may operate while the general plan is being prepared and that this be accomplished in accordance with CEQA requirements. We would work with an attorney retained by the city with expertise in this matter. In addition if desired we could assist in preparation of an RFP and getting the general plan process started. It would appear to me that, for the court purpose it would be important to not only have interim policies and standards but a work program (schedule) available and an indication that the General Plan process is underway. As I indicated. due to the fact that there is no RFP for us to respond to, the uncertainty of the task and short time period we would work on a time and reimbursable basis with a not to exceed amount of $20,000. We will bill the city every two (2) weeks. If this is acceptable please let us know and we win commence working on this immediately. Sincerely ~. :ERONI . FOX <<~. Richard XS~ith President RJS/kf enclosure 980 E. Tahquitz Way, Sun. c, Palm Springs. CalWomla 92262 Telephone (619) 322-0900 ~I C Smith, Peroni & OOX PLANNING CONSULTANTS, INC. ,"'"" .....,J .,.,-"" ) ...., FEE SCHEDULE STAFF MEMBER HOURLY RATE PRINCIPALS 75.00 RESEARCH PLANNER RESEARCH PLANNING ASSISTANT DRAFTSMAN WORD PROCESSING 50.00 40.00 30.00 25.00 REIMBtlRSABLE EXPENSES Travel Expense (mileage rate for authorized travel) .26 @ mile Plane and train (at cost) Printing. telephone, reproduction of drawings at cost plus 10% Copying (lOt fl copy) 980 E. Tahqultz Way. Sun. c. Palm Springs, CalWomla 92262 Telephone (619) 322-0900 ~ :2..