Loading...
HomeMy WebLinkAbout1980-05-06; City Council; Resolution 61713 1 2 3 4 5 6 7 E s 1C 13 1: 1: 11 1; 11 1' 1 1 2 2 2 2 2 2 2 2 2 RESOLUTION NO. 6171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE PLANNING PRACTICE FOR CONSULTING SERVICES INVOLVING THE MORITORING AND PROCESSING OF AN AMENDMENT TO THE LA COSTA MASTER PLAN. The City Council of the City of Carlsbad, California, does ereby resolve as follows: 1. That certain agreement between the City of Carlsbad .nd The Planning Practice for monitoring and processing an imendment to the La Costa Master Plan, attached hereto and marked :xhibit "A", and incorporated herein by reference, is hereby ipproved. 2. That the Mayor of the City of Carlsbad is hereby Luthorized and directed to execute said agreement for and on 2ehalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the 2ity Council of the City of Carlsbad held on the May I 1980, by the following vote, to wit: AYES : NOES: None 6th day of Councilmen Packard, Anear, Lewis , Councilwomen Cas1 er and Kul chin ABSENT : None CITY OF CARLSBAD ATTEST : V CITY OF CARLSBAD To 9 c.t!Lb- A. M. P. M. - _.. 1- 0, AGREEMENT . THIS AGREEMENT is made this pkh day of mfi f ,^ 1980, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and The Planning Practice hereinafter referred to as CONSULTPJIT. RECITALS WHEREAS, City has agreed with Applicant to hire Consul- tant; and WHEREAS, Consultant has the qualifications to monitor and process the La Costa Master Plan amendment, and WHEREAS, the Consultant represents that neither he nor any member of his staff has performed any work on the pro- posed project for the Applicant and has no understanding with the Applicant or any expectation of working for the Applicant in the future on said project and has not been employed by the Applicant upon any project within two years last past; and WHEREAS, the Consultant shall be an independent con- tractor of the City; NOW, THEREFORE, in consideration of their mutual coven- ants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT: Consultant shall monitor and help process the amendment to the La Costa Exhibit "A" to Resolution 0 0 Master Plan as directed by the Planning Director. All consultant findings will be communicated to the City planning staff and not directly to the Applicant. The Consultant will ensure that the amendment to the Master _- Plan complies with state law and goals, ordinances and policies as established by the City of Carlsbad. carrying out this obligation the Consultant's duties shall include the following: (a) In The Consultant shall begin review of the Master Plan Amendment within one (1) week of contract execution. Consultant shall review the materials submitted by the Applicant and prepare a preliminary analysis of their compliance with applicable state and local law, and city ordinances and policies within 3 weeks (b) of contract execution. Consultant shall meet with the Planning Director (c) or his designated staff on a weekly basis or as required by the Planning Director after execution of the contract. The Consultant shall meet with the various city (d) departments to ensure that said Master Plan Amendment complies fully with city po,licy. Based on the materials presented by the applicant, city staff input, and city ordinances and policies, the Consultant shall draft a final report on the La Costa Master Plan Amendment which will 1) describe any portions of the Master (e) 2- 0' e Plan Amendment which in the opinion of the Consultant do not comply with city ordinances or policies or good planning; 2) give specific reasons for these opinions of non-compliance; and 3) give specific language changes which in the opinion of the Consultant will make said Amendment comply with city ordinances, policies and good planning. major issues involved in approving said Amendment. Report will also describe the (f) The.Consultant shall be responsible for analyzing the Economic Impact Report which is a part of the Master Plan Amendment. Consultant shall attend both the Planning Commis- (4) sicn and City Council public hearings on the La Costa Master Plan Arrendment (maximum of four (4) pubiic hearings) and shall provide input or answer questions if necessary. The Consultant shall prepare the final Master Plan Amendment after approval by the City Council. The Consultant shall meet the time lines outlined in Section 7 of this agreement. The Consultant shall file a conflict of interest statement with the City Clerk's Office (Categories A, C, & E). (h) (i) (j) -3- .- (2) DUTIES OF THE CITY - (a) The City will make payment to the Consultant as provided for in this agreement. The City will make available to the Consul- tant any document, studies, or other infor- mation in its possession related to the .- (b) proposed project. The City will review the Consultant's com- ments on the preliminary analyses of the pro- posed Master Plan Anendment and Economic Impact (c) Report and will respond in writing to the Con- sultant within two (2) weeks of their receipt. The City shall provide the Consultant with copies of all written communication between the Applicant and the City, and other parties and the City concerning the proposed Master (d) Plan Amendment. City staff will meet with the Consultant on a weekly basis or as directed by the Planning Director. (e) (3) TERMINATION OF AGREEMENT The City may terminate this Agreement at any time by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the -4- effective date of such termination. In that event, all finished or unfinished documents and other materials prepared pursuant to this Agreement shall, at the option of the City, become - its property. RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assembled by the Consultant under this Agree- ment are property of the City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIAL All documents and materials prepared pursuant to this Agreement are the property of the City. The City shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Agreement. PAYMENT The Consultant will be paid on a time and material basis at the following rate: (a) Time (including telephone calls and travel time) will be compen- sated for a rate of $50.00 per hour, (b) Materials will be compensated at cost plus 10% as outlined in the Consultant proposal attached as Exhibit “I-”. -5- The Consultant shall be paid an initial retainer of $2,000.00 (to be credited to initial billings) at the time of contract execution. Additional , costs will be paid within fifteen (15) days after receipt of the Consultant's invoice submitted on a monthly basis. Consultant Services is not to exceed $10,000.00. If further costs are to be incurred by Consultant Consultant will first provide the City with estimate of costs. by city upon receipt of funds for such costs as provided by the Applicant. The total cost of the above Payment will only be authorized (7) TIME OF COMPLETION Time is of the essence in carrying out the terms of this Agreement, responsible for meeting the following completion The consultant shall be periods : (a) A preliminary analysis of the Master Plan Amendment text and related environmental information will be submitted to the Planning Director within three (3) weeks of contract execution, A preliminary analysis of the Economic Impact Report shall be completed within two (2) weeks of the Consultant's receipt of such report. (b) \ -6- (c) Coordination of city departmental review, final analysis of the full Master Plan Package as submitted by the Applicant and a final staff report will be completed within thirty (30) days of the Consultant's receipt of the city's comments on the preliminary analyses for both the Master Plan text and the Economic Impact Report. The Consultant will be allowed additional days as are necessary to compensate for days lost due to City or* Applicant actions or interactions which affect the Consultant's progress such as changes in the Master Plan or a failure on the part of City staff to communicate information to Consultant. '1 (8) LIMITS OF THE OBLIGATION The limits of the obligation- of the City under this Agreement is in the sum of $10,000.00 which amount is estimated to be sufficient to compensate the Consultant for all services performed and during the term of this Agreement. In the event it appears to the Consultant that said sum may not be sufficient, he shall immediately so notify the Planning Director. Consultant will not perform any work or incur any obligation beyond the sum of $10,000.00 without an appropriate amendment to this Agreement. (9) HOLD HARMLESS The Consultant will. indemnify the city against and hold it harmless from all and any cost, expense, -7- ir or liability for damages on account of injury or death to persons or damage to'property resulting from or arising out of or in connected with the performance by Consultant of this Agreement, including the defense of any action arising therefrom. Consultant will reimburse the City for all costs, expenses and losses incurred by it in consequent of any claims, demands and causFs of action which may be brought against it a person arising out of the performance Consultant of this Agreement. (10) MAINTAIN INSURANCE Consultant shall, at all times that this Agree- ment is in effect, cause to be maintained in force and effect, an insurance policy or policies which will insure and indemnify both City and Consultant against liability or financial loss resulting from injuries occurring to persons or property in or about the premises or occurring as a result of any acts or activity of consultant. The liability under such insurance palicy shall be not less than $100,000 for any one person injured or $300,000 for any one accident and $50,000 for property damage. The policy shall be written by a responsible company or companies to be approved by City, and shall be noncancelable except on ten -8- ... . i days' written notice to City. name City as co-insured and a copy of such policy Such policy shall _- shall be filed with the Planning Department. (11) INDEPENDENT COETRACTOR Consultant in accordance with his status as an independent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee of the City by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an Officer or employee of the CLty including, but not limited to, workmen's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership credit. (12) ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part thereof or any monies due or to become due thereunder without the prior written consent of the City. (13) SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by Con- . sultant, the Consultant shall be fully responsible to the City for the acts and omissions of its sub- contractor and of the persons either directly or -9- e indirectly employed by its subcontractor, as it is for the acts.and omissions of persons directly employed by it. shall create any contractual relationship between any subcontractor or Consultant and the City. Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the Nothing contained in this contract The City. (14) PROHIBITED INTEREST No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in nego- tiating, makeing, accepting or approving any architectural, engineering, inspection, construc- tion, or material supply contract or any subcon- tract in connection with the construction of the project, shall become directly or indirectly interested in this contract or in any part thereof. NO officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory or other similar functions in connection with the per- formance of this contract shall become directly or indirectly interested in this contract or any part thereof. -10- . .. .- - . __ . . ... . ,.rl .. La . . ___. . . . . .-... A ... .. . .I-_ .-. .. 0 e (15) VERBAL AGREEMENT OF CONVERSATION No verbal agreement or conversation with any officer, agent or employee of the City, either before! during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of the State of California ATTEST : Principal APPROVED AS TO FORM: DANIEL S. HENTSCHKE Assistant City Attorney , -' .. L I. . .. .. .. .. .. .. ,,. . .. .. . .- .. .. The Planning Practice is pleased to submit this proposal for planning services associated with the processing of a mjor amendment to the La Costa Plaster Plan. ment, our initial. discussions, and my understanding of the project. DUTIES OF CONSUifTANT Per the request for proposal, the Planning Practice will be responsible for the following tasks: The proposal is based upon your request for proposal and draft agree- 1. The consultant shall gin review of the lkster Plan Amendment within two (2) weeks of contract execution. The consultant shall review the materials submitted by the applicant and analyze their compliance with applicable-state and local law, and city ordinances and policies. - The consultant shall meet with the Planning Director or his desig- nated staff on a weekly basis or more frequently if required by the Planning Director after execution of the contract. The consultant shall meet with the varrious city depastments to ensure 2. 3. . that said Master Plm Amendment complies fully with city policy. .. 5. Based on the materials presented by the applicant, city staff input, and city ordinances and policies, the consultant shall draft a staff report for the Planning Commission and City Council including a discussion or" the major issues and a recommendation. The consultant shall be responsible for analyzing the Economic Impact Report xhich is a part of the Master Plan Amendment. The consultant shall attend both the Planning Commission and City Council public heaxings on the La Costa Master Plan Amendment (maxi- 'mum oj? four public hearings) and shall provide input or answer questions if necessary. The consultant shall prepare the final Master Plan Amendment after approval by the City Council. 6. 7. 8. I - - -4 t- La costa Proposal Page 2 April 4, 1980 1. ROLF: OF THE CONSULTAHT In all of the above described tasks, the Planning Practice will perform as a representative of the City, under the direction of the City Planning Director. At no time during the performance of these tasks will the consultant knowingly . perform any work for payment for anyone with a financial interest in any or all of the seal property to be included within the proposed Plaster Plan Amend- - . ment . . DUTIES OF THE CrTy During the above described tasks to be performed by the consultant, the City shall provide the following: 1. The City will make available to the consultant .my document, studies, . or other information in its possession related to the proposed project. The City shall provide the consultant with copies of all written communication between the applicant and the City, and other parties and the City concerning the proposed Piaster Plan Amendment. City staff will meet with the consultant on a weekly basis or as directed by the Planning Director. reasonable access to the various staff members during the consul- . tant's preliminary analysis of the proposed Master Plan Amendment. The City will review the consultant's preliminasy analyses of the proposed Master Plan Amendment and Economic Impact Report and respond in writing to the consultant within two (2) weeks of t 2. 3. The City shall also assure 4. .TIME SCHEDULE The Planning Practice shall be responsible for meeting the following time schedule: 1 1. A preliminary malysis of the Master Plan Amendment text and related environmental information will be submitted to the Planning Director within three (3) weeks of the consultant's receipt of such text. 2. A preliminay zmalysis of the Economic Impact Report shall be completed within two (2) weeks of the consultant's receipt of such report. combined time to complete this analysis and the analysis outlined in #1 above shall not exceed five (5) weeks total. The 3. Coordination of City departmental review, final analysis of the full Master Plan package as submitted by the applicant, and a final sWf report will be completed within thirty (30) days of the consultant's receipt of the City's comments on the preliminary analyses. e .. ,- c La Costa Proposal April 4, 1980 Page 3 RE1L"ERATION The Planning Practice shall perform the above described tasks on a time and materials basis at the following rates: 1. Time (includes normal overhead such as telephone calls and mileage) at $50.09 per hour. - 2. Materials (includes extraordinary expenses such as out-of-area travel and printing) at actual costs plus 1%. An initial retainer of $2,000.00 would be payable concurrent with signing of the contract. The remaining billings will be paid within fifteen (15) days after receipt of An invoice to be submitted on a monthly basis. This retainer will be credited to initial billings. The total cost for the above described tasks is estimated at $10,000.00. This is a maximum amount and will not be exceeded without prior approval. STATEMETTT OF OFFER AND STGX.4TURE