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1989-025-Authorizing Agreement To Prepare A Comprehensive Open Space Study For The Blossom Hill AreaRESOLUTION NO. 1989-25 RESOLUTION AUTHORIZING AGREEMENT TO PREPARE A COMPREHENSIVE OPEN SPACE STUDY FOR THE BLOSSOM HILL AREA RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the TOWN OF LOS GATOS enter into an Agreement to prepare a comprehensive Open Space Study with TITO PATRI AND ASSOCIATES, as per Exhibit A attached hereto, and that the Town Manager is authorized, and is hereby directed, to execute said Agreement in the name and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a regular meeting held this 21st day of February 1989, by the following vote: AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito Brent N. Ventura, Mayor Joanne Benjamin NOES: COUNCIL MEMBERS Robert L. Hamilton ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: 6 ��yt AYOR OF HE TOWN OF OS GATOS ATTEST: Wfias y Le, 7'-u2'�i � CLERK OF THE TOWN OF LQ GATOS PLNOI:T'C 2122 #3 AGREEMENT THIS AGREEMENT is made and entered into on February 21, 1989 1989, by the Town of Los Gatos (TOWN), and Tito Patri and Associates (CONSULTANT). The TOWN desires to contract for the preparation of a comprehensive Open Space Study for the Blossom Hill Area. The CONSULTANT is willing to perform such professional services upon the terms and conditions herein set forth: THE PARTIES DO HEREBY AGREE AS FOLLOWS: SERVICES 1. CONSULTANT shall perform those professional services described in the "Scope of Services" and fees attached as "ATTACHMENT I" and "ATTACHMENT III ", except that attendance at meetings is now attendance at a maximum of four daytime meetings and six nighttime meetings. The final work product shall be as described in ATTACHMENT III. 2. CONSULTANT costs for work performed under this Agreement shall not exceed s43,800. 3. The final draft document submitted for Public Hearing shall be completed no later than the schedule submitted as ATTACHMENT II. Date of start of work shall be measured from the date written authorization to begin is re- ceived from the TOWN. 4. CONSULTANT'S work product shall be the delivery to the Town of 50 copies of the draft Open Space Study, and 50 copies of the final Open Space Study upon completion of the Public Hearing process and incorporation of revisions as required by the Planning Commission. Both documents shall be received in such manner as required by the TOWN that the TOWN can repro- duce additional copies as may be necessary. WORK SCHEDULE 5. The time schedule for delivery of all documents as described in any Attachments shall commence from the date written authorization is received from the TOWN to begin work. It is the responsibility of the consultant to advise the TOWN that they have received all documents agreed upon from the TOWN or other such sources as has been determined previously by the TOWN. NON- PERFORMANCE 6. The CONSULTANT is not responsible for delay in delivering documents due to fires, strikes, labor disputes or other substantial cause that the CONSULTANT cannot control. The existence of such cause justifies extension of time for performance to the extent that is reasonably necessary, but the CONSULTANT must exercise diligence to complete its work. If performance by the CONSULTANT is impossible or unreasonably difficult because of failure by an applicant to provide information or refusal to permit access to land, the CONSULTANT need not perform, but must promptly notify the Planning Director in writing of the difficulty. If for any reason the CONSULTANT is more than fifteen (15) days late in meeting any of the time limits listed in any Attachment, and no time extensions have been granted by the TOWN, the TOWN shall advise the CONSULTANT in writing that the contract is void. Payment will be authorized for work completed to the satisfaction of the Planning Director. MISCELLANEOUS CONTRACT PROVISIONS %. The CONSULTANT will keep confidential any information supplied to him /her by the TOWN which is designated confidential, regardless of whether the in- formation might be made public by someone other than the CONSULTANT. All material and all compilations of information produced by the CONSULTANT specifically to perform this contract are and remain the property of the TOWN regardless of whether it is required to be, or is, actually delivered to the TOWN. The CONSULTANT may perform some of his /her obligations under this contract by subcontracting, but may not delegate his /her ultimate responsibility for performance nor assign his /her rights under this contract. PAYMENT SCHEDULE 8. Payment for services and products under this agreement shall be according to the following schedule: Upon Town approval of agreement 25% Upon receipt of the final draft study 60% Upon approval of the study and 15% resultant documents Requests for payments shall be submitted to the Town Planning Department and shall include a description of work performed for which payment is re- quested. - 2 - NOTICES 9. Any notice required to be given to CONSULTANT shall be deemed to duly and properly given if mailed to CONSULTANT postage prepaid, and addressed to: Tito Patri & Associates 1620 Montgomery Street Suite 140 San Francisco, CA 94111 or personally delivered to CONSULTANT at such address or such other address as CONSULTANT designates in writing to TOWN. Any notice required to be given to TOWN shall be deemed to be duly and properly given if mailed to TOWN, postage prepaid, and addressed to: TOWN OF LOS GATOS Planning Department P.O. Box 949 Los Gatos, CA 95031 or personally delivered to TOWN at such address of such other as TOWN may designate in writing to CONSULTANT. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed in the Town of Los Gatos, State of California. ATTEST: s CLERK OF THE TOWN OF LO GATOS APPROVED AS TO FORM: AR JO L . ' GER, WN ATTORNEY PLNOI:TC 22A #3 - 3 - DATE: � —1 C7 -Z2 TOWN OF LOS GATOS By: TOWN A R DATE: t`Y %j CONSULTANT TITO PAT SSOCIATES By: VV VGJ ;