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HomeMy WebLinkAboutS10-Planning , ". "J1T [' j , "".~' 'I~' '.11 I lHlIIJ'" lIIJII. J m .em OF SAN 8I!R~RDlNO - R.QUIIST ~ COUNCIL ACTION " -,.... Larry E. Reed, Director of From: Planning and Building and Safety Subject: Dept: Planning DIte: November l4, 1989 Contractual Services Resolution - Expeditious Review services Mayor and Council Meeting of November 20, 1989, 2:00p.m. Synopsis of Previous Council action: No Previous Council Action. m ::0 fT1 <0 ~ ~- CI c;."> <: I ,. ,r, . 0 X :t;.- - ~ ::: -:-,I 0 ." .- :" "., Racommended motion: Adopt resolution. , .~ I \./' l.d/J . , J/ - r~~ Signature Larry E. Reed .~ f: I l r I Contact person: Larry E. Reed Phone: 384-5057 Supporting dlte attached: Staff Report and Resolution Wa~: City-Wide FUNDING REQUIREMENTS: Amount: (Acct. DescriDtionl 00 I ,j 2- ;-~ ~5""D ~; "..).).. +-0 {('O~ Finance:~ ~ Source: (Acct. No.1 Council Notes: 7$-0262 Agenda Item No S -/0 '.., .~~,~_" ",..L ,-,.~.,,,,.~t ,l,lJJ.;J..:..,."j,.~L Jr[.,l.!l(;J,~,,, ."""JIU"._k.".LL .U._.J!Jll,.~.. ,J... .~ ,CITY OF SAN Bl!R~DlNO - REQUEST r.JR COUNCIL ACTION STAFF REPORT RESOLUTION FOR CONTRACTUAL SERVICES FOR EXPEDITIIOUS REVIEW SERVICES MAYOR AND COUNCIL MEETING OF NOVEMBER 20, 1989 REOUEST The Department of Planning & Building is requesting Council to adopt a resolution allowing staff to use a private consulting firm for purpose of reviewing development plans for compliance with the city's Development Resolution administrated by Planning and Building. BACKGROUND t 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. RECOMMENDATION Staff recommendation is to authorize the Mayor to execute an agreement with J.F. Davidson Associates, Inc. for purpose of providing expeditious review services. f . ; M&CCAGENDA: EXPEDITIOUS Attachment A: Resolution for Contractual Services with J. F. Davidson Associates, Inc. 75.0264 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 J.F. DAVIDSON ASSOCIATES, INC. FOR EXPENDITIOUS 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 J.F. Davidson Associates, Inc., for expeditious 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 / / / / / / / / / / / / HE/dys November 15, 1989 1 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...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH J.F. DAVIDSON ASSOCIATES, INC. FOR EXPENDITIOUS 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 BY(f- --; f,,~ HE/dys November 15, 1989 2 . 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 j o o AGREEMENT (Expeditious Review Services) THIS AGREEMENT is made and entered into this day of , 1989, by and between the CITY OF SAN'BERNARDINO, a municipal corporation, located in the County of San Bernardino, State of California, hereinafter referred to as "City", and J.F. Davidson Associates, Inc., a California corporation with principal offices at 3880 Lemon Street, Suite 300, P. O. Box 493, Riverside, California 92502, hereinafter referred to as "Consultant". WITNESSETH 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 rights, duties, obligations and liabilities with respect to the HE/dys November l3, 1989 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 o o work, project or activity contemplated herein and services to be performed by Consultant thereunder. NOW, THEREFORE, in consideration of the mutual promises of 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 hereinafter set forth: 1. EXPEDITIOUS REVIEW SERVICES. Consultant shall, upon request of the City Planning Director, review plans and applications for development permits and subdivision maps for compliance with the City's development regulations falling within the purview of the Planning 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. 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. 22 23 24 25 26 27 28 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. Consul tant shall be compensated inn.an amount equal to HE/dys November 13, 1989 2 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 I o o SIXTY DOLLARS ($60.00) per hour of actual time spent reviewing projects submitted for expeditious review. B. Consultant shall invoice City monthly for services rendered on a per project basis and City shall pay Consultant upon determining adequate deposit of monies with the City for such expeditious review by the applicant. 4. TBRMINATION. 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 to the date of such termination. Consultant further covenants to 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. WARRAN'l'Y. Consultant expressly warrants that its work will be performed with care, skill, reasonable expedience, and faithfulness and that work performed shall be fit and proper for its intended use. 6. INDEMNIFICATION. Consul tant agrees to indemnify, defend, and hold harmless HE/dys November 13, 1989 3 j 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 ~ J,. ~ o o City, its agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damages arising from or connected 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 covering 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. 8. 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 HE/dys November 13, 1989 4 o o 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, lease 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. Consultant 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 PARTIBS. 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 HE/dys 5 November 13, 1989 j 1 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 1 , ;! o o 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 and 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 by written recommendations of either party subject to the concurrence of the other party in writing. 11. CONFLIC'l' 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 foresee ably 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 he shall not enter into any contract for work to be performed within the City of San Bernardino with private parties during the term of this HE/dys November 13, 1989 6 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1!1 o o agreement. d. Consultant agrees that he shall comply with all other applicable conflict of interest laws, including local, state, federal, and common law. 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. CONSULTANT TO ABIDE BY LAWS. Consultant 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 18 Agreement shall be given in writing, and sent by certified mail, 19 return receipt requested, addressed as follows: l 20 21 22 23 24 25 26 27 28 ~ Consultant 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 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. HE/dys November 13, 1989 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 2 3 4 5 6 16. BN'l'IRB AGRBBMBNT. This contract constitutes the entire Agreement between City and Consultant and may be modified only by further written agreement between the parties. 17. IMPLEMENTATION . The City shall provide Consultant with written notice in 7 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 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / HE/dys November 13, 1989 8 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 I o o AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND J.F. DAVIDSON ASSOCIATES, INC. FOR EXPEDITIOUS REVIEW SERVICES. Agreement, the day, month and year first above written. ATTEST: CITY OF SAN BERNARDINO City Clerk W.R. HOLCOMB, Mayor J.F. DAVIDSON ASSOCIATES, INC. By: Approved as to form and legal content: James F. Penman, City Attorney By: L 1- Ie--:.... o HE/dys November 13, 1989 9