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HomeMy WebLinkAboutReso 1971-6122J RESOLUTION NO. 6122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE AGREEMENT WITH PLANNERS/SOUTHWEST, INC. FOR THE DEVELOPMENT OF A PARK MASTER PLAN FOR SWEETWATER REGIONAL PARK The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on May 19, 1971, the Board of Supervisors approved in principle a development plan study for Sweetwater Park which recommended early acquisition and development of this part of Sweetwater Regional Park, and WHEREAS, an agreement has now been forwarded to the Board of Supervisors in order to prepare a park Master Plan with specific recom- mendations for park development projects for this portion of Sweetwater Park, and WHEREAS, the local firm of Planners/Southwest, Inc., 1357 Seventh Avenue, San Diego, California 92101, in conjunction with landscape archi- tects Jones/Peterson, have prepared the approved development plan study, have been chosen to continue with the development planning. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby urge the approval of_ said agreement for con- sultant services for development planning for Sweetwater Regional Park. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to forward a certified copy of this resolution to the Board of Supervisors of San Diego County. Presented by Approved as to form by ,_ ,, / I ~ i ~ ~~' .~'. ~ ~' Thomas D. Hamilton, Jr., Mayop'~ George Lin erg, City Atto, ey ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 13th day of July , l9 71 , by the following vote, to-wit: AYES: NAYES: ABSENT: ATTEST ity Cie k STATE OF CALIFORNIA COUNTY OF SAN DIEGO ~ ss. CITY OF CHULA VISTA ) s ::a I, JENNIE Mo FULASZ, City Clerk of the City of Chula Vistas California, DO HEREBY CERTIFY that the above and foregoing is a full; true and correct copy of , and that the same has not been amended or repealed, DATED City Clerk Councilmen Scott, Hobel, Hamilton Councilmen None Counci lmen_ Hyde, Egdahl ~-~ r-,_ (o - ~ ~- n ~ ~ / .~i ~~%C ~ ~ r- F ~; ~` ~ f - ~/ INTER-DEPARTMENTAL CORRcSPL~NDrNCE ~~~~ oAT~ Mate 24 , 19 it T0: 5oard of Supervisors FF.Oi Chief Administrative Officer S11~3JECT: Age°Lem~nT• for C•.;nsu~~r•~t Services for Development Planning for S:reet:rater Fr ©n s~iay 19, 1971, Zn ;iinute Iter-~ ilo. 1, voter ~?oard ao^roved in principle a development elan study for S„ee~„ater Parr; '.',~~ich recom~;ended early acquisition and d.~-'.VelOp~~~?nL Oi tiiiS part Of J~';22Ltilaier ;-~2g10na~ '~;r~:. Tl,e attached agreer:e,it for consultant services has bier, negotiated in order to prepare d Ddri~ ; layter Plan V/l t. SGeCi fi C rcCO~~iRlelldat i 0n5 for pdrrC d2Vel Opiti2nt projects fnr t;is portion of S';:eet~,~rater Parr:. Trte local firm of Planners/South`,,'est Inc., 137 Seventh Avenue, San Diego, California °`lgl, ire car,juncticn '.:it; landscape architects Jones/Pete'r'son, having pre^ared ti1e ap^roved deveie:~;,?ent plan study, nave been chosen to continue Frith t!~e develcn~<<~ent planning. It is P~CO, ~"~iE1DED: That your 3oard ~`,pprove the attached procosed agreement and authorize the Clerr; of t,~e Board to execute t7is agreement on bei~al f of t,~e County of San Diego. nTSr.11~sTm~- P~egoti at ion for one e~-~pl oy~ent of consultants for•.^ark projects ':gas aNoroved by the Civil ~~rvice Cor,,;,ission on Cc~ober• 5, 1~+7`'; t',e contract '..as reviQ•r~~~ and has been aoprnved as to f o~ b•~ Cauat~~ Counsel . T„e oronosed fie ror t;~a Contract 1 S `~~?,~~'~. Fu'ldS f Gr tleSe CO!~iSUI Cant Ser`!i CeS 5rere dpprcv2a ~n ti,e Fiscal Year i 7~J-71 budget. -~, -` - ~ -~ ti '~ Chief P,dministrativ° Or"ficer ~ FJi1/EJ;1/sr Attachments cc: En'rircn~:,ental Ceveln~~T~•nt ,administrator L ~'ayor or^ '1dti0n=;; City mayor of C;~ula `rist? SUUth .`,-,3y I rr' ~ ; I O:l Li S ~!"1 Ct ~ Cu`~i d ?~~rnS S,'re 2t7rater '~la i l~~~y Civic ;ssoci uti on ("rs . ;';m. Spies, Jr. ) 0~ ~. ~~ ~.. ~, 11® o ~' `~` 1 i 1~J 5~~ C~~R~ 9 Ci~~ ves~a, ~a• N ~ ~,~--~ ~ ~ ~~~ ~~ a l.2 l 2 '~- ,_~~~ ~ ~ ?x/3/7/ ~~ S p The Board of Supervisors E of the County of San Diego i E / ~ on ~ / / /7 ( , No . ~P ~ ~ took actions as recommended L E T ' T PORTER D. CREMANS, Clerk of E the Board of Supervisors R ~ ~ By~~ ~ s 4~~ p,~ a Deputy ~ i a ~. AGREEt1Ef~T FOR CO"1SULTAt1T SERVICES FO R DEVELOPP1EflT PLA"1fdif1G OF SLdEETWATER PARK ~COtJTE~lTS Page flo. I. Et1PL0Y1'•iEfJT OF COISULTAf~1T 1 II. INTEt1T OF PARTIES 1 III. SCOPE OF COf1SULTA:'1T SERVICES 2 IV. DATA TO BE FURfIISHED TO,COf1SULTAf~1T 4 V. CO'VTACTS FOR RESPO^1SIF3ILITY 5 VI. PERSOfdf~lEL 5 VII. TIf~1E OF PE~FORt'A;~CE 6 VIII. REPOP.T OF SEPVICES 3Y COISULTAf~1T, 6 I X. 'CO' iPEf1SA'II~;'t 7 X. f1ETHOD OF PAY1~EtJT 7 XI. PEfZ~ iITS 8 XII. COfdFORP'ITY TO LEGAL REQUIREi'EiiTS B XIII. TERt•,IflATIO^l OF CO'1TRACT FOR CAUSE $ XIV. TERf1IflATIO?l FOR CO~II'EflIEt1CE GF COUNTY B XV. G?/~`~1GES 9 XVI. HOLD HA!~'~iLESS AGREEf':E"1T 9 XVlI. IfiSTf:UCTIOI TO PROCEED 10 X4IIi. tQUAL E~~iPi.OY`iEP!T GhFOnTU'1IT`( ~ 10 XI X. I"dTEREST OF GOU°1TY O~'FICEl;S A`~1C~ 0~!3ERS 11 Xi. ASSIG°lA'3ILITY 11 XXI. IiIT~ 1?E5i OF CC~lSUi_7A`l~l' 11 XXII. [-Tt1i_?IP1GS CQ°.FIGE~~l~I(~,L I7_ XXII1. (7~=r'`CI/iL.~~ i107 iU !~CiiEFIT 1?_ XXI'a`. I [`~'d~~I ~~ I:;~'~,'rI0`! rE" G':i%U' ~~;'1TS 1?_ AGP,EEh~EIlT FOR C0,lSUL?ANT `~ERti'ICES FO R DEVELOP;•',ErlT PLA~~,rlIilG OF St~tEETt~IATER PARK THIS AGREEMENT, entered into as of this ^ day of 19r, by and betti•reen PLANaERS/SOUTHt•tEST IrlC., 1357 Seventh Avenue, San Diego, California 92101 in Joint ~renture r•ri th JO;dES/PETERSO(d ASSOCIATES Ir1C. , 218 East Broad~'ray, Anaheim, California 9280, hereinafter called the "Consultant", and the C01T,~1TY OF SArI DIEGO, hereinafter called the "County." `WIT1dESSETH WHEREAS, on 5/19/71{1), tl:e board of Srrparvisors approved the Development Plan Study for St;reet~•rater Pegional Parl: i•rhic;~ identified the tentative boundaries for the valley portion of this Regional Parl: and recommended early County action for its acquisition and develop ment; and 4lHEREAS, -an 7/7/70(r>•0) , t}~~e Board of Super.vi sors authorized the County Engir;eer to engage a Consultant for design vrork and consultations; and 4lHEREAS, t}re Hoard of Supervisors has made funds available for Professional Services; and l~,~lE};EAS, the County desires to engage Consultant to render certain technical and professional services hereinafter described in. connection ~•rith the preparation of a developl~ont plan for Sweet~•rater Park. t j~~t tlrni-Fr~'lC t-' n~ ~~~ n~ i~v~n'}-n ~rl fn 1N ~1~I1! .l(~1^^f? C ~t.,t Tr«I~G ~.I~t_, i,lle Ft:.r i.~~.~ }• t ., a. tuC,-" •J "-3 C~~ fOll~~:rs: I. E}inLC`~`~~'E";-f OE CO^1SUL~rn~lT. The County .agrees to engage the Consultant, and i:hc Car7sui taut i~ere5y agrees to pcrfor~n the services hereinafter set forth. II. I}tTE~dT OF }'~`,~;"TIES. It is understood bett;~ecrj the parties hereto that i:his rt;,r°}; small be in ge~reral conformance tirith the appr°avo•d County Gener~~l Plan for i9`~0 datc~d 12/l~~JG7 artd its teci~nical docu,~,ent~, and 4•rith the Development Plan CD l 1 ~- 2. Study - St•reet~~rater Park -prepared under° County Contract No. 556II-1200 E and approved in Board of Supervisors i1inute Item 5/1J/71 (1). The Consultant is encouraged to go innovatively beyond standard park development parameters in the planning study of t11is portion of tfle Regional ParE: which is envisioned to ultimately comprise the St~:eetvrater Reservoir .and the flood plain bet~~reen the Reservoir and tf~c San Diego Bay. _ . The County tvi 11 , in cooperation ti•ri th tfle Consultant, di sti 11 from fli s presentation, those effects i~ deems beneficial and desirable. The Consultant shall then define those recreational activities and facilities which grill maximize the desired effects. III. SCOPE OF C0~ISULTP.:IT SERVICES. A. Con Sul taut steal 1 prepare a ~•iastE r Plan Study and Report far the proposed S~~reetwater Regional ParE; containing• the follotiring: 1. Land Use Study and General Devel.opn~ent P1 an. • a. A general development plan of tine entire site depicting its ultimate use. b. The plan should be in sufficient detail to~clearly define: 1. All uses. 2, Landscape and environmental theme. 3. ~,rcllitectural concept. 4. Equipment and facilities. 5. Proposed schematic grading. 6. Other considerations. c. P ila`Cd d:'Velop.~~Cnti prCgr2;i1 In X250 ,000 li1CT'enrentS. 2. Par4: bou,rd,~ries frith icicntification of si~e cific land parcels a;lc1 prropo~ed priori i;ics for acqu ii flan 3. St~pportin~~ d::vc;lop.acnt. plans for utility and traffic services. it. Pl~~ll ~~iUlrirr~~ dl1 E'Xl~tln Utll7tl~S~ Ca5C1r1~^.11t~, 1'CStrlCf.l(;n, (a L 2 a- 3. . b. l-later distribution system. sho~ding ~~rater mains for the entire site. c. Fire protection system. d. Seti~er system showing disposal system for the entire site. The plan must comply witf~ Pegional 4later Quality Control Board regulations. e. Electrical distribution system, including communication requirements. r f. Storr~r drainage system. The plan must comply t•lith Regional 4later Quality Control Board regui ati ons . y. Internal traffic and pedrstriae circulation including parking requirements. Roads shout•d represent good traffic engineering principles in terms of safety, organization, circulation and ability to move traffic during peak periods of use. 4. =•iast;cr plan Report. a. Dialysis of t9~e site. b. Location and relationship of useable areas.' c. Geology and soils. d. Ecology. e. Erlvi ronr~ental 7~~pact Report in cor~pl i once ti•~i th the State Envi rcr,r;•;ont<Al Quin i ty ~~rt of 1970 and t}-~e Flational Envi rornnental Policy Act of 1969. f. Qesign concepts. 1. Basis of design. Z. Puri~osc of theme. 3. Placenr,ani: of and architectural charact~ir~ of facilities. ~#. Lanciscaj~c concep%s ~~rld r~~c~co;,s~~:cndations regarding trees, pl~rn~us, ~~i~rut~s ti;it`r consi~lcr~~t.ion for soil ar~d ecolo~~y of the t,r~~~a. ~ l 12-` T g. Detailed program citing the first three priority development increments tivith itemization of expected costs. B.. Thirty (30) copies of ttre Master Plan and Report shall be filed by file Consul tant rvi th ttre County tivhen trey are completed. A11 working materials of Consultant shall become the property of the County upon completion of the services required herein. In addition, James Fairman and Richard Jones shall conduct project revietiv meetings, conferences, and presentations as provided in Article VIII of this Agreement. In addition to said meetings, Consultant shall work closely tvit~~ and remain in constant comm,~nication -vith the professional staff of County and there shall be a free flow of information betr•feen County and. Consultant: at all times. IV. DATA TO QE FURil1Sl7 D TO COiISULTr^,i1T, The County will contact other agencies t:ithin file County for information as may be needed by the Consultant. The Consultant will retain for the duration of this Agreement all information and data, reports and maps nosy in his possession providod for under Contract tdo. 55u&-1200 E. In addition, the County wi 11 provide Consultant rri th additional information, data, reports and maps notiv in its possession, including but not limited to the foi]o•~ving: a. Topographic maps. The County steal 1 furnish r4prod;.rci bl e topograpili c maps having a scale of 1" = 2~0" and a contour ini:erval of 5 fE~et. b. Aerial photos. c. Tapoe1raph~r I1ap -• havi ng a seal e of 1 "- ~i0 ` t-ri th 2' contour 7ritcrvalS, ~•;lth strUCtures, r0ad5, trE'C'S, fiXtd C1C'.rP.entS, CaSt'IIIC'ntS, CtC., for sclecteu areas. ~~1~ 5. d. County road maps -present and ruture•in vicinity of site. e. Ovmership maps and assessment data. f.. Soils data. g. As-built maps of existing utilities in the area. i~. Any existing planning studies relative to the site. i. Information and studies on the c,peration of park and recreational facilities p;"esently oval 1 abl e to - tf;e County. j. County base information on flood control and hydrology for upstream and tributary data. V. CO;~aTACTS FOf~ RESPO;;SIBILITY. Consul tant vrill look to the designated Project tfanager, Ed~~rin J. iioses, for direction and guidance on behalf of County. t1r. Ri c;;ard Jones will be in chi ; ge o'f the perforn;ance of this Agreement on behal f of the Consultant. Consultant ~ti~ill assign his' personnel to ea.rh of the separate tasks of the study based on ti~ei r particular bacf:gT"ound and expertise. These persons T~ii 11 interact internally and carry the study fori:ard on the basis of an inter- disciplinary team. It is under"stood that members of tiles team may be involved 1-rith on-site investigations and interactions with County administrative and planning staffs arTd other private and public individuals; including adjacent property o~r!ners. VI. PERSO„°;EL. A. "El;e Cons~iltant represents that he has, ar Trill secure at his o~•rn expense, all personnel required in faerfori.iing t:i~e services ~rnder tf;is Contract. Such perscnnel shall not Ise employees of or have any contractual rel atio;iship T~li ~.;; the Coun~l.,y. G. x111 of til::: services r~~quirtid her°eTand~r T~,~ill bE: t~erfer~nnd by the COn~iilt~',nt Or U?ld:'i" Ells Sn`C?i"v1~1Ci1, and all reT'SE7nnul E}nc~aCid In tf1C'_ T•lOrk sfi~+`l l k~e fully c~ir~~,l i fiecl ~~n~1 sisal ~ u~.~ autlr~ri~t~d and 1 i tensed u?i~i~r state ~ L12 6. and local law to perform such services. Consultant hereby agrees to assign staff as necessary to aid in tf~e performance of the required services. C. Pdone of the r•rork or services by this Contract shal 1 be subcontracted except as designated f~erein r•rithout prior 1•rritten approval. - VII. TIi1E OF PERFORi i~l`(CE. The services of the Consultant are to conbmenre as soon as practicable after the execution of ti~is Contract and shall be under- to{:en and completed in such sequence as to assure their expeditious completion in the ligf~t of the purposes of this Contract, but in any event all of the services required hereunder shall be completed r~rithin 120 consecutive calendar days from the day of receipt of the notice to proceed. VIII. REPOF;T OF SE?VICES 6Y CG,,SULTAf~T. T`~ere is an urgent need for a close and responsive cooperation bet•~reen the County and the Consultant. Therefore, the follo~ring project reviei~r meetings s(1a11 b~. conduded by (•ir. James Fairmun and fdr. Fzichard Jones and will be held r•rith the County. - Meeting 1 Project definition t=ieeting 2 Wort; i.ieeting F•rii:h County, appropriate agencies and individuals t~feeti ng 3 Presentation of part: scheme and al ternati ves {~ri th 1 and parcels identified to involved graps, city and county representatives. h+eeting 4 Presentation of prelirninary master plan and report f'iecti ng a Presentation of final i taster Plan and Re(~ort Upon compeletion and filing of tfie final development plan study and report, (~1r. James Fai r ~nan and fir. Ri c?rare! Jones shall present the study ~~nd report i~.nd its f~r~oposals at such tii,~a aril to such g ro;.~ps of p eople in San Ciee~o Couni:y as rlay be des~i gyrated. .to more t(r~r~r tr•ro such presentat ions shall be rcc;trir~c:d tirithoui additional co~nt~ensat7on. 6 ~ ~. 2 IX. COIIPEtlSATIO~a. Tiro County agrees to pay'the Consultant a fee of $33,600 for tl~e above described services. Said fee includes ~l,costs such as travel, living expenses, taxes, and the described map. and report production cost. In addition to said fee, County shall reimburse Consultant for costs incurred by Consultant, up to but not exceeding $300., if requested in writing by the County, to provide additional presentations of the Plan and (report on the basis of X32. per hour for each Consultant and up to but not exceeding X1,000., if requested to do so in ~•:riting by the County to provide 200 additional copies of the development plan study and report. X. tiETH00 OF PAY1~~i1T. She County ~•rill pay the Consultant a fee of `38,600 which.shall constitute full and complete compensation for the Consu7tant'S services hereunder. The fee ~•:ill be paid in the follo~:ing manner: in every case, subject to receipt of a cl~~irn for pays;lent from the Cons~~l~cant specifying that he hUs perfo~~~ed the ~~:ark under this Agreer,~unt in conformance ~~:ith the Agreement, and that he is entitled to receive the a.rnount claimed under the terms of the P~greemenf.: Initial. pay,nont ti~:ill start ti~:ith Ileeting 3. X10,000 When fleeting 3, in Part `JIII, has been satisfactorily completed, as required hereunder, and as determined by County. filg,pgg lditen fleeting ~`~, in Part VIII, has bean satisfactorily completed, • as required hereunder, and as detc~r-mined by County. X13,600 t~l~zen l;eetinn ;, in Fart ~rI I I , has been satisfactorily completed, as reyui red f:ereund~~r, anti as detcri~~ined by County. Five percent of this pa~~r~ :~rit shall be ~~rith held until the t~o presen tations have been mace. ~a l 1-] Consultant shall be reimbursed by County for reimbursable costs at the time of completion of meetings specified above and upon County's receipt from Consultant of a claim indicating the amount actually spent by Consultant for the additional presentations of the final F1aster Plan and Report. It is expressly understood and agreed that in no event ~•rill the total compensation and reimbursements, if any, to.be paid hereunder, exceed the maximum surn of $39,900 for all the services required. XI. PEP,i1ITS. (•1ot applicable. XII. CO~dFO("1ITY TO LEG~,L REQ!JI('.Ei'E(;TS. foot applicable. XIII. TER1~I(;~,TIO~i CF CO'(TR•ACT FOR CAUS`t'. If, through any cause, the• Consultant shall fail to fulfill in timely and proper ma:-ner his obligations under this Agree- ment, or if the Consultant shall violate any cif tine covenants, agreements, or stipulations of this Agreement, the County shall thereupon have the right to terminate this f+greement by giving ~•rri teen notice to fire Consul Cant of such tcrr7ination and s?ecifying t{~e effective date thereof, at least five (5) days before the effective date of such terr7ination. In that event, all finished or unfinished documents, data, studies, surveys, dra>•rings, maps, models, photographs and reports prepared by the Consultant shall become the County's property, and the Consultant shall be entitled to receive just and equitable compensation for any satisf<:ctory 1•ror(: completed oii such docurn~nts and other materials. (lat','rlthsf:c~rtdin7 tiie a:)^,ar`, j, l.~, ~ansult~ri± s(~~.1 ~ fiat b;=:e11^vcd Cf liability to the County for damanas sustained by the County by v~irtu~a of any breach of tiles Agrcer;ent by the Cansul taut, and tl~e Caunty may rri thhol d any pay rents to the Contractor far the pur~posc of setoff until such tuna as the exact «~rount of dU~mac(es due ti;e Caunty ft•ocr the Cansult_~nt is detr~rnrined. DIV. TEf;~iIi,~;TI(7'! FO~~ C:`;!!'_~IIC';CE Or COU`!T1'. Tire County may terminate this Agrei,iner~t at any i:~in;;~ by giv~iny uritter~ notice to the oti~er of su:;h tcr~iiinati~rn and sr~~cifs'inS f;}ra e~f~~ctive i(ate thereat, at least: fifteen (15) d;~ys I~~~forc the effective date of suci~ termination.. In that event, all finished or unfinished documents and other materials as described in paragraph XIII above, shall become the County's property. If the Agreement is terminated .as provided herein, Consultant will be paid an amount vrhich bears the same ratio to the total compensation as the services actually performed year to•the total services of the Consultant covered by this Agreement, less payments of compensation previously made. Provided, however, that if less than v0 percent of the services covered by this Agreement have been performed upon the effective date of such termination, the Consultant will be reimbursed (in addition to the above payment) for that portion of the actual out-cf-pocket er,penses (not otherti~rise reimbursed under this Contract) incurred by the Consultant during the agreement period which are directly attributab to the uncomple'ed portion of the services cevered by thi~~ Agreement. If this Agreement is tet~minated by the Consultant, paragraph XIII, relative to the termination shall apply. XV. CHAriGES. The County may, from time ,to time, require changes in the scope of rho services of the Consul rant to be performed hers:under. Such changes, including any increase or decrease in the amount of tnb Consultant's compensation, vrhici~ a~r°e mutually agreed upon by and bet',reen t}re County and the Consultant, may be incorporated herein by a mutually satisfactgry exchange of correspondence bettrueri the County and the Consultant. X`'j. }tit)LD 'r}}!,F:`:LE:SS ~~G~'.EF~ic'a-( ~n~ Coun~c,y and its acre:~~~s, c:`~f:cf~rs and emi~ioyees, s}Tall not bc, nor be held, liable for any claims, liabilities, perta-l ties, fi3ivs or forfeitures, or for ar7y c}~n~ae to the roods, properties or f'f1~CtS of C031SUltant Or Ui uny Ot}1Cr pCT'SOi1S '.~ha~~3CVCi', rtOr for pCT'SOrla1 iri~~n~y to or drat}t of thc~3n or any of t}~c3n, v:ii~.:~i:her causCd }>,}~ or resuitincl From an~~ ru~.;li~;^nt act or on~issio,} of Consultant or Consuli:Unt's agents, en;ployees or t~F~i~r~sentaLiv~~s. Cor3sul ~ar~t fiurtirc~r trgrc'~s to i.r~d~~m~lify, rind to save free and ~, L 2,2 . 10. harmless, the County and ttie County's agents, officers and employees against and from any and all of the foregoing liabilities, and any and all costs or expenses incurred by tine County on account of any claim therefor, including but not limited to claims by reason of alleged defects in the plans and specifications. The Consultant nevertheless agrees to assume the foregoing obligations and liabilities, by ~~rhich it is intended by both parties that the Consultant shall indemnify and save the County free and harmless from all claims arising by reason of the erors: done by, or by reason of any act omission of the Consultant or Consultant`s ;gents, employees or represen~atives. XVII. ItdSTFUCTIO~~i TO PROCEED. The Consultant shall not proceed ~~rith perfor- mance ~of any services and°r this contract ti~ri tirout first s~ wring ~~rri tten authorization fram tine County to do so. XVIII. EQt7f,t_ Ei~1PL0Yi~L;!T OPPORTL`;ITY. There shall be no discrimination against any employee vrho is employed in the 4rorr: covered by this contract, or against any applicant for such employment because of race, color, religion, sex, or national arigin. This provision shall include, but not be limited to, the folloti•ring: employment, upgrading, demotion, or transfer; recruiia~~ent or recruitment advertising; layoff or termination; rates of pay or other forms of CorilPenSatlon; and selection for training, including at~prenticeshii~. In the carrying aut of the project, the Consul rant trill take affir•mati~~e action to ensure that a}~}~l-icants are er~plcyed, and that er;rployees are treated during employment., t~riti~out regard to ti;cir race, creed, color, sex, or national origin. The Consultant agrees to past in conspicuous places, avail~xble to e,.~ployees and ar~pl i dint ; for en:pl oyii~` nC, notices t.o l>c i~rovi d~:d by ~~~ Governn~s~nt setting frJt•ti7 the }7rovi signs of t,ri s ncncii scrir:~i ~r:it ion clause. The Consultant will , in al 1 so~l i ci Cations ~>r adver•ti se~,ants for en!;~l o,y~:~es p i aced by on behal f of tl~ie C0~1~lrl};~~11u, ~t~ItC tilt all, C~U171`lf'.Cj ~i.})i)liC~~.nf;i t;'lll 1'CCE'1V(' COr~1ClCrdtlUn fOr' ~n ~ ~- ~.- employment ti~~itiiout regard to race, creed, color, sex, or national origin. The Consultant will incorporate the foregoing requirements of this paragraph in all of its contracts for project t~orN,, other than contracts for standard commercial supplies or rat~r materials, and will require all of its Contractors for project work to incorporate suci~ requirements in all subcontracts for such work. XIX. If1TE1',EST OF COU!1TY OFFICERS AF~1D OT~iERS. Plo officer, member or e~7ployee of tine County and no member of its governing body, and no other public official of the governing body of the:locality or localities in t~rhich the Project is situated or being carried out t,rho exercises any functions or responsibilities in the revieti•~ or approval of the undertaking or carrying out of this ~rcj~ct, shall (a) participate in any decision relating to this /agreement which a,fects his personal int--crest or the interest of any corporation, partnership, or association in ~,hich he is directly or indirectly interested; or (b) have any interest, direct or indirect, in this Agreement or the proceeds thereof. XX. ftSSlG,fr~GILITI'. The Consultant steal i not assign any interest in this Agreem`nt, and shall not transfer any interest in the same (t~.hethei~ by assic~n- rl~^nt or navation), ~ti~ithout prior t~n itten consent of the County ttrereto. Pro- ~,rided, ho~rever, that claims for money due or to become due to the Consultant from t+le County under this Contract nlay be assigned to a bank, trust company, or other financial institution ur1 t;flout such ar,7roval . Doti ce of any such dSS'y'lf'.1?f•ii; i7r t:r'unsff'r s~131 ! u~ furn`I s`1•d ,`r~',rtl ~r i.°.: ;fli: ~C1lln±~/. ,_ XXi. Ii;Tl~f?EST Of` CC'f`.U!_T~^,°;T. The Consultant covenants that 17e presently f;as no irlter~ st and s~lall -;ot acquire any interest, d~i reef or indirect, v.~ilich t::iuld ccnl=lict in any r:,arlner or cicgree +-rit11 tfl`~ perfornarlce of services required to Lie j~crf~r;~;:~d under this Ac~recnx~nt. The Co~l:;ultant fiuri;her covenants that in t}re l~~crfc~r,r~~,nce of the ~,ror°l; requi red by this 1`~.greement no person having any such i r ~.ere.,t _;fr: 11 L~ ~.~ ~;~1 v~ ca. (~t.~Z~ iG. XXII. FI~IDIP;GS CJ^lFIDEPiTIAL. Any. reports, inforn~ation, data, etc., given to or prepared or assembled by the Consultant under this Agreement which the County requests to be H:ept as confidential shall not be made available to any individual or organization by the Consultant t~~ithout the prior written approval of the County. XXIII. OF(=ICIALS I;OT TO BEPaEFIT. ~o members of or delegate to the Congress of the United States of America, and no Resident Commissioner, shall be ac~nii.:ted to any share or part thereof or to any benefit to arise therefrom. XXIV. IDEi~TIF1CATI0'a OF DOCU~IE(`;TS. All reports, and other documents rc mpleted as a part of ti~is Agreement, other than documents exclusively for internal use within the County, shall carry tl~~ fol l o~vi ng notation on the front cover or a title page (or, in the case of maps, in the samo block): F.Y. 1970-71 Project D~1745 t•taster Plan and f'.enort Sr~reet~~rater Rogioi~al Parr. San Diego Bay to S~~,eet,•fater Dare Portion together with the date (month and year) the docunrerit t•ras prepared, ancE the nar:~e of the Gounta~ of San Diego. XXVo Cn,"aftI(;FiT., '(cf reports, ~r:dr~ or o`~4inr dcc±.r!r.e~;'~s produced in whole or in part under this P,gr~~~mcnt shall be the subject of an appl~catlon for copy- right b;~ or on bef~al f c?f the Consultant. (Q ~ 1. 1 13. ItJ Lv'ITTdESS 41HEREOF the County and the Consultant have executed ti~i s Agreement as of the date first above ~~rritten. COUNTY OF SAt~ DIEGO By G erk of tine Eoard of Supervisors r "~ ~. P~LT/~l~iEf?5/S~UTH~~!tSi IdC. -~__._ ~/~~~ ~ ~ Cis%, - ~ '°=- ~'~.'-~'-% ,.~ ae~ co.-:., Y .. JOi1ES/PETEF~SO'~J i~ ~SOCIATES i.i~i~ APPF:OVIIL RECOiii iEtdUED ~7~~'T~5(~, ~',f;~~~U~VEL Pi~Ei~~T DIVISIOtd ~ ~ COUidTY OF SAt~ DIEGO °113LI~i;. ~Jvi[:S ~',[)~ iIi+IS~f fv4TOR AFf'ROVED AS TO FORM: ROC?Ef~T G. CitRiZ'r_Y Count)' Coun,ci Eiy fE Gfi,=~ti ~`ti• .. ,. J.. 4:: ~i>St, CrOUflt~ ~~OEi (1 `_.C~ W l