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Home My WebLink AboutCC Resolution 8660 (Botanical Field Survey)RESOLUTION NO. 8 6 6 0 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A $600 CONTRACT WITH CHARLES A. PATTERSON TO PROVIDE A BOTANICAL FIELD SURVEY OF THE SILVEIRA PROPERTY. WHEREAS, the City Council approved a work program and funding for the St. Vincent's/ Silveira Study on April 20, 1992; and WHEREAS, the work program included $10,000 for a habitat analysis; and WHEREAS, for timely survey of plants, this portion of the study must be conducted immediately; and WHEREAS, staff reviewed the proposed consultant with the St. Vincent's /Silveira Consultant Subcommittee; and WHEREAS, Charles Patterson is familiar with the property, and has extensive experience in preparing such surveys, and can provide the requested information in timely fashion within the proposed budget. NOW THEREFORE BE IT RESOLVED, the City Council hereby approves an agreement with Charles A. Patterson, copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager and City Clerk to execute said agreement on behalf of the City of San Rafael. I, JEANNE M. LEONCINI, clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 4th of May, 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE E M. LEON 1NI, CityClerk ORIGINAL � e° PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 4th day of MAY , 1991, between the CITY OF SAN RAFAEL a Municipal Corporation (hereinafter referred to as CITY) and CHARLES A. PATTERSON (hereinafter called CONSULTANT). A. RECITALS: WHEREAS, St. Vincent's/Silveira Advisory Committee and City Council have approved a work program for the St. Vincents and Silveira Study. The Work Program includes an habitat analysis including botanical surveys of the property; WHEREAS, given timing of blooming season, staff recommends proceeding immediately with the botanical survey ahead of the overall habitat analysis; and WHEREAS, CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. AGREEMENT 1. DEFINITIONS: The following definitions shall apply to the following terms, except where the context of this agreement otherwise requires: (a) Commencement of Services: Consultant agrees to commence work immediately after the date of the signing of this contract. (b) Completion of Services: May 31, 1992 2. CONSULTANT AGREES AS FOLLOWS: (a) CONSULTANT shall undertake and perform a botanical field survey of the Silveira Property as follows: a. Review special status species known from the region b. Evaluate the likelihood of the potential occurrence of these resources on the site (See map). MCI c. Based on field reconnaissance, evaluate the presence of special status species and plant communities on the site; map their location on City base map. d. Classify special status species and habitat areas according to DFG and FWS and protections required. e. Describe/list other plant species/general plant communities found. (b) CONSULTANT shall provide the survey report to Planning staff by May 15, 1992, along with an invoice. 3. CITY AGREES AS FOLLOWS: (a) In consideration of CONSULTANT'S Agreement to perform well and sufficiently and in a skillful and professional manner the services contemplated herein, CITY agrees to pay CONSULTANT a lump sum of $500 within 15 days of receipt of the survey report and invoice. 4. CITY AGREES TO PROVIDE TO CONSULTANT: (a) 1": 100' aerial spring, 1991, photograph of the Silveira property (b) Preliminary wetlands assessment and other information as is generally available from CITY files applicable to the project. 5. OWNERSHIP OF DOCUMENTS: All documents, originals, graphic exhibits and correspondence developed or received during the course of the survey shall become the property of the CITY and shall be delivered to the CITY. 6. STATUS: CONSULTANT is an independent contractor and shall not be deemed, directly or indirectly, to be an officer or employee of the CITY. 7. AFFILIATION: During the length of the St. Vincent's/Silveira Opportunities and Constraints Study, no member or affiliate of the CONSULTANT or CONSULTANT team shall be an employee of a property owner of the two properties involved in the Study. 8. TERNIINATION: (a) The CITY reserves the right to terminate this Agreement at any time by providing written notification to the CONSULTANT. Should said notification be received by the Consultant, all work under this Agreement shall terminate, except for what minor work is required to provide the City with a clear understanding of work completed and work remaining. (b) CITY shall pay CONSULTANT all sums then due and unpaid under this Agreement, including sums for work not completed, but in preparation. Payment by CITY of such compensation shall be considered full and final settlement for all work performed by the CONSULTANT under this Agreement. (c) Upon receipt of final payment, all materials and documents, whether finished or not, shall become the property of and shall be delivered to the CITY. (d) It is mutually understood and agreed that this Agreement shall be binding upon the CITY and upon the CONSULTANT, their successors, executors, or administrators. Neither this Agreement nor any part thereof, nor any monies due or to become due under this Agreement may be assigned by the CONSULTANT without the written consent of the CITY. 9. NOTICES OF DESIGNATED REPRESENTATIVES: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 9. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: CITY: Jean Hasser, City of San Rafael Planning Department, PO Box 151560, San Rafael, CA 94915-1560 415-485-3085 CONSULTANT: Charles A. Patterson, 1806 Ivanhoe Avenue, Lafayette, CA 94549 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee 48 hours after deposit thereof in the United States mail, postage prepaid and property addressed as set forth above. 9. INSURANCE AND HOLD HARMLESS: (a) Consultant shall be responsible to provide automobile, worker's compensation, health, personal liability and such other insurance as it desires to protect itself, its employees and subcontractors, at its own expense. (b) Consultant agrees to hold CITY harmless from and against liability arising out of CONSULTANT negligence in connection with activities described in this agreement. 10. ARBITRATION: All claims or disputes between the Client and the Consultant relating to this Agreement shall be decided by arbitration in accordance with the rules of the American Arbitration Association, conducted in Marin County under the laws of the State of California. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. 11. ASSIGNMENT: No Assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without prior written consent of CITY. 12. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. ALTERATIONS: This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement and shall be approved by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT c CITY 4 &A City Manager APPROVED AS TO FORM ATTEST: CTIe City Attorney C