HomeMy WebLinkAboutContracts & Agreements_44b-1995_CCv0001.pdf CONSULTING AGREEMENT
This consulting agreement is made this 26thdav of June, 1995, (the "Agreement") by and
between the City of Redlands, California, a municipal corporation, hereinafter called "City," and
Hightower/Associates, hereinafter called "Consultant." y
RECITALS
Whereas, City wishes to retain the services of Consultant for the preparation of a report
pursuant to California Elections Code Section 9212 which authorizes the City to request a report on
a proposed initiative measure as to its effect on the internal consistency of the City's general plan
and specific plans,including the housing element,the consistency between planning and zoning,and
the limitations on City actions under Section 65008 of the Government Code, and Chapters 4.2
(commencing with Section 65913)and 4.3 (commencing with Section 65915)of Division 1 of Title
7 of the Government Code (the "Report"); and
Whereas, Consultant has submitted a proposal to City to prepare the Report in which
Consultant represents it has the necessary skill and expertise to perform the work associated with
the Report in a manner consistent with the professional standards and expertise of others in
Consultant's industry; and
Whereas, Consultant has represented to City that Consultant has no existing conflicts in
undertaking such work and can perform the work in a professional and unbiased manner;
Now, therefore, in consideration of the mutual promises contained herein, the City of
Redlands and Hightower/Associates agree as follows:
I. Retention of Consultant City hereby retains Consultant to prepare a report(as
more particularly described in the Recitals to this Agreement)pursuant to Elections Code Section
9212 and perform the functions and duties set forth in the scope of services attached hereto as
"Exhibit A" which is attached hereto and incorporated herein by this reference. Consultant shall, in
its sole discretion, determine the method, details and means of performing the therein described
services. City shall have no right to, and shall not, control the manner or determine the method of
accomplishing Consultant's services.
2. Independent Contractor. It is the express intention of the parties hereto that
Consultant is an independent contractor and not an employee or agent of the City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Consultant and City or any employee or agent of Consultant. Both parties
acknowledge and agree that Consultant is not an employee of City for state tax, federal tax or any
other purpose. Consultant shall retain the right to perform services for others during the term of this
Agreement.
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3. Term This Agreement shall become effective on the date first written above and
shall terminate on August 2, 1995, unless earlier terminated as provided in Section 5 of this
Agreement.
4. Payment City shall pay Consultant monthly on a time and materials basis at the
rates set forth in Exhibit "$," which is attached hereto and incorporated herein by this reference;
provided, however, that the total, compensation paid to Consultant for the services and
Agreement shall not exceed $13,200. er this
5. Termination. City shall have the right to terminate this Agreement, with or without
cause, upon seven (7) days prior written notice to Consultant. Consultant shall be entitled to
payment for all services completed at termination.
6. Entire Agreement This Agreement supersedes any and all other agreements, either
verbal or written,between the parties hereto with respect to the engagement of Consultant by City,
and contains all covenants and agreements between the parties with respect to the matters contained
herein. Each party to this Agreement acknowledges that no representations,inducements, promises
or agreements, verbal or otherwise, have been made by any pa
rty, or n behalf f any
party, which are not embodied herein, and that no other agreement statement ne oop omise of
contained in this Agreement shall be valid or binding on either party.
7. Modification. Any amendment or modification to this Agreement shall be effective
only if it is written and signed by the parties.
8. Assignment Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Consultant without the prior written consent of City. Any attempted
assignment by Consultant without such consent by City shall be null and void and of no effect, and
shall result in the immediate termination of this Agreement.
9. Indemnity Consultant shall defend, indemnify and hold City harmless against any
and all liability imposed or claimed, including attorneys'fees and other legal expenses,arising from
any negligent act or failure of Consultant or Consultant's assistants, employees, or agents, in
connection with any of Consultant's services provided pursuant to this Agreement, including, but
not limited to, all claims relating to the injury or death of any person or damage to any property.
10. Time of Essence. Consultant acknowledges that time shall be of the essence in
Consultant's performance of its services under this Agreement.
DJXI481e.
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IT. Attorney's Fees. In the event any legal or equitable action is commenced to enforce
or interpret any of the terms or conditions of this Agreement, the prevailing party shall, in addition
to any costs or other relief, be entitled to recover its reasonable attorneys' fees.
Dated this 26th day of June, 1995.
ATTEST CITY OF REDLANDS
("CITY")
City Clerk
wen Larson, Mayor
HIGHTOWER/ASSOCIATES
("CON LTANT")
B
Sharon W. Hightower, Fncipal
DA15481e 3
Exhibit "A"
Scope of Work
The scope of work will include the following steps:
I Review of General Plan and specific plans, proposed General Plan update, and initiative
plan.
2. Preparation of General Plan baseline and two proposed scenarios land use data and
constraints.
3. Comparison of densities and growth potential of the baseline and two scenarios, based on
generalized acreage data.
4. Analysis of Initiative Plan for consistency--with current General Plan internally and with
zoning.
5. Analysis of impacts of Initiative on housing development and "affordable housing"
programs.
6. Preparation of final report and presentation to City Council.
Assumptions will be clearly stated and those factors which can be quantified using existing City data
will be.
The final product will be a report including a summary of findings and detailed analysis. Three
copies will be submitted.
A kick-off meeting and weekly meetings or conference calls will be held with staff to verify data and
progress. The report shall in final form and made available to the City on July 26, 1995 and shall
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be presented at the City Council at its meeting of August 1, 1995.
Schedule
Work can begin immediately upon execution of a contract and is estimated to be completed within
eight weeks. The schedule can be adjusted as necessary so long as there are at least forty-five
calendar days available for work effort and work is expeditiously coordinated xNrith the fiscal impact
consultant- The baseline and proposed scenarios data must be completed first for use by that
consultant.
The schedule will be refined at the kick-off meeting with City staff. City staff supply of
information and progress review must be completed expeditiously in order to meet this sched'ule.
DA1548le 4
Exhibit "B"
Compensation
Cost will be based on an hourly rate plus expenses with a not-to-exceed limit.
Principal hourly rate`, 100/ho r
Anticipated expenses $300
Not-to-exNot-to-exteed $13,200
This cast is based on the City supplying maps and all base data and analysis which is available.
Also, staffftom various departments must be readily available to provide information and to review
Nvork:'
Work in addition to that included in the Scope of Work can be dome on a time and materials basis
using the above hourly gate.
Ds48se
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198 Via Santo Tomas
Claremont, CA 91711 � � `�
909/624-8902 � ��
May 30, 1995
Jeffrey L. Shaw
Community Development Director
City of Redlands
P.O. Box 3005
Redlands, CA 92373
PROPOSAL TO PREPARE A REPORT ON THE EFFECT OF AN INITIATIVE
MEASURE ENTITLED THE REDLANDS GROWTH MANAGEMENT ACT OF
9995
I am pleased to submit this letter proposal in respond to the City"s Request for
Proposal received May 27, 1995. Due to time constraints on both sides this
proposal is brief but I will be happy to expand upon it, if needed, by telephone
and/or interview.
Hightower/Associates is qualified, suitable, available and understands the needs
you have outlined.
A Statement of Qualifications is attached. I am familiar with Redlands and the
East Valley,by way of work while I was Planning Director for San Bernardino
County and since then with my firm. I was part of the planning effort on the East
Valley Corridor Specific Plan as well as the County General Plan Update and
early efforts on Redlands" Annexation 72. I have done similar land use impact
and consistency analysis on general plans and zoning codes for cities and the
county. I have done extensive work for three jurisdictions and regional and
subregional agencies on growth management policies and impacts. I was also
involved with implementing a slope-density ordinance for the City of Rancho
Palos Verdes.
Hightower/Associates is also suitable in that it has no conflicts of interest relative
to this project. I have no private clients and have done no recent work for any
public or private potential party of interest. An independent and objective
analysis will be provided.
Jeffrey L. Shaw
Proposal
May 30, 1995
Page 2
The firm is available to initiate work immediately and to complete it within the time
constraint of approximately eight weeks,
Understanding
Upon review of the proposed Initiative and your cover materials, I understand that
the City desires a report which will show the effects of the proposed Initiative on
internal consistency of the city's general and specific plans, consistency between
planning and zoning, effects on discrimination provisions of State law, and on
housing development approvals and density bonuses and other affordable
housing incentives. I believe that in order to do this it is important to clearly lay
out the differences between the Initiative plan, the current general plan, and the
proposed general plan update which is underway. Density and growth potential
are the key factors.
I understand that the fiscal impact work will be done by another consultant and
suggest that the rapid interchange of data and analysis between the two
consultants is very important. The two projects need to be done in close
coordination. I have worked with fiscal impact consultants on many projects. In
particular I have worked with one of the other proposers, Stanley R. Hoffman and
Associates, while at San Bernardino County and also on two recent subregional
planning projects.
Scope of Work
I propose to organize the scope of work in the following steps-
1 m Review of General Plan and specific plans, proposed General Plan
update, and Initiative plan.
Z Preparation of General Plan baseline and two proposed scenarios land
use data and constraints,
3. Comparison of densities and growth potential of the baseline and two
scenarios, based on generalized acreage data.
4. Analysis of Initiative Plan for consistency—with current General Plan
internally and with zoning.
5. Analysis of impacts of Initiative on housing development and "affordable
housing" programs,
Jeffrey L. Shaw
Proposal
May 30, 1995
Page 3
6. Preparation of final report and presentation to City Council.
Assumptions will be clearly stated and those factors which can be quantified
using existing City data will be.
The final product will be a report including a summary of findings and detailed
analysis. Three copies will be submitted.
I propose a kick-off meeting and weekly meetings or conference calls with staff
to verify data and progress. The report will be presented to the City Council at
one meeting (probably the meeting of August 1, 1995).
Schedule
Work can begin immediately upon execution of a contract and is estimated to be
completed within eight weeks. The schedule can be adjusted as necessary so
long as there are at least forty-five calendar days available for work effort and
work is expeditiously coordinated with the fiscal impact consultant. The baseline
and proposed scenarios data must be completed first for use by that consultant.
The schedule should be refined at a kick-off meeting with City staff. City staff
supply of information and progress review must be completed expeditiously in
order to meet this schedule.
Budget
Cost will be based on an hourly rate plus expenses with a not-to-exceed limit.
Principal hourly rate $1 00/hour
Anticipated expenses $300
Not-to-exceed $13,200
This cost is based on the City supplying maps and all base data and analysis
which is available. Also, staff from various departments must be readily available
to provide information and to review work.
Work in addition to that included in the Scope and Budget can be done on a time
and materials basis using the above hourly rate.
N
Jeffrey L.Shaw
Proposal
May 30, 1995
Page 4
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This will be a most interesting project and I look forward to working with you on
it.
Best regards,
Sharon W. Hightower
Principal
Attachment