1982-108-Authorizing The Execution Of A Contract For Initial StudiesRESOLUTION NO. 1982 -108
A RESOLUTION AUTHORIZING THE EXECUTION
OF A CONTRACT FOR INITIAL STUDIES
(CALIFORNIA ENVIRONMENTAL QUALITY ACT)
RESOLVED by the Town Council of the Town of Los Gatos that the Mayor is
authorized and directed to execute the attached Contract for Initial Studies (Earth
Metrics, Inc.; The Environmental Center; Environmental Science Associates, Inc.;
Larry Seeman Associates).
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at
a regular meeting held on the ® Y 7th day of June
1982, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrite, Marlyn J.
Rasmussen, Brent N. Ventura, Peter W. Siemens
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
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ATTEST:
CLERK OF THE TOWN OF LOS GATOS
CONTRACT FOR INITIAL STUDIES
(CALIFORNIA ENVIRONMENTAL QUALITY ACT)
This contract is made and entered into on
9
1982, by the Town of Los Gatos (Town) and
(Consultant).
The Town, a public agency, is subject to the provisions of the California
Environmental Quality Act. To meet the requirements of the Act the Town wants to
have initial studies (Title 14, California Administrative Code, Section 15080) made
on its behalf. The Consultant is in the business of making such studies.
The parties agree:
1. During the term of this contract the Consultant will prepare for the
Town as many initial studies as the Town requests.
2. There is no promise of any maximum or minimum number of initial study
assignments. In determining whether it can deliver the maximum number
of studies the Town might request, the Consultant relies on its
knowledge of the needs of the Town and of the Town's history of projects
requiring environmental assessment. Further, the Consultant knows that
the Town is likely to assign initial studies to other consultants, and
might even assign all of its initial studies to other consultants.
3. Assignments are made by the Planning Director of the Town who will, when
he makes the assignment, tell the Consultant what the schedule for
completion will be. If the Consultant is unable to meet the schedule,
he /she will tell the Planning Director before accepting the assignment.
4. On receiving an assignment, the Consultant wil promptly do the work. If
the Consultant delays in a manner that is either unreasonable or which
would cause violation of any time requirement of statute or established
regulation, the Town may so notify the Consultant and may assign the
work to another. If that happens, the Town will not owe a fee to the
consultant.
5. To perform each initial study the Consultant will meet and consult with
members of the Town staff, visit the project site, obtain information
from the applicant and all other reasonably available sources, present
his /her recommendations at a Development Review Committee meeting, and
prepare either a negative declaration or a list of subjects to which
special attention should be given in a draft environmental impact
report.
6. For each initial study, the Town will pay the Consultant a $300.00 fixed
fee, payable in the Town's next issue of warrants following completion
and delivery of the study. However, if it is evident that an initial
study will require very little work on the part of the Consultant or if
extensive technical work will be necessary, in the former instance the
Planning Director may set a lower fee and in the latter the Consultant,
before accepting the assignment, will tell the Planning Director of the
special problems and provide the Director with an estimate and cost
breakdown of the amount of extraordinary work, and the Director may
either assign the work to another consultant or, under the direction of
the Town Manager, negotiate a higher fee.
7. The Consultant will accept all assignments made through June 30, 1983.
However, the Consultant may terminate his /her obligation to accept
assignments if he /she gives the Planning Director 15 days written notice
of termination.
8. The Town will give the Consultant access to all of the information it
has concerning projects for which assignments are made. 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 of the difficulty.
9. The Consultant will keep confidential any information supplied to
him /her by the Town which is designated confidential, regardless of
whether the information might be made public by someone other than the
Consultant.
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10. 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.
11. 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.
12. The Consultant is not responsible for delay in delivering initial
studies 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 necesary, but the Consultant must exercise diligence to
complete its work.
13. The Consultant must decline assignments on the grunds of conflict of
interest when the Consultant (1) has done work for the applicant for
project approval within the preceding year, or is then doing or
reasonably expects to do work for the applicant, or (2) when the
Consultant has done, is doing or reasonably expects to do work for
someone other than the Town concerning the project to be studied. For
the purposes of this part 13, (1) a sole proprietorship or business
organization related to the Consultant is considered to be the same as
the Consultant, and a sole proprietorship or business organization
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related to an applicant is considered to be the same as the applicant,
(2) past, present or future work for the Town itself is not grounds for
disqualification when the project is one proposed to be performed by the
Town, and (3) "related" means having, or having formerly had, any
identity of ownership or management.
Approved as to Form:
Walter V. Hays, Town Attorney
TOWN OF LOS GATOS
MAYOR OF THE TOWN OF LOS GATOS
CONSULTANT
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