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Home My WebLink AboutReso 1989-15337 Revised 10/13/89 RESOLUTION NO. 15337 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARYANN MILLER FOR ENVIRONMENTAL REVIEW SERVICES, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista and the County of San Diego have entered into a Memorandum of Understanding (MOU) for the preparation of development plans and environmental documents for the Otay Ranch Project, and WHEREAS, as part of the budget for the joint staffing for this project, the City's Environmental Review Coordinator is spending 1/2 time at the Otay Ranch Project Office and 1/2 time at the Planning Department, and WHEREAS, there is a need to "back fill" this 1/2 time in t~e Planning Department which position would, in effect, be paid the Baldwin deposit fund. 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 MARYANN MILLER for environmental review services dated the 17 day of October , 1989, 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. 9~r 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. BE IT FURTHER RESOLVED that the sum of $36,651.00 is hereby appropriated from the unappropriated balance of the General Fund. Presented by Approved as to form by / ~x ctor of · omas J. H/ai~on, City Attorney ~nning ~ / 6360a Resolution 15337 ,SSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of October, 1989 by the following vote: AYES: Councilmembers Malcolm,McCandliss, Moore, Nader, Cox NOES: Councilmembers None ABSENT: Councilmembers None ABSTAIN: Councilmembers None c . yor ATTEST: Beverly AfAuthelet, City Clerk rATE OF CALIFORNIA ) ~OUNTY 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. 15337 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 17th day of October, 1989. Executed this 17th day of October, 1989. Bevei-ly A. Authelet, City Clerk CONTRACT FOR ENVIRONMENTAL REVIEW SERVICES WHERKAI, the City Of Chuls Vista is presently in need of additional professional environmental review services by contract to staff the work lo~d of the ~nvironNntll gection of the Plinninq hpir~nt ~IR~S, th~ City*s tnviron~ntsl Review Coordinator is ~rticip~tin9 one-half ti~ in the Joint City of Chula Vista, County of San .DleVo Otsy Ranc~ Project in accordance with ~randa of Unde~tandin~ and project budgecJ and, ~~S, the Clt~ of Chula Vista desires to retal~ the professional enviromntal review services of ~a Naryann Niltot fo~' the specific ~rEomnce of service~ as are heroinafter set forth. N~, THI~PO~, II IT ~IOL~D that the City of Chula Vista and Ns. Naryann Nillet, lnviro~ental Consultant, do hereby mutually agree aa foll~st ~e parties to thee A9ree~nt are the City of Chula Vimta, municipal cor~ration (heroinafter referred to as "CITY")I and Naryann Nillet, an invl~mntal Consultant, vho Is heroinafter referred to am zz, I~Of TH= PARTZZ8 It is t~ intent of the CI~ and CONSULTANT that CONSULTANT accept the pr~ry professional res~nsibility for the completion of the aasigned on a t~-~-tim ~sis to do a s~cified project as assiq~nts under the fenoral direction of the Director of Plannin9 as foll~ss · ~te~lnstion of ex~ption status, · Conduct s~d/or su~lse conductin9 Initial 8~ud~es, · Pre~re end/or rowlow of stsf~ or consultant preparetion of neUstive deeleretions, · Su~lse, c~rdinete sad review the preparation of Notice Prepr~tions, Dr~ft inviromntel Impact Re~rts and Final Enviro~ntel Impact · Su~rvlse sad c~rdl~ste the preparation of CEQA findings, shy necessity st~t~nts of overridin~ considerations and mitiq~tion ~nitorinf profrm, ~nd - 2 o · Other matter· am assigned by the DIrector of Planning. COMIULTANTm· obligation ·hall Include representation of the CIT~ st various meetingse presentations, and hearings. CONSUI,TAMT shall attend all meetings and hearing~ of the Chul· Vista City Council, and the ChMla Vista City Planning Co~saission where the subject of the meetinqs or hearings relate to the environmental reviews of F, roJects assigned, x x x. W Px or The CONSULTAIfr shall, under the general direction of the DIL'ector of Plannin~ of tb~ ClYY, and the general line guidance of the Xnvironsmntal ~sview Coordinator of the r~virons~ntal Division of the CITY, undertake any necessary related studies and prepare any reports or findings assi ned pursuant to Paragraph IX. 7he COeeSULTANT shall supervise Yn · professional manner any staff members or outside consultants workin~ on the preparation of any environmental docunmnt related to matters assigned to All environmental documents shall be prepared in a professional manner meeting or exceeding current standards of the Association of Xnvironmental Professionals. B. The CONiULTANT shall refularly consult with the Director of Planning and Znvironmental Review Coordinator of the Environmental Division of the CITY, in order to facilitate the preparation of the etadies, reports and other program activities described in this Agreement. IV. _COORDINATION OF PROJZCT WORK Pursuant to this Agreement, CITY sh·l! ,~Jthorize CONSULTANT to coordinate and expedite, subject to th. concurrence of the Director of Plann'.n9, all wOrk called for under this Agreement with CITY depart·tents and other Cavernmental agencies. v. M XNX AtX0N 9r c. gN .aACT The CITY hereby designates the Director of Planning ·s the ClTY's representative in the review and administration of the work performed by CC~2ULTANT pursuant to the tens of the 8cope of Work. the parties ackP~ledge that the 2cope of Work may be updated and/or amended iron tLme to time as ~ork progresses. vx. P oJ.r r .sca vu z .oa z?Xor DATZS All of the task· assifned to the CONSULTANT under the terms of this Agreement shoMld be completed no later than June anless the completion date is extended in accordance with P·ragraph vIII. - 3 - vII. The CITY shall [MrnXt access to s work spece, Xts fscXlXties, flies and records by COWlULTArr throughout the term of the contract. Viii. This Aqr~Mnt mhmXX mgthortted br the ~For of the Cl~, or him dmmtqnem, mnd mhaZX terml, nate on J~e l~, 1910, ~s City Council hereby de~egmtmm to the Director of ~ZsnnXn~ ~e sut~rtty* to grant up to three, three ~h exte~ltou Of thts-,~~t u~der t~ sam terms hersin provided, tn the event six tasks mrs not eaplmtsd by June 15, Ix. ~PINIAT~0s ~m c~nsstton to ~ ~td by CX~ to C~8ULTANT for the work called for under this AfrmmMnt shell ~ t3e.51 ~r hour. CONIULTA~ shsZZ su~tt MnthZy tnvotcms to the Director of Plsnntn9 of the CX~, Pm~nt shill ~ madm to CON8ULTANT within thirty (30) days. ~m CX~ sfrmms to pay the total s~ billed by the C~iULTA~ each ~n~ for the durmtton of this AqrmmMnt. Unless services mrs ~rfomd durtnf sn extension ~rtod pursuant to Psra9ra~ VXXI, CONSULT~*s ~nts for these ssrvtcms shall not exceed 136,6Jl,00, x. lw~MST Or ~NBULTANT CONSULT~ prmmmntXy has no busthess rmZatlo~shtp with any ~rsons or ft~s dotn9 ~stnmss within the ChuZm Vista PZannXn~ area ~tch ~uZd constttM~ s conflict of lntmrsst, or qXvo the 6~s~ance of such conflict. COSiULT~ Ny not c~duct ~s/nmss for third psrtles which ~y ~ tn conliter wtth ~MIULT~*s rss~nstbXZ&ttms under thts contract. C~IUL~ ~y ~t soZlott shy business durtn9 the term of this contract ~tch ~y ~nfZtct with his or her res~nstbtXtttms ~sr th~ contract, CONJULTA~ setsea to tnd~tfy and ~Xd harmless the CX~ from mud against aXX Xtsblltty, cost mud mx~nsm (tncXud;nq without limitation attorneys* fees) mrjstnq from Zeal of or dmu~m to any pro~rty ~sts~vmr or injury to or death of any ~rson whosoever caused or ~sstonmd ~ the nmGXJfent act or Mission of CONSULTANT or any agent or opZoysm of COMJULT~T, arising out of or tn connection with ~ts A~remMnt or the vork to h ~rfor~d by C~SULT~ hmre~dmr, xXl. TIKNXHA_TIOR Or ~PJ.~.arr rQR If, thr~ an~ caase, ~iULT~ shall fail to fulfill tn tiMlr and proof ~nner his or bet chitrations under this A~reeMnt, or if ~MiULT~ shall vtolate mn~ of the covenants, m~reeMnts, or stt~lattonm of this ~reeMnt, CI~ shall have the right to te~tnatm this ~f~eMnt b~ ftvJn~ wtrtte~ nottce to ~2UY.T~ff of s~ch te~lnatton and s~ctfTtn~ the effective date thereof at least five (~ da~m ~fore the effective dais of such termination. In that event, all finished or ~nftntshdd doc~nt, dmtm, studies, s~e~m, drmwtnfs, ~ps, re,rim and other ~tertal~ prepared br ~2~LT~ shall, at th~ option of the CI~, becoM the pr~rtr of t~ CITY, and ~iULT~ ahalX ~ entttle~ to receive ~ust and equitable Inaatton foT any ~rk satisfactorily c~leted on m~h d~ants ~d other ~tertalm up to the effective dmte of notice of temJnatton, ~t to exceed the a~unte payable under Para6ra~ X ~reJaa~. XXXX. ~XNATX~ ~ ~I~K or ~XTY Cl~ m te~tnate this Aftmeant at an~ tim and for 'any reason b~ f[vtnf s~ciftc ~/tten notice to CONIULTA~ of such te~inati~n and s~ctfrtne e effective date thereof, at least thirty (30) daFm hfore ~ eff~tive date of such testnation. In that event, all finish~ and ~finis~ d~lnts and other Mterials demcrthd in Paragra~ XlI ~reina~ve shall, at the option of CI~, ha CI~*s mole and exclusive pro~rty. If the A~reeNnt tM ~ina~ ~ CI~ as pr~ided in this paragraph, ~NSULT~ shall h entitled to receive Just and equitable and other mterials ~' ~e of such termination. C~2ULTAff hereby exp~smly waives any ~,J all claims for deegee or c~nsaL~ attain9 MMer this A6reeMnt except as set forth Para6ra~ X hereinane in ~e event of such termination. ~2ULT~ shall Mt limit; any interest in this A~reement, and shall Mt transfer u~ termst in the sm (whether assi6mnt or ~ation), Mit~Jt prior written consent of CITY. ~11 rs~rts, st~t~s, tnfomtton, date, ststtstt~s, fo~s, d,stqns, plsns, p~~s, systsss end shy other Mtsrials for pro rttss p~u~ ~ndsr this A~rsmnt shell pro~rty of CI~, ~ such or pro~rtiss pranced in ~ls or In ~rt ~der this ~gree~nt shall be sub~e~t to privste ~se, ~ riehts or ~tent riehts United Itstee or in any ether e~t~ ~itl~t the express written lm[t~ vl the P~blic ~rds Aet), dietribS, end otherlee gse, eo yrifht or ps~nt, In ~1~ 6r In ~rt, shy Igch rs~rts s~atistics, fo~s ~r ot~r mt$risls 6r prodtries pr~uesd under this Aqree~nt. shell f · · mtrl~tor vith sole control of the Mnner end Marts 6f ~rf~lne t~ services required under this kqree~nt. CI~ mintsins the rifht only to rsJset or aece t ~IULTA~'s ~rk p~gct(s), ~l~t~ end an of ~NIULT~T~s events, ~loy~s, ~r repUssntltl~s ars~ for a~l ~r~ses under this Agree~nt, sn irideSCent 6~trs~tor, sad to ~ ~n ~lo~e of CI~, ~ a~e of th~ shell h entitled to not limited ~ ovsrt~ ~tire~nt hnefits, ~rker' s c~nsstion ~nefits, lnJ~ 1~1~ or other lesve hnefits. CI~ my fr~ tl~ to tile r~gire chsngss In the sco~ of ~he seaices by ~IULT~ to ~ ~rfomd under this A~rseMnt. Such chsnVes, l~lgdinf shy ~acresse in the mgnt of CONSULT~T ' s c~nsstion, ~hich are ~t~llly a~reed u~n by CI~ and C~SULT~, shell ~ sffsctiv$ as ~~nts to ~his A~rs$~n~ only Zli NITWill WIIKRIOFe CZTY and C0MIULTANT have executed this Contract for environmental reviev eervioee (AVreement) thie _JJJJL day of . O~.teber ~, , lilt, CITr Oe~ CrdLA VISTA Bye ' , · CONSULTANT Approved as to form libit