Resolution No. 6758
1 RESOLUTION NO. 6758
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
3 OF A CONSULTING SERVICES AGREEMENT FOR 1996
GENERAL PLAN HOUSING ELEMENT BETWEEN THE CITY
4 OF VERNON AND COTTON/BELAND/ASSOCIATES, INC.
5 WHEREAS, the City Council by Resolution No. 5609 on April
6 18, 1989, adopted the General Plan for the City of Vernon, including
7 the housing element; and
8 WHEREAS, the city Council by Resolution No. 6109 on June
9 16, 1992, amended the General Plan and housing element; and
10 WHEREAS, Government Code Section 65585 requires the City
11 of Vernon to review its General Plan housing element by June 30,
12 1996; and
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WHEREAS, Cotton/Beland/Associates, Inc. provided the
14 consulting services to the City of Vernon for the General Plan and
15 its amendment and is experienced and qualified to provide technical
16 assistance in reviewing the General Plan housing element and to make
17 recommendations thereon; and
18 WHEREAS, the City of Vernon and cotton/Beland/Associates,
19 Inc. desire to enter into an agreement whereby cotton/Beland/
20 Associates, Inc. will provide such services.
21 NOW, THEREfORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
22 CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
24 finds and determines that the recitals contained hereinabove are
25 true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
27 approves the Consulting Services Agreement for 1996 General Plan
28 Housing Element, a copy of which has been presented to the City
1 Council concurrently with this resolution, and the City Council
2 hereby orders said Agreement to be received and filed by the City
3 Clerk.
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SECTION 3: The City Council of the City of Vernon hereby
5 authorizes the Mayor and the City Clerk to execute said Agreement
6 for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the city of Vernon shall
8 certify to the passage of this resolution, and thereupon and
9 thereafter the same shall be in full force and effect.
10 APPROVED AND ADOPTED this 5th day of March, 1996.
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ATd
BRUCE V.
/. :c:::,p?U.~.(!/~
"",.;.r LEONI S C. MA
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MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
4 do hereby certify that the foregoing Resolution, being Resolution
5 No. 6758, was duly adopted by the City Council of the City of Vernon
6 at a regular meeting of the City Council duly held on Tuesday,
7 March 5, 1996, and thereafter was duly signed by the Mayor of the
8 City of Vernon.
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BRUCE V. MALKENHORST,City Clerk
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(SEAL)
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EXECUTION COPY
CONSULTING SERVICES AGREEMENT
FOR 1996 GENERAL PLAN HOUSING ELEMENT
THIS AGREEMENT is made and entered into as of this '- -::5~
day of ~~, 1996,
BY AND BETWEEN
CITY OF VERNON, a municipal
corporation (hereinafter
referred to as "CITY")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
AND
COTTON/BELAND/ASSOCIATES, INC.
(hereinafter referred to as
"CBA")
747 E. Green Street, #400
Pasadena, CA 91101-2119
RECITALS:
WHEREAS, CITY desires to retain CBA to provide assistance
and consultation in reviewing the housing element of the City of
Vernon General Plan and to make recommendations; and
WHEREAS, CBA is well qualified by reason of education and
experience to perform such services; and
WHEREAS, CBA is willing to render such professional
services as hereinafter defined.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
COVENANTS AND CONDITIONS HEREIN CONTAINED, CITY hereby engages
CBA, and CBA agrees to provide professional assistance and
consultation as hereinafter set forth.
SECTION 1. DEFINITIONS.
The following definitions shall apply except where the
terms of this Agreement otherwise require:
1.1 "Scope of Work": Professional services to be
performed by CBA as described in Exhibit A, which is attached
hereto and made a part hereof by reference.
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1.2 "Project": The review of the housing element of the
City of Vernon General Plan.
SECTION 2. OBLIGATIONS OF CBA.
2.1 CBA will provide professional assistance and
consultation with regard to the Project consistent with the
Government Code of the State of California in accordance with the
Scope of Work.
2.2 CBA will perform the Scope of Work at a fee not
to exceed Fifteen Thousand Dollars ($15,000.00).
2.3 CBA may secure such other persons as, in the
opinion of CBA, are needed to comply with the terms of this
Agreement. If such persons are retained by CBA, such persons
shall be fully qualified to perform such services and shall be
employees of CBA and not of CITY.
2.4 Invoices for services shall be submitted by CBA
in accordance with the Standard Fee Schedule attached hereto as
Exhibit B and made a part hereof by reference.
SECTION 3. OBLIGATIONS OF CITY.
3.1 CITY will pay CBA in accordance with the Standard
Fee Schedule and the invoices submitted by CBA on a monthly basis.
CITY agrees that, if an aspect of the invoice, including amount,
percentage completion or supporting documentation is disputed,
CITY will notify CBA in writing within ten (10) days of receipt of
the invoice. If the invoice is not contested, the invoice shall
be paid within thirty (30) days of the date of the invoice.
SECTION 4. OWNERSHIP OF DOCUMENTS.
All documents, data, studies, surveys, drawings, maps
models, photographs and reports prepared by CBA under this
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Agreement shall be considered the property of CITY upon payment
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for services performed by CBA. Said documents and materials shall
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be delivered to CITY by CBA as they are generated; however, CBA
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may take and retain copies of said documents and materials as
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desired.
SECTION 5. TERMINATION.
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This Agreement may be terminated by either party upon the
giving of a written "Notice of Termination" to the other party at
least fifteen (15) days prior to the termination date specified in
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shall be paid in full value of services rendered, based upon the
percentage of completion of CBA's work on the date of termination.
SECTION 6. NOTICES.
Any and all notices, demands, invoices, and written
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communications between the parties shall be addressed to the
parties as follows:
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TO CITY:
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Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90085
TO CBA:
Donald A. Cotton, AICP
Cotton/Beland/Associates, Inc.
747 E. Green Street, suite 400
Pasadena, CA 91101-2119
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Any such notices, demands, invoices and written
communications shall be (i) hand delivered, (ii) sent by telecopy
and mail, or (iii) sent by mail.
Mail shall be conclusively
deemed to have been received by the addressee five (5) days after
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the deposit thereof in the united states Mail, postage prepaid and
properly addressed as noted above.
SECTION 7. ENTIRE AGREEMENT.
This Agreement supersedes any and all other agreements,
either oral or in writing, between the parties with respect to the
subject matter herein. Each party to this Agreement acknowledges
that no representations by any party which are not embodied herein
and that no other agreement, statement or promise not contained in
this Agreement shall be valid and binding. Any modification of
this Agreement will be effective only if it is in writing signed
by the parties.
SECTION 8. SAVINGS CLAUSE.
If any provision of this Agreement is found to be
invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force and effect without being
impaired or invalidated in any way.
SECTION 9. GOVERNING LAW.
This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
SECTION 10. ATTORNEY'S FEES.
In the event that legal action is necessary to enforce
the provisions of the Agreement, the prevailing party in said
legal action shall be entitled to recover attorney's fees from the
opposing party in any amount determined by the Court to be
reasonable.
SECTION 11. INSURANCE.
CBA shall provide insurance in the amounts and forms
specified in Exhibit C, which is attached hereto and made a part
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hereof by reference. CBA shall not commence performance of its
services under this Agreement until the above insurance has been
obtained and proof of insurance has been filed with and approved
by CITY.
SECTION 12. ASSIGNMENT PROHIBITED. No party to this
Agreement may assign any right or obligation pursuant to this
Agreement except with the express written consent of the other
party. Any other attempted or purported assignment of any right
or obligation pursuant to this Agreement shall be void and of no
effect.
SECTION 13: HOLD HARMLESS.
CBA shall indemnify, hold harmless, and defend CITY, its
Council, servants, boards and commissions, and their officers,
agents and employees from and against any and all claims and
losses, costs or expenses for any damage due to death or injury to
any person and injury to any property resulting from any act or
omission of CBA or any of its officers, employees, servants,
agents or subcontractors in the performance of this Agreement.
Such cost and expense shall include reasonable attorney fees. CBA
shall further indemnify and hold harmless CITY, its Council,
servants, boards and commissions, and their officers, agents and
employees from and against any damages, liability, loss, cost or
expense which arise out of CBA's willful misconduct or negligent
performance of the work under this Agreement, provided that such
liability, loss, cost or expense is caused by the act or omission
of CBA, or any of its officers, employees, servants, agents or
subcontractors in performance of this Agreement.
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CBA's obligation for such indemnity and hold harmless
shall not include any obligation to defend CITY, its council,
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servants, boards and commissions, and their officers, agents and
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employees from and against any action or claim brought by any
person, but CBA's obligation to indemnify shall include reasonable
attorney fees if CBA is found to have engaged in willful
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misconduct or to have been negligent in performance of work under
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this Agreement.
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SECTION 14: . SIGNATURE CLAUSE.
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Each signatory hereto represents that it has been
authorized to enter into this Agreement by the Party for which it
signs.
EXECUTED this
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day of ~~, 1996.
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CITY OF VERNON
By~ '
~ ONIS C. MALB . , May
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BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By: D~~ B~w'a~ttorney
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COTTON/BELAND/ASSOCIATES,
By: IN#daL
DONALD A. COTTON, President
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EXHIBIT A
1. SCOPE OF WORK
TASK 1.0 LEGAL REQUIREMENTS.
CBA has reviewed the status of California law with respect
to the Project in its letter of January 15, 1996. CBA will
perform this Scope of Work in accordance with said legal
requirements and will notify CITY of any changes in the law.
TASK 2.0 REVIEW AND RECOMMENDATIONS.
CBA will review the housing element for compliance with
applicable California law and will make recommendations with
regard to whether changes are necessary to the housing element
and the reasons therefor.
TASK 3.0 AMENDMENT.
If determined by the Director of Community Services that an
amendment to the General Plan housing element is necessary, CBA
will draft a suitable amendment for review by the City Attorney.
TASK 4.0 ENVIRONMENTAL ASSESSMENT.
In conjunction with performing this Scope of Work, CBA will
consult with the Director of Community Services with respect to
the environmental assessment, including whether an initial study,
a negative declaration, a supplemental environmental impact
report, or an environmental impact report is required, and what
form it should take. If any such documents are required as
determined by the Director of Community Services, preparation of
such documents shall not be part of this Scope of Work, but shall
only be prepared by CBA pursuant to a written amendment to this
Agreement and at a fee to "be agreed upon.
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EXHIBIT A
EXHIBIT B
STANDARD FEE SCHEDULE
COTTON/BELAND/ASSOCIATES, INC.
For services provided where reimbursement is to be on an hourly
basis, the following rates are used:
Senior Principal
$105.00 - $120.00
per hour
Principal
$100.00 per hour
Senior Associate, Principal
Planner, Environmentalist
$ 80.00 - $110.00
per hour
Planner, Environmentalist
$ 60.00 - $80.00
per hour
Assistant Planner,
Environmentalist,
Computer Technician
$ 45.00 - $60.00
per hour
Support Planner,
Environmentalist
$ 35.00 - $45.00
per hour
Graphics Technician
$ 30.00 - $45.00
per hour
Word Processing Technician
$ 35.00 - $ 40.00
per hour
Non-Technical Support Person
$ 30.00 per hour
Printing and copy work, per diem, long distance telephone and
similar costs are invoiced at 1.15 times our cost. Subcontract
costs are invoiced at 1.20 times the actual subcontract cost.
Mileage charges are $.30 per mile, subject to energy surcharge.
This schedule is effective through December 31, 1996, and is
subject to revision annually thereafter.
11-96
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EXHIBIT B
EXHIBIT C
INSURANCE SCHEDULE (CONSULTANT)
The Consultant shall provide proof of insurance, including a
standard certificate of insurance, in at least the following
amounts and coverage (combined single limit permitted):
Insurance
Coveraae and Limits
BodilY In;ury Property
Each Person Each Accident Each Accident
$1,000,000
$1.000.000
$1.000.000
$ 500,000
$ 500.000
General Liability
Automobile Liability
Hired Automobiles
Non-Owned Automobiles
$1.000.000
$ 500,000
$ 500.000
$2.000.000
Workers' Compensation
Employers' Liability
$ statutory
$1.000.000 per employer
a. The general liability policy shall contain the following
special endorsements which shall be noted on or attached to the
standard certificate of insurance:
1. An endorsement naming the City of Vernon, its officers,
and employees as insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30)
days notice of cancellation or material reduction of coverage.
3. An endorsement providing coverage for all operations
under this Agreement.
4. Such other endorsement as may be required by addendum
hereto.
b. In addition to the standard certificate of insurance, proof
of general and professional liability coverage shall be furnished
in the form checked below. certification of the followina proofs
bY the insurance aqent or broker will not be accepted:
X For each policy, a notarized letter from the
underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance
(attached thereto) are true and correct and that the
signature is an officer authorized to so certify.
A copy of each policy certified by an officer of the
underwriter or carrier and notarized.
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EXHIBIT C