HomeMy WebLinkAboutReso 1989-15325 Revised 10/5/89
RESOLUTION NO. 15325
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA~ BUD GRAY AND THE SAN DIEGO NATIONAL SPORTS
TRAINING FOUNDATION FOR PROFESSIONAL CONSULTANT SERVICES
FOR OLYMPIC TRAINING CENTER PROJECT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the attached agreement with Mr. Bud Gray,
Planning Consultant, and the San Diego National Sports Training
Foundation is for temporary professional planning assistance to
allow the City to process, in a timely fashion, plans for the 150
acre Olympic Training Center located between Hunte Parkway and
Lower Otay Reservoir, and
WHEREAS, it is impractical to go to bid on this
agreement for professional services in that the project is a part
of the general EastLake project which Mr. Gray has worked on for
the City and it would be unreasonable to bring a new consultant
in the middle of this process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and BUD GRAY and
SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION for professional
consultant services for the Olympic Training Center Project,
dated the 10th day of 0ctobeP , 198 , a copy of which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.~
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
~orge KremF1, DFr~ctor of
tPlanning
~2a
Resolution 15325
SSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
,~dlifornia, this lOth day of October, 1989 by the following vote:
AYES: Councilmembers Malcolm, McCandliss, Moore, Nader, Cox
NOES: Councilmembers None
ABSENT: Councilmembers None
ABSTAIN: Councilmembers None
ATTEST:
Beverly/A. Authelet, City Clerk
'TATE OF CALIFORNIA )
}UNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15325 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the lOth day of
October, 1989.
Executed this lOth day of October, 1989.
~eve~}y A.' Adthelet,~ City Clerk
· CONTRACT FOR PLANNING SERVICES
MEREAS, the CITY OF CHULA VISTA is presently in need of professional
planning assistance to assist in the technical analysis and evaluation of the
Olympic Training Center project; and
WHEREAS, the CITY O~ CHULA VISTA has previously retained MR. BUD GRAY
OF BUD GRAY AND ASSOCIATES, an independent planning consultant, to provide
professional planning analysis and evaluation of the Eastlake III Planned
Community Development of which the Olympic Training Center is a part; and
WHEREAS, 'the~'s6ai'~i~h~complexity of the Olympic Training Center
project requires the CITY OFCHULA VISTA to retain an independent planning
consultant for the purposes of critical review, analysis, evaluation.
preparation of reports, plans and development standards with respect to said
project and coordinating the related efforts of various CITY departments and
service agencies; and
WHEREAS, it is appropriate that the ~pplicant for various planning and
develop~nt permit approvals in conjunction with the Olympic Training Center
project bear the cost of an independent planning consultant's services due to
the need of review of said proposal created by the proponent's application in
accordance with the CITY OF CHULA VISTA'S full-cost recovery program;
NOW, ll~EREFORE, BE IT ~ESOLVED that the CITY OF CHULA VISTA; MR. BUD
professional planntn consulta.t; a.d the
I FOUNDATION, do her~ty mutually agree as
~ follows:
~ I, PARTIES:
The parties to this agreement are the CITY OF CHULA VISTA, a municipal
corporation (heroinafter referred to as "CITY"); MR. BUD GRAY, e
planning consultant acting as an independent contractor (heroinafter
referred to as "CONSULTANT"); and the SAN DIEGO NATIONAL SPORTS
TRAINING FOUNDATION, a non-profit corporation, the applicant for
"" various discretionary approvals in conjunction with the Olympic
Training Center project (heroinafter referred to as "APPLICANT" or
"PROjECT APPLICANT").
II. OLYMPIC TRAINING CENTER PROJECT:
The term "Olympic Training Center project" as referred to hereinbelow
means that SPA Plan on file in the Office of the Director of Planning
~nd which is located generally southerly of Orange Avenue, westerly of
OLay Reservoir and contiguous to Eastlake III.
Ill. INTE~T OF THE ~ART_,_,.,_,,__,,_~__S:
It is the ~ntent of the CITY, CONSULTANT, and APPLICANT that
CONSULTANT work solely for the CITY and perform the tasks outlined
heretnbelow associated with the Olympic Training Center project to
assist the CITY in providing the project guidance and reviews which
are appropriate for a proposal of the type submitted by APPLICANT in
accordance with applicable provisions of State law and the Municipal
Code of the CITY OF CHULA VISTA. CONSULTANT'S obligation, as provided
further hereinbelow, iS to expedite the review, analysis,
negotiations, coordination of reviews, and preparation of various
recorm~endations to the CITY Planning Commission and the CITY Council
with respect .to APPLICANT'S proposal. APPLICANT'S duties are
generally to provide payment to the CITY for the planning review
..ices provided by t,e CITY,S CO,SULTA,T ,.d, f.rther,
such information, applications, etc., as may be otherwise u
CONSULTANT and CITY staff to fully and adequately review the Olympic
Training Center project in accordance with the applicable provisions
of the Municipal Code of the City of Chula Vista and the Chula Vista
General P1 an.
IV. OBLIGATIONS OF CONSULTANT:
CITY, pursuant to this agreement, h~reby contracts with MR. BUD GRAY
(CONSULTANT) to act on its behalf directly and indirectly and in
conjunction with CITY staff in providing the following scope of work:
A. .SCOPE OF
Staff critical review, processing, analysis, and recor~.endattons
with respect to the APPLICANT'S request for various approvals for
the Olympic Training Center project, including, but not limited
to, the following:
1. Planned community zoning and development regulations;
2. A sectional development plan (SPA), tncl udin' all component
plans and documents thereof for the Olympic lraining Center
project;
3. Public facilities financing plan|
" 4. Development agreement;
~ 5. Precise plan;
6. All further permits, approvals, or applications for
entitlement which the CITY must consider in order to
', approve, deny, or conu~tlonally approve APPLICANT'S
~i.. appltcat on.
: CONSULTANT ~hall perform the scope of work described hereinahove
;:md in dotn~ sn shall review, analyze, critique, and make
recommendations regarding the various discretionary approvals to
the CITY MANAGER, or his designee, sought by the APPLICANT.
V. COORDINATIOI~ OF PROJECT REVIE.W.:
Pursuant to this agreement, CITY shall authorize CONSULTANT to
!. .-
coordinate and expedite, subject to the concurrence of the City
Manager or CITY, all such CITY departments or other governmental
agencies as may be necessary to undertake the activities, tasks,
reviews, and analyses set forth hereinabove associated with such
development project reviews, for the purpose of streamlining the
CITY'S consideration of said project and avoiding unnecessary delays
in review, duplication of work as between various CITY departments,
and other inefficient expenditures of staff time.
VI. ,ADMINISTRATION OF CONSULTING CONTRACT:
The CITY hereby appoints its City Manager, or his designee, as the
CITY'S representative in the review and administration of the work
perforn~d by CONSULTANT pursuant to the terms of CONSULTANT'S scope of
work. CONSULTANT and CITY MANAGER, or his designee, shall meet as
necessary for the purpose of discussing the project.
VII. PROJECT SCHEDULE AND SUBMITTAL DATES:
The CITY hereby authorizes CONSULTANT to negotiate with APPLICANT a
schedule for the preparation and processing of APPLICANT'S submittal,
as well as estimated hearing dates, subject to the CITY MANAGER'S
concurrence. CO~4SULTANT shall further coordinate the efforts of
various CITY departments in negotiating cooperative efforts associated
with the Olympic Training Center project as well as hearing schedules.
CONSULTANT shall perform the scope of work described heretnabove and
in doing so shall review, analyze, critique, and make recommendations
~ega~dtVg the various dtscretionar approvals to the CITY MANAGER, or
is es gnee, sought by the APPLIC~T.
IX. ACCESS TO CITY FACILITIES:
The CITY shall permit 'access to its facilities by CONSULTANT
throughout the term of the contract.
X. OBLIGATIONS OF APPLICANT:
Shall promptly remit to the CITY payments upon receipt of invoices for
the amnunts set forth and following the times provided in Paragraph
XIII hereinbelow.
XI. A_.~PP~ ~N_T.T'S SUBMITTAL OF MATERIALS:
APPLICANT shall provide such information as necessary, pursuant to the
terms ah,] conditions hi' this agreement and the herein described scope
of work for the CITY and CONSULTANT to review APPLICANT'S proposal.
excepting therefrom any business or trade secrets or othenvtse
proprietary business information held by APPLICANT.
XII. TERM:
This agreement shall become effective upon execution as authorized by
the Mayor of the CITY, or his desionee, and shall terminate, .if not
terminated pursuant to the provisions contai ned heretnbelow in
Paragraphs XVI, XVII, or XVIII, or otherwise extended by all parties,
on March 1, 1~90, or at. such time as the City Council takes final
action on the permits,: approvals or applications for entitlement
sought by the applicant../::I.
XII[ COMPENSATION:
The compensattonLto be paid by CITY to CONSULTANT shall be $100.00 per
hour for each hour worked. CONSULTANT shall submit monthly invoices
to the Finance Director of the CITY which shall be due and payable
.'~ within 30 days. The APPLICANT agrees to pay the CITY upon demand the
:~ total sum billed by the CONSULTANT each month for the duration of this
agreement. Notwithstanding the above payment schedule, all monies
: shall be due and payable within 30 days of invoice, except as provided
., for hereinbelow with respect to cancellation at the convenience of
· ~ CITY or for reasons of nonperformance. The parties estimate that the
'!:i total compensation to be paid CONSULTANT will not exceed $29,000.
~ APPLICANT shall have no further obligations under this Agreement to
:~'e pay CITY for CONSULTANT'S invoices in excess of $29,00. If such
invoices exceed such amount, CITY, CONSULTANT and APPLICANT shall meet
and confer to arrive at a mutually acceptable agreement for completion
of CONSULTANT'S work, if any, and payment for CONSULTANT'S invoices in
excess of $29,000.
! XIV, CITY ADMINISTRATIVE OVEPHEAD:
h fee to CITY as CZTY'S
e A
admlntstrattvo overhead incurred in the administration of this
agreement, The APPLICA~IT agrees to pay the CITY upon demand the
adm~nl strative overhead fee billed by the CITY each month for the
duration of this agreement,
XV. Zt~EREST OF CO~S__ULTANT:
CONSULTANT presently has and shall acquire no interest whatsoever in
, the Olympic Training Center project, the subject matter of this
Cqreement, direct or indirect, which would constitute a conflict of
interest or give the appearance of such conflict. No person having
any such conflict of interest shall be employed or retained by
!~!~ CON3iaI.TANT under this agreement, CONSULTANT specifically certifies .... '-
that neither CONSULTANT nor any other person employed or retained by
CONSUI.TANT i$ employed by the SAN DIEGO NATIONAL SPORTS TRAINING .~,
FOUNDATION. CONSULTANT specifically certifies, in addition,
that no promh~ of future employment or other consideration 'of any
kind has been made to CONSULTANT or any employee, agent, or
representlttve of CONSULTANT, by the APPLICANT, any employee, agent,
h or representative of the APPLICANT, regarding the subject matter of
.,~./ thls agrae~nt, or any future project in which APPLICANT has an
st, intermit,
.or eond.ct business for third parties which may be in
CONSULTANT'S responsibilities under this contract.
CONSULIANT may not solicit business during the term of this
contract which conflict with a~s or her responsibilities under the
'!" contract, '.
HOLD HAP, MLESS ~!~! ~i~j.~"..'
CONSULTANT alrees to indemnify and hold harmless the CITY from and
against all iabtltty, cost and expense (including without limitation
attorneys' fees) arising from loss of or damage to any property
whatloever or injury to or death or any person whomsoever caused or
octasSorted by the negligent act or omission of CONSULTANT or any agent
or empl,lyee of CONSULTANT, arising out of or in connection with this
agreement or the wo~'k to be performed by CONSULTANT hereunder.
XVII, TERMINATION OF ~GREEMENT FOR CAUSE:
If, through any cause, CONSULTANT shall fail to fulfill in a timely
and proper manner his obligations under this agreement, or if
CONSULTANT shall violate any of the covenants, agreements, or
stipulations of this agreement, CITY shall have the right to terminate
this agreement by giving written notice to CONSULTANT of such
termination and specifying the effective date thereof, at least five
(5) days before the effective date of such termination. In that
h
event, all finis ed or unfinished documents. data, studtee, surveys,
drawings, maps, reports, and other materials prepared by CONSULTANT
shall, at the option. of CITY, become the property of CITY, and
CONSULTANT shall be entitled to receive Just and equitable
compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of notice of termination,
nPt to exceed the amounts payable under Paragraph XIII hereinabove.
XVXIX. TERMINATION FOR CONVENIENCE OF CITY:
CITY may terminate this agreement at any time and for any reason by
giving written notice to CONSULTANT of such termination and specifying
the effective date thereof, at lesst thirty (30) days before the
effective date of such termination. In that event, all finished and
unfinished documents and other materials described in Section XVI
i, heretnabove shall, at the'option of CITY, become CITY'S sole and
exclusive proper:y. Zf the agreement is terminated by CITY as
i- provided in this paragraph, CONSULTANT shall be entitled to receive
Just and equitable compensation for any satisfactory work completed on
such documents and other materials to the effective date of such
termination. CONSULTANT hereby expressly waives any and all claims
for damages or compensation arising under this agreement except as set
h
forth in Paragraph XIII heroinabove in t e event of such termination.
· ~ ... XVIX. TERMINATION AT THE REQUEST OF APPLICANT:
APPLICANT may terminate APPLICANT'S obligations with respect to this
agreement at any time and for any reason by giving written notice to
CITY of suchintent.to'terminate said agreement and specifying an
O
effective date of such .termination at least thirty (3) days before
the date'of termination.'. In the event that APPLICANT shall terminate
the terms of this agreement, APPLICANT shall remain liable for all
~':,~. work undertaken up to and including the effective date of said
'=~.~7~ termination...for whichCITY shall be entitled to receive Just and
,:.: eq.ttable compensatto.' o .ork perfo. d by
"": due and owing pursuant a heroinabove.
XX. ASSIGNABILITY: . :':
CONSULTANT shall not assign any interest in this agre~,,~nt, and shall
.,.,, not transfer anX interest tnthe same (whether by asstgn~nt or
novation). without prior written consent of CITY; provided, however,
that claims for money due or to become due to CONSULTANT from CITY and
~ APPLICANT under thi~ agreement may be assigned to a bank, trust
company. or other financial institution without tuch approval. Notice
of such assignment or transfer shall be furnished promptly to CITY.
Any assignmn~ requiring approval may not be further assigned without
ClT approval ..
'~ XXI. ~NERSNXPm PUBLXCATXOM, REPRODUCTION AND USE OF MATERIALs
All reports" studies, (nfomation. data, ttatistict. foms. designs,
planh 2rocedures, systems, and any other matertal~ or properties
produce under this agree~nt shall be the sole and exclusive property
of CITY. No such materials or properties produced tn whole or tn part
pr vat use, or
~..,.< under this agree~nt shall be subject to i e copyrights,
'~, patent right by CONSULTANT in the United States or tnany other
.~ ' country without the express written consent of CITY. CITY shall have
'~'. unrestricted authority to publish, disclose (as may be limited by the
provisions of the Public Records Act). distribute, and othe~ise use,
copyright or patent, in whole or tn part, any such reports, studies,
data. statistics, foms or other materials or properties produced
under this agreement.
XXII. I)iDEPE)IDE)IT CONTRACTORI
CITf ts tntorncel only (n the results obtained. and CONTRACTOR shall
perfom a~ an lndupendent Contractor with sole control of the manner
.,. .
CITY mintsIns the right. only 'to reject or .
work pro~ct el each ,l~se of this agreement ts completed. CONSUt. TANT
ind IrQr of CONSULTANT $ Illhale Implr/ees, or representatives Irle -for
all purposes under thls Igrtemente In Independent contractor, Ind
CITY, and no · of them s all
shall not be deemed to be an employee of n h
be entitled to any benefits to ~fch CITY eployees are entftled,
tncludtn but not limitel to overtime retirement benefits, worker's
cospensa~[|on beneflts~ tnJur7 ~eave, or other leave benefits,
xxzI. CHANGES:
CiTY mat frm' tie .to tie require. changes in the scope of the
services by CONSULTANT to be. performed under this agreement, Such
changes, including any .increase 'or~ decrease in the amount · of
CONSULTANT'$ comFensetton-vhtch are mutually .agreed upon by CZTY,
CONSULTANT, and APPLI~- shall.- be .effective as. amendments to thts
agreement only M~n in vHttng, ... . .
ZN IIITNE:SS liHEREOF, 'CZT~, CONSULTA~ and APPLICANT have executed 'this
,lgg.
Contract for Planning Services (agreewrit) thts lg day. of October 8
·
y} r x,
CONSULTANT:
BY: ~
APPLICANT:
SAN DIEG ATIONAL SPORTS TRAINING
A Non- Corpg. att on
~PC 6577P
ATTACHMENT A ·
,- ~ '~./', t~, , ,~,,~ , ~
. .' .~'!.'~:,~.<-~,,:~.,~'I'., :., ,, ,. OTC SCOPE OF WORK "
Tasks an~ H0u~S '(Est~mate}~ '-
Z.Rev~e~"an~ ~aluat~on of SPA P~n, Pub3~c FactSrUes F~nandng P}an
and Develop~nt Agreement
' ~ ', ~ % '~ .: . ",,
' '~,,;~, EsUmated T~me:' 20 hours '~':;
2. 'Meetings .and telephone conferences with applicant and others throughout
project., -, ,.+:
Estimated Time: 16 hours
3. Discussions with other public agencies and co~unity groups to obtain
counts and reco~endations.
Estimated Time~ 16 hours
4. Evaluation of design, proposed improvements. ~ervice impacts and other
issues with City departments.
Estimated Time= 20 hours
5. Fomulatton of design, planning, environmental, engineering and other
public facilities. and services conditions with city departments,
' Estimated Time= 40 hours
6. Preparation of preliminary report to evaluate plan, identify
specify conditions and reco~endattons.
Estimated Time= 60 hours
7. Review and discussion of preliminary report with city departments.
Est(mated Time= 16 hours
8. Review and discussion of preliminary r~port with department heads and '~:~'
City Manager.
EsUmated Time: 8 hours .... .
,,~ ,:~
Page two
OTC Scope of Work
9o staff report with supporting documentation to
tnclude.resoluttons.!condtttons. legal ads, publlc heartrig graphics.
;', :t ? ;, :.~.,EsUmated T~:= ;, 60 hours
10. ubllc'Hearfngs byPlann~ng Comtss~on and C~ty Council on SPA Plan,
Publlc Facilities Financing Plan and Development AgreemenL
' ' .':;':;~,:~,: sttmated Tf~: 12 hours
11. Pre~arat'to'~.Of cloSing*files, off(ctal maps. resolutions, other docu~nts
and distribution. ~J~. ,:,,.,
E
';. ';",:., sUmated T~m:' 24 hours
~.']: ':~., t~;~"~:.*r~Total EsUmated Hours: 292 at $100 · $29.200