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
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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.
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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
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DATE: � —1 C7 -Z2
TOWN OF LOS GATOS
By:
TOWN A R
DATE: t`Y %j
CONSULTANT
TITO PAT SSOCIATES
By:
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