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HomeMy WebLinkAbout1977-04-05; City Council; Resolution 50291 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1-5 19 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 5029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ASHLEY ECONOMICS, INC. FOR CONSULTING SERVICES TO PROVIDE AN ECONOMIC IMPACT REPORT ON THE CARLSBAD OAKS MASTER PLAN. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Ashley Economics, Inc. for consulting services to provide a land use and public facilities Economic Impact Report on the Carlsbad Oaks Master Plan, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby autho- rized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 5th day of April , 1977 by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Skotnicki , Packard and Councilwoman Cas1 er . NOES: None. ABSENT : None. fit9 ROBERT C. FRAZEE, May& ATTEST: d MARGARET E.- NORA K, GARDINER, Deputy C"iy Clerk ( SEAL) '4 .. d 0 Exhibit B to . 0 Resolution No. 5029 AGREEMENT THIS AGREEMENT is made this 19 - , between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and ASHLEY ECONONICS, INC, hereinafter referred to as CONSULTANT. RECITALS : WHEREAS, the City has entered into an agreeinent with SANTA FE COMPANY, hereinafter called the "Applicant", wherein the City agrees to have prepared a Land Use and Public. Facility Economic Impact Report for the proposed project identified as the Carlsbad Oaks Master Development Plan, which lies on the north side of Palomar Airport Road between El Camino Real and Linda Vista Drive- and more precisely shown on the plat.marked Exhibit "A", attached hereto and made a part hereof; and I WHEREAS, the Consultant has the qualifications to prepare the Economic Impact Report; and T WHEREAS, the Consultant represents that neither he nor any . member of his staff has performed any work on the proposed project-, . 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 4 years last past; and .. .. WHEREAS, it is understood that the Consultant shall be an independent contractor of the City; ' NOW, THEREFORE, in consideration of their mutal and conditions, the parties hereto agree as follows: f .1 - covenants %'. (1) DUTIES OF THE CONSULTANT: Consultant shall prepare a Land Use and Public Facility Economic Impact Report for the subject project in accord with paragraph 2B of Section 21.38.060 of Chapter 21.38 of Title 21 of the Carlsbad Municipal Code. In carrying out this obligation the Consultant's duties shall include the following: (a) The Consultant shall (1) collect all required data; (.. I (2) Make all required analyses; (3) appear and be prepared to answer questions and present testimony .on the Land Use and Public Facility Economic Impact Report at at least one public hearing each before the P1,anning Commission and.the City Council prior to acceptance of the report; (4) make all reports nec- essary to comply with the requirements of this section. Before preparing the final-resort, the Consultant shall submit ten copies of a preliminary report to the Planning Director for staff review. I '(b) Consultant shall prepare a final report in compliance ' T with the Work Program marked Exhibit "B", attached hereto and made a part hereof. to City thirty-five copies plus a reproducible master of the final report to the City. The Consultan-t shall submit . 4 (2) DUTIES OF THE CITY (a) The City will make payment to the Consultant as pro- vided for in this agreement. (b) The City will make available to .the Consultant any document, studies; or other information in its possession related to'the proposed project. .2 . i* (3) (4 1 b e 0 (c) The City will review the Preliminary Report presented . by the Consultant within fourteen working days of it’s receipt and make written comments to the Consultant within this time-period. 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 days before the 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 asseinbled by the Consultant under this agreement shall not be made available to any individual or organization .L by the Consultant without the prior written approval of .. the City. 1 OWNERSHIP, PUBLICATION REPRODUCTION AND USE OF THE REPORT 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 who1.e or in part, any reports, data, or other materials prepared under this . agreement, PAYMENT The Consultant will be paid a maximum of $19,500 dollars for all work necessary to carry out the requirements of I .3 . b, 0 this agreement. Actual payment shall be based on the cost+of the report based on the costs as set forth in Exhibit "B". Charges shall be billed an a monthly basis on or before the 15th day of each calendar month following any month in which Consultant performs services. Invoices . shall contain the following: (1) Each item of direct salary costs showing the number of hours worked by each person for whom a charge is.made, together with the nature of the work performed, (2) each item of direct nonsalary costs, (3) an itemization of any miscellaneous consulting services rendered containing the data set fourth in (1) and (2) above. Invoices which are not disputed in writing by the City and whom are more than 90 days past due shall be subject to interest charges at the rate of seven percent per annum. TIME OF COMPLETION \ Time is of the essence in carrying out the terms of this agreement. Phases 1-111 as desc.ribed in Exhibit "B" shall - be completed in no more than twelve (12) weeks after written authorization by the City to commence work. 4 LIMITS OF THE OBLIGATION The limits of the obligation of the City under this agreement is in the sum of-$19,500 which amount is estimated to be sufficient to compensate the Consultant for all services per- formed hereunder during the terms of this- agreement. In the event at any time it appears to the Consultant that said sum may not be suificient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $19,500 without appropriate .4 - > . ,. d e amendment to this agreement. HOLD HARMLESS The Consultant will idemnify the City against and hold it harmless from all and any cost, expense, or liability for damages on account of injury or death to persons or damage to property resulting from or arising out of or in any way connected with the performance by Consultant of this agreement, including the defense of any action ,I ., arising therefrom. for all costs, expenses and losses incurred by it in con- sequent of any claims, demands and causes of action which Consultant will reimburse the City may be brought against it by'a .person arising out of the performance by Consultant of this agreement. U INDEPENDENT CONTRACTOR 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, and that he will not by . reason hereof, make any .claim, demand, or application to . -* or for any right.or privilege applicable to an officer or employee of the City including, but not limited to, workmen's compensation cqverage, unemployment insurance benefits, social security coverage, unemployment insurance benefits, social security coverage, or retirement membership credit. ASSIGNMENT OF CONTRACT Consultant shall not assign this contract or any part thereof or monies due or to become due thereunder without the prior written consent of the City. r c; (12) SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by Consultant, the Consultant shall be fully responsible to the City for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed . *- , by it. contractual' relationship between any subcontractor of Con- Nothing contained in this contract shall create any sultant and the City. The Consultant shall bind every sub- contractor 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 City. (13) 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 negotiating, making, T accepting or approving any architectural, engineering, inspection, , . construction, or material supply contract or any subcontrac-t in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part theredf. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly in- terested personally in thi; contract'or any .part thereof. f . . (14) VERBAL AGREEMENT OR CONVERSATION .6 c .... .. . ... d 0 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 con- tained, nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terns of this contract. IN WITNESS WHEREOF, the parties hereto have executed this agree- ment on the day and year first above written. ATTEST: MARGARET E. NORA K. GARDINER, Deputy City Clerk CITY OF CARLSBAD, a Municipal Corporation of the State of California BY .@-.cg+ ROBERT C. FRAZEE, Blgyor f T. ASHLEY ECONOMIC SERVICES, INC. /- ., APPROVED AS TO FORM: v City Attorney .7 I