HomeMy WebLinkAboutContracts & Agreements_30-2010_CCv0001.pdf AGREEMENTTO FURNISH CONSULTING SERVICES ASSOCIATED WITH "1-1-1E
CITY OF REDLANDS' CONSIDERATION OF AN APPLICATION FOR
CONDITIONAL, USE PERMIT NO. 963 (PHARAOI 1'S THEME PARK)
This agreement for consulting services ("Agreement") is made and entered into this 4"'
day of March, 2010 ("Effective Date"), by and between the City of Redlands, a municipal
corporation (*'City'") and Management Resources ("Consultant"). City and Consultant are
sometimes individually referred to herein as a `Party"and, together, as the "Parties."'
In consideration of the mutual prornises contained herein, City
follows: and Consultant agree as
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to assist City in connection with City's review of
Aladdin Entertainment Group's proposed "operations manual" for the Pharaoh's Lost
Kingdom Theme Park (application for Conditional Use Permit No. 963) and provide
input to City staff regarding the development of conditions of approval for the proposed
theme park (the "Services"). The specific Services which Consultant shall perform are
more particularly described in Exhibit "A," entitled "Scope of Services," which is
attached hereto and incorporated herein by this reference.
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by
oer professional consultants in the industry providing like and similar types of servicepacticing
s.
1.3 Consultant shall comply with all applicable Federal, State and local laws and regulations
in the performance of its obligations under this Agreement including, but not limited to,
the Americans with Disabilities Act and the Fair Employment and Housing Act.
ARTICLE 2 - RESPONSIBILITIES OF CLf-y
2.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
ARTICLE 3 - PAYMENT-AND NOTICE
3.1 The total compensation for C'onsultant's performance of` the. Services shall be Ten
Thousand Dollars ($10,000). City shall pay Consultant live Thousand Dollars (:,55,000)
upon City's issuance of a written authorization to commence the Services, and Five
'T'housand Dollars ($5,000) upon Cornstrltall t's completion of'the Services.
3.2 All notices shall be given in writing by personal delivery or by mail. Notices. sent by
mail should be addressed as hallows:
!',ca cijtn.; recunents',�1an<e�trent Resources C"011sultim-1 Agreement.doc
City: Chris Boatman,
Assistant Planner
Community Development Department
City ofRedlands
P() Box 3UO5
Rcdlunds, [/\ 92373
Consultant: David Schmitt
Management Resources
2l0 West Main Street
Suite 201
Tustin, [A92780
When sooddrcuyed, Such notices shall bedcecncdgiven upon deposit intile UnitmdStates Klui|
<�hun�esnnoybccnadointhe nunucuand addresses o[theperson turvhonotices and puymeub "'rc
to be given by giving notice pursuant 1othis section.
ARTICLE 4 1 INSURANCE AND INDEMNIFICATION
4./ Insurance: Generally. All insurance required by this Agreement shall be maintained bv
Consultant for tile duration of its performance of the Services. Consultant shu|| no(
Perform onv Services unless and until all required insurance listed below is obtained hv
Consultant. Consultant ohu)| provide City with ucUifioo1eu of insurance and
endorsements evidencing soch iomnruucc prior to oonu000ncun�ni o[{h� ��rviccs.
4.2 Workers Compensation and Employer's Liability. Conxu|tuo1aha|| Secure and maintain
Workers Compensation and Employer's Liability iosurauce [hrou )hoottbc duration of
1bis /\�recnuent in accordance vvitbthe laws o[1hc Stu1nof(�u|ifbrnin, vvi|h an insurance
carrier acceptable toCity.
4.3) Hold Uurnn|eoa and Indemnification. Consultant shall defend, indcnnni[v and hold
harmless City and its elected officials. employees and agents /romand u-�Yoiny~oovand all
claims. losses or |iuhi|iiy, inc|uding m�ornoys K:cs` arising From i jury -r death to
persons or`durnage to property occasioned by Consultant's and its officers'. cmup|oy�cs`
and a-en1s no(c ne8|igeotacts orsole neg|igeutonuiooi000 in perhnrnoingihe Services.
44 Con)prehcnaivc C}oneroi Liability Insurance. Consultant yba|| secure and maintain in
K`rccthroughout the term of this Agreement comprehensive general liability insurance
with carriers acceptable ioCity. Mininuuon coverage ofOne Million
Dollars ($1,000,0(,)())
per occurrence and Two Million Dollars ($2,000,000) aggregate fbc public iiabilih/`property ,damua&r and pnrmOnul injury is required. City shall be named as all additimna'insured. Such insurance shall btprimary and non-contributing touny insuranceorself-
insurance m&intaincdby City.
2
/:\ou\djm\��^ucmcntx\Muo�mmoutKCnouumoCnnouhiu-Y A-oemco|doc
4.5 Proteoukxnu| Liability Insurance. Consultant ohu|| secure and main|a nionu|
|iuhi|dv iouurancoLh the term of this in the of '---' Un
io
Dollars per c|zdnnn�udt. - --- �—
4.6 8uyinesx Auto [Jabi[kv Inyuranuc. [mnaobunL shall have business auto
`~ liability
�'uo*erugn, with miuinuuo limits ofOne Million Dollars ($1,000,000) per ocounen-°o*mbincd single limit [br bodily injury liability andpropertydum |iobihL�� ] --
coverage shall include all Consultant uvnco vehicles used in connection with
Consultant*s provision of the Services, hired and non-owned vehicles, and employee non-
ownership vehicles. Such iomu,unuc shall he primary and noo-oontribudng to ally
insurance o, self insurance maintained by City. City shall be named as on additional
insured.
5'| Consu|buntcovo'on}sundpcprcscn|siho1itduoxnothaveonyinvertmeniorintcrcstin
nuu| property that will be developed as the theme park or ony Other xourcc o[inconoc`
/n\ercai in real property or investment which would be udec/cd in uoy manner ordcoroe
h�the per[brxnanccofConsultant's Services. Conou|tuntfuUhercuvenantmand
represents that in the performance of its duties hereunder. no person havillo ally such
interest shall perkonn any Services under this /\grcunucnt-
5�2 Consultant agrees it is not a designated employee within the rneanino of the political
Kc|brnoAct because Consultant:
A. Does not make orparticipate in:
(i) the making orunv �,,ovcrnrncntu/ decisions re-urdin- opprovu| ofa rate.
n/}c or rc&Iulubun, or the adoption or nn&`rccmuni of|ov/u'
,
(ii) tile issuance. denial, Suspension orrevocation ofpermits, licenses.
app|iueUions, oeuifioo1ions, uppvovu|s` orders orsimilar uuthorizotions or
onddenuen\s�
(iii) authorizing City Loenter into. modify orrenew acontract:
(iv) granting approval toucontract that requires City approval and to which
City is a party, or tb� mp�oiDou�ionm fhr suoh a contract,
(v) granting City approval too plan, design, report, Study ursimilar item;
(vi) /\dopdng, nrgranting City approval of' policies, standards orguidelines
for City orfor any Subdivision thereof.
O� Qony not serve inustaff capacity with City and inthat capacity participate in
makin-g, ogovernnoentu| decision or otherwise perform the same or substondu|/y all the
9
|:\cn\dim\A�/ccmcntu\y�on��mcn/Knooum�n�onsu|dn�Agoemrot.doc
�
smneduties for City that would otherwise be performed bv an individual holding
iiCiC - [positionspeui6cdinCI ( nsection
87302.
5.3 [n the event City officially determines that Consultant Must disclose its financial interests
hycompleting and filing uFair Political Practices ComnniusionForm7OO Statement of
Economic )ntcrestu, [onyuhuntshall file the au|JcotForro70Uvviththe City Clerk's
office pucyuao1 to the written instructions provided by the Office ofrhc City Clerk.
h.| /n the event any action is commenced to enforce or interpret any n[ the terms or
conditionsofthis gncemcntthe prevailing ;arty mhu||, in addition to any costs and other
relief'.} \be entitled no the recovery of its »ooaonuh|c attorneys' fees ioc|udin� 6�cs !'(:)I, use
ofin-house Counsel byuPu�y. `
6.2 Consultant xhu|| not unyi�n any of the Services to be perfbrmcd undcr this /\gceerooni
czuepL with the prior written approval of[ih/ and in strict compliance vvith the |crnou`
provisions and conditions ofthis �rconncnL `
/\
6.3 All douunnen|s, rcoords, dravvin-x` dcsigns, cost estimates. electronic data 6|es databases.
and other documents developed by Consultant pursuant to this '�ocoenne—~` and any
copyrigbt interest in xuch documents. shall heuome the property of and City ^ shall b
delivered toCity upon completion ofthe Services. orupon the request o[[it `nyreus`
o[Such douunncn(sand onyuse o[incocnp|c/cducumv// � u
cnty || h tCity's z� 'sole r/ok
6.4 Consultant is for all purposes an independent contractor. [onsu|1ant shall supply all tools
and iuytcuoocntu|itico required to perK`rno the Services. All personnel cmp|uved by-
Consultant arc for its account only. and in no event abu|| Consultant oruny personne|
retained hy It be dccnucd to have been employed by City or en-aged by City k0 I- tileuccounto[ nronbchu/fof[itv.
8,5 Unless earlier terminated, as provided for ho|o*/, this 6�,,,,rccnncui shall icrouinu/c upon
completion and acceptance ofthe Services byC.ity.
6�6 This Agreement may be terminated by either party, in its sole discretion and Without
uuuoc- by providing thirty 30} business days` prior written notice to the other portv
(delivered by certified moil, return receipt requested) Vfintenttoterminate.
8.7 |f1his /\grccnoen1 is terminated by City, unadiumtmentto <�oncompensation mhu||
be made, but (|) no amnouut oba|| be allowed for anticipated profit or unperfbrn}cd
aer,icea, and (2) any payment due Consultant e1the time oftcnninadoumay hcad�ustcd
to the extent ofanyadditional costs toCity occasioned byany dcbxU|tby (`onoV!tant.
'/
0.8 Upon nco6pt o[ u termination notice.. Consultant shall immediately discontinue all
services uUcztcd, and within live (5) business days o[(hmdate ofthe i-
ennino1iou notice,
4
K4mo��mco/RcnounzsCon�uhin�Ag�rwnnLdoc
deliver or u1bCrn'isc make uvui|uh|c to
| ' ��i1y, copies (in both hod pand c�� o^ *
|onn, hcruppwc) uany data, design calculations. dru^/iom' sprui�ca|kn�reports, estimates. summaries and such other in�n 4�n �d m�� /a�o« muybovebecnuccunokzked by Consultant in P�r�nn:ng the Services required by this \Orecne»LConyubmn{oha|. beoonpensutedonnprn-�8ubuaiofbrworkoonp|d�dupunt | nndo� "teruina1ion.
f
69 CnnouituntoboU maintain books and a000untxo[all payroll costs and cspcnoeanz|ntc d
the Services. Such books sshallbeavailable a1all reasonable times fbrcxun�ina1i to
[ihyatthsof�ocufConmu|runL »o by
6.10 Thio Agreement, including the Exhibits incorporated herein
� hy refercooe" represents the eentire agreement and undentuodingibetween the Parties asto the mo/tco contained and any pdornegoda1i000written proposals orvc h | a�'ecmrnt« relating to suChmattcrs are superseded by this \goou�ni Any
and COnSUltant.
6A | This Agreement shall be governed by and consboud in accordance rvich the |u»«s o f(h
3{a{co[Cu|ifbrniu. �
5
|�\cu\div�\��r�cmcntdK4on�cm�n�Rcyouruesconsulting Aurwcm,utdno
IN WIINFSS WHEREOF, duly authorized representative:; ol' the Ott and C'onsnitant
have signed in confirmation of this Agreement.
CFYY OF REDLANDS ATTEST:
Tina'1'. Kundig, Finance Director JC Z, "*Trac..s c-c Sam Irwin, City C 'erk
City of Redlands
it1ANAC,F.MFN'1' RLS(-)C!RCES
t
04 I3v: �--
David H. Schmitt, Principal
6
[.` ,cfjnl'<ltteen� nts,1l cn<emeut Resources C'crosultiu< 1Lrceu7eut.clt c
t
s
ENHIBI-f-A—
SCOPE OF WORK
1
Manag=ement Resource will assist the City of Redlands staff in reviewing and assessing
b � Aladdin
I ntertainment Group's operations manual for the Pharaoh°s Lost Kingdom. Specifically,
Management Resources will provide the tbIlowing:
• Review and assess the operational characteristics and provide recomill endations
regarding modifications/additions to these characteristics, including:
o Description of uses
c Hours of"Operations
o Parking procedures for daily operations and temporary special events
a Alcoholic beverage policy
• Occupancy limits for various areas within park
• Public safety issues
Lifeguard stations
o Noise
c Traffic
* Recycling plan for daily operations and special events
• Provide input to appropriate City staff regarding the conditions of approval and
associated condition at use permit. Input might include the following:
o Additional documentation required
• Training plans and requirements of Park staff
• Capacity/tise modifications
U External audits by -) parties
• Attend the following:
* An introductory meeting to receive the operations manual from Aladdin
Entertainment Group
a A site visit
A meeting with City staff to discuss modifications/additions to the
operating manual and conditions of approval for the conditional use permit
o L'lp to three public hearings to answer questions by the Planning
Commission and/Or City Council
• Other tasks as required, related to or deriving from the prescribed scope of`
work.
i s ca dingy r r reernent 1 4i�,rrc rent RLSOUrces Const,Itin Are t�c nt.doc