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CIT,,,. OF SAN BERNARDH ) — REQUE r. T FOR COUNCIL ACT 7N
R. Ann Siracusa Reimbursement Agreement with
From: Director of Planning Subject: Applicant For Review of Lique-
faction and/or Geology Reports
Dept: Planning by City Geologists .
Date: December 16 , 1987 Council Meeting: Jan. 4 , 1988
2 : 00 p.m.
Synopsis of Previous Council action:
None
c
r.-
Recommended motion:
1 . Adopt standard agreement for reimbursement by applicants for the cost of
review of liquefaction and/or geology reports by City geologists ;
2 . Authorize Director of Planning to execute such contracts for reimbursement
on behalf of the City if no changes are made in the contract; and
3 . Direct Planning Department to require execution of the reimbursement agree-
ment by the applicant and to collect a non-refundable fee of $150 for re-
view of a liquefaction report and/or geology report at the time that such
reports are received. Further, direct the Planning Department to suspend
processing of the subject application Lnt-_J the_ . actions are accomplished.
c
ti, '-'Sign'ature R. Ann Siracusa
Contact person: R. Ann Siracusa Phone: Ext. 5357
Supporting data attached: Staff Report Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.) --
(Acct Description)
Finance:
Council Notes:
cs! Anemia Item Nn
CIT`ti OF SAN BERNARDIK - REQUEL FOR COUNCIL ACT )N
STAFF REPORT
Subject : Reimbursement Agreement with Applicants for Cost of
Review of Liquefaction and/or Geology Reports by
City Geologist
Mayor & Common Council Meeting of January 4 , 1988
BACKGROUND
Currently the City requires certain applicants to provide
geology reports and/or liquefaction reports in relation to
processing a development project for a planning permit. .
These reports are sent to one of two geologists , under
contract to the City , to review the adequacy of such reports .
The City has executed contracts for services with Dr . Floyd
Williams and Dr . Tien-Chang Lee .
At present the City requires no up front deposit or payment.
for the services to be provided by the contract geologists .
Therefore, when the geologist performs the service, the City
is billed for the cost of that service and it is paid out of
the Planning Department account for professional services .
After that the applicant is billed for the cost incurred for
the geologists services .
The City sometimes collects the money expended, sometimes
not . Even when the City is reimbursed , there is a
considerable lag time between when the City pays the contract
geologists for their services and the time the money is
collected from the applicant . This presents a cash flow
problem.
Therefore, the Planning Department is proposing that the City
require applicants who must prepare liquefaction and/or
geology reports to sign a reimbursement agreement with the
City and pay a non-refundable deposit at the time the report
is provided and before any further processing is done on the
application. (See Attachment A)
FEE
The deposit fee is based on the average cost to review a
report (see Attachment B) . If the cost exceeds the average,
the applicant will be billed for the difference, consistent
with the agreement . This approach improves the cash flow
situation and prevents the City from spending money on behalf
of an applicant who may or may not reimburse the City.
7,_n 9 r
Subject: Reimbursement Agreement with Applicants for Cost of
Review of Liquefaction and/or Geology Reports by
City Geologist
M & CC Meeting of January 4 , 1988
CONTRACT EXECUTION
In that the agreement is a standard format which will not be
changed, the Planning Department is requesting that the
Director of Planning be authorized to execute the contracts
on behalf of the City without additional review by the City
Attorney' s Office or the Council . This allows the
transaction to take place "over the counter" and does not add
any additional time to the process .
RECOMMENDATION
Staff recommends that the City Council :
1 . Adopt the standard agreement for reimbursement by
applicant for the cost of review of liquefaction
and/or geology reports by the City' s Contract
Geologists.
2 . Authorize the Director of Planning to execute the
reimbursement contract on behalf of the City if no
changes are made in the contract , and
3 . Direct the Planning Department to require execution
of the reimbursement agreement by the applicant and
to collect a non-refundable fee of $150 for review
of a liquefaction report and/or geology report at
the time that such reports are received. Further ,
direct the Planning Department to suspend
processing of the subject application until these
actions are accomplished.
Prepared by: R. Ann Siracusa, Director of Planning
Attachments :
Attachment A - Proposed Contract for Reimbursement
Attachment B - July, August and September 1987 - Charge by
Geologists
csj
12/16/87
DOC:MISC
COUNCILSTAFRPT
Attachment B
July, August , and September 1987 Charges
City Geologists
Project Hours Cost
RP 87-63 1 1/2 $ 90
VAR 87-2 5 300
PW 87-1 1 1/2 90
RP 87-67 3 180
VAR 87-18 4 240
RP 87-55 8 480
RP 86-73 5 .5 330
VAR 87-18 2 120
RP 86-76 4 240
RP 87-66 4 240
CUP 87-47 8 480
CUP 87-43 1 1/2 90
PM 10579 4 1/2 270
RP 87-55 3 180
RP 87-57 4 240
RP 87-60 2 1/2 150
RP 87-62 2 120
VAR 87-18 15 900
RP 87-58 1 1/2 90
RP 87-23 3 180
RP 86-90 2 120
TT 13348 1 1/2 90
RP 87-83 2 120
RP 87-79 2 120
RP 87-51 2 120
RP 87-20 2 1/2 150
GPA 87-1 2 120
RP 87-70 2 120
RP 87-89 2 120
RP 87-73 2 1/2 150
RP 87-74 1 1/2 90
RP 87-72 2 120
RP 85-56 6 1/2 390
CUP 87-35 3 180
LLA 87-12 1 1/2 90
RP 87-53 1 1/2 90
RP 87-54 2 1/2 150
37 Projects 122 .5 Hr . $7 ,350
Average for 3 months $198
Average of 29 projects 4 hours or less $145
csj
12/16/87
DOC:MISC
ATTACHMENTB
i
1 A G R E E M E N T
2 (LIQUEFACTION REPORT/GEOLOGY REPORT)
3 THIS AGREEMENT , entered into this _ day of _____ _ _ ►
4 1987 , by and between the CITY OF SAN BERNARDINO, a municipal
5 corporation (hereinafter referred to as "City" ) , and
6 (hereinafter referred to as "Contractor" ) ,
7 is made with reference to the following:
8 WITNESSETH:
9 1 . The City is a municipal corporation and Charter City,
10 duly organized and validly existing under the laws of the State
11 of California and its Charter , with the power to carry on its
12 business as it is now being conducted under the Statutes of the
13 State of California and the Charter of the City.
14 2 . Contractor seeks approval from the City for which
15 preparation of a report as provided above and as required by the
16 City.
17 3 . The City and Contractor desire to enter into an
18 agreement for reimbursement for review for adequacy of the report
19 by the City's geologist .
?0 NOW, THEREFORE , it is mutually agreed by and between the
21 undersigned parties as follows :
22 1. PREPARATION OF REPORT.
23 The Contractor shall cause to be prepared a Report on the
24 project described in Exhibit "A" and will provide to City eight
25 (8) copies of said report .
26
27
28
1
1 2 . PAYMENT BY CONTRACTOR.
2 In consideration of the City's cost to retain an outside
3 geologist to review such reports , Contractor agrees to reimburse
4 City for all costs and expenses incurred relating to the review
5 of the Report , plus an additional fifteen percent (15%)
6 administrative cost .
7 Contractor agrees to d6pdsit the sum of One Hundred and
8 Fifty Dollars ($150 .00) for services required pursuant to this
g Agreement with the Planning Department upon execution of this
10 Agreement , and prior to further processing of the project
11 described in Exhibit "A" .
12 Inh� eventhP �;ty�G os and PYne=��e
13 re he
14 admi-n+st-r � -� ar.e less than the a , re--
15 shall-b4e no rofun ean t r ac tur-.
16 In the event the City's costs and expenses incurred
17 relating to the review for adequacy of the Report (including the
18 administrative cost) are greater than
19 Contractor shall remit the sum due within thirty (30) days of the
20 receipt of a written invoice .
21 3 . NOTICES..
22 All notices , demands , requests or approvals to be given
23 under this Agreement shall be given in writing and conclusively
24 shall be deemed served when delivered personally or on the second
25 business day after the deposit thereof in the United States Mail ,
26 first class postage prepaid , addressed as hereinafter provided .
27
28
2
1 All notices , demands , requests or approvals from Contractor
2 to City or City to Contractor shall be addressed as follows:
3 City Contractor
4 San Bernardino City Hall
300 North D Street
5 San Bernardino , CA 92418
Attn: Director of Planning
6
4 . INDEPENDENT CONTRACTOR.
Both parties hereto in the performance of this Agreement
8
will be acting in an independent capacity and not as agents ,
9
employees , partners , or joint ventures of one another .
10
Neither the City nor its officers or employees shall have
11
any control over the conduct of Contractor or any of Contractor 's
12
13 employees , except as herein set forth.
5. INTEGRATED CONTRACT.
14
15 This Agreement represents the full and complete
16 understanding of every kind or nature whatsoever between the
17 parties hereto relating to reimbursement of City by Contractor
18 for the cost of review for adequacy of the Report , and all
19 preliminary negotiations and agreements of whatsoever kind of
20 nature concerning reimbursement for the Report are merged herein .
21 No verbal agreement or implied covenant shall be held to vary the
22 provisions hereof . Any modification of this Agreement will be
23 effective only by written execution signed by both City and
24 Contractor .
25 6 . COST OF LITIGATION.
26 If any legal action is necessary to enforce any provision
27 hereof , or for damages by reason of an alleged breach of any
28 provision of this Agreement , the prevailing party shall be
3
1 entitled to receive from the losing party all costs and expenses
2 and such an amount as the court may judge to be reasonable
3 attorneys ' fees .
4 7 . COUNTERPARTS.
5 A waiver by the City of any breach of any term, covenant ,
6 or condition contained herein shall not be deemed to be a waiver
7 of any subsequent breach of the same or any other term, covenant ,
8 or condition contained herein whether of the same or a different
9 character .
10 IN WITNESS WHEREOF , the parties hereto have caused this
11 Agreement to be executed the year and date first above written .
12 CITY OF SAN BERNARDINO,
a municipal corporation
13
14 By _R. Ann Siracusa
15 Director of Planning
16
CONTRACTOR
17
18
19 By ----- —
Title
21 Approved as to form
22 and legal content:
24 'City Attorney
25
26
27
28
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