1985-092-Authorizing The Execution Of A Contract For Initial StudiesRESOLUTION NO. 1985-92
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, County of Santa Clara,
State of California, that the TOWN OF LOS GATOS enter into Contracts for Initial
Studies with Mindigo & Associates, Environmental Science Associates, Inc., Larry
Seeman Associates, and Earth Metrics, Inc.
FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, that the Mayor
is authorized and directed to execute the attached four contracts for Initial
Studies, in the name and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular — meeting of the Town Council of
the Town of Los Gatos held on the —17th day of June 1985, by
the following vote:
AYES: COUNCIL MEMBERS Eric D. Carlson, Terrence J. Daily, Brent
N. Ventura and Mayor Joanne 6enjamin....
NOES:
ABSTAIN
ABSENT:
ATTEST:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
None
None
Thomas J. Ferrito
SIGNED:
CLERK OF THE TOWN OF - LOS GrS
'
CONTRACT FOR L@ITIAL STUDIE6
(CALIFORNIA GNVIRONMENTHL Qi��-ITY ACT)
by the Town of Los Gatos <Town) and ...........................................
<Consultant),
The Town, a public agency, is subject to the provisions of the California
5nv1ronmental Quality Act. To meet the requirements of the Act tte Town wants to
have initial studies (Title 14, California Administrative Code' Section 1SO8O)
made nn its behalf,
The
Consultant
is in the
business
of making
soch studies,
The Parties agree::
1^ During the term
of We contract
the
Consultant
will
arePare for the !own
as many initial
studies as
the Town
requests.
2. There is no
Promise
of any
maximum or
minimum
number
af initial study
assignments"
In
dete,'mining
whether
it can deliver
the maximum number of
studies the
Town
might re9uest,
the
Consultant
relies
on its knowled]e of
the needs of
the
Town and
of the Town's
history
of Projects
requirin,
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 Uhe schedule'
he/she will tell the Planning Director before accepting the assignment.
4. On receiving an assignment, the Consultant will PromPtlY do the work, If
consultant,
(continoed on Page two)
I�ITIAL STUDIES C� �ACT
Page Two
E. To perform each initial stOy the Consultaot
will meet and consult with
members of the Town staff' visit the Project
site, obtain information
from the applicant and all otter reasonably
available soorces, Present
his/her recommendations to the Development
Review Committee (8110)
meeting, attendance at the DRC meeting which
may he required by the
Town
and Prepare either a negative declaration or
a list of subjects to w|,ich
special attention should be given in a draft
environmental impact rePort.
6" For each initial study, the Town will pay the
Consultant a $400,00 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 fonmer instance the
PlanninO Director may set a lower fee and
in the latter the Consultant,
before accepting the assi9nment, 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, 1986"
8owever, the Consultant may terminate his/her
obligation to accePt
assignments if Wshe gives the Planning Director
16 daYs written notice
of termination.
(con�inued on Page three>
INITIAL GTUDIES Cc (ACl
PaBe Three
8, !To Town will give the Consultant access too all of the information it
has concernino Projects for which assignments are sade" If performance
by the Consultant is impossible or unreasonably difficult becauoe 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 confibential, regardleys of whether the
information might be made public by someone other than the ConsuItant.
10. All material and all comPi1aiions of infornxOtion produced by the
Consultant specifically to Perform this contract are and remain the
property of the Town reqardless of whether ii is re9uired 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 studiey
(continued on page four)
INITIAL STUDIEG C� lACT
Page Four
Consultant must decline
assi�nments
ow the Qrounds
of conflict
o?
interest when the Consultant
(1) has �one
work f�r
the
aPPlicant
for
Project aPProval witkin
the Prece�in�
vear, or is
then
doing
or
reasonably exPects to do
for the
apPlicant,
or (2)
when
t�e
Consultant has done' is
doing or reasonably
expects
to
do work
for
scmeone ot�er than the Town
concerninQ
the pro�ect
to
be s�udied"
For
the PurPoses of this Part
13, (1) a sole
Pro9rietorshiP
or
business
organization re1ated to
the Conyyltant
is considered
to
�e
the same as
t�e Consultant/ and a sole proPrietorshiP
or business
orUanization
related to an ap�licant
is cansidered
to be the
same as
�he
apPlicant,
(2) past, present or future
work for the
Town itself
is
not
grounds for
disqualification whmn the
project is one
proPosed
to be
Performed
by �he
Town' and {3) re1a�ed"
means having'
or having
formerly
had'
any
iCl entity of ownership or
management.
TOWN OF LOG GATOS
OF T� TOWN
APPROVED AS TO FDRM:
PLNO1:CONTRACT