1981-129-Authorizing The Execution Of Contracts For Initial StudiesRESOLUTION NO. 1981 -129
A RESOLUTION AUTHORIZING THE EXECUTIION
OF CONTRACTS 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 Contracts 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 1st day of June , 1981, by the
following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, P1arLyn J. Rasmussen
Brent N. Ventura and Mayor Peter W, Siemens
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS Thomas J. Ferrito
SIGNED:
MAYOR OF THE TOWN OF LOS GP,TOS
ATTEST:
CLERK OF THE TOWN OF LOS rOS
6/4/81/oh
CONTRACT FOR INITIAL STUDIES
(CALIFORNIA ENVIRONMENTAL QUALITY ACT)
This contract is made and entered into on
by the Town of Los Gatos (Town) and
(Consultant).
1981,
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 § 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 environ-
mental 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, it will tell the Planning
Director before accepting the assignment.
4. On receiving an assignment the Consultant will promptly do
the work. If the Consultant delays in a manher that is either
unreasonable or which would cause violation of any time require-
ment 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.
5/26/81/oh
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 its 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
$250.00 fixed fee, payable in the Town's next issue of warrants
following c6mpletion 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,
1982. However, the Consultant may terminate its obligation to
accept assignments if it 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 infor-
mation or refusal to permit access to land, the Consutlant need
not perform, but must promptly notify the Planning Director of
the difficulty.
9. The Consultant will keep confidential any information supplied
to it 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 its obligations under
this contract by subcontracting, but may not delegate its
ultimate responsibility for performance nor assign its
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 necessary, but
the Consultant must exercise deligence to complete its work.
13. The Consultant must decline assignments on the grounds 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 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 dis-
qualification when the project is one proposed to be per-
formed by the Town, and (3) "related" means having, or
having formerly had, any identity of ownership or management.
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Approved as to Form:
Walter V. .Hays
Town Attorney
TOWN OF LOS GATOS
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