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HomeMy Public PortalAboutAgreement_2013-08-20_Jacobson and Wack _Land Use Planning ConsultantCONSULTANT SERVICES AGREEMENT Environmental Services By and Between THE CITY OF TEMPLE CITY, a municipal corporation Jacobson and Wack R1V it4822-7830-4520 v] -1- AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND JACOBSON AND WACK This Agreement for Consultant Services ("Agreement") is entered into as of this 1 day of July, 2013 by and between the City of TEMPLE CITY, a municipal corporation ("City") and Jacobson and Wack, a partnership ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by a Request For Proposal (RFP), the performance of the an Update to the Teneple City Sign Code defined and described particularly in Section 2 of this Agreement. B. Consultant, following submission of a Proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Consultant was selected by the City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. D. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Consultant Services Agreement and the City Manager bas authority to execute this Agreement. E. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: SECTION I. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the RIV #4822-7830-4520 vl _ 1 _ Default provisions of this Agreement and may instead allow Consultant to continue performing the scope of services until such services are complete. SECTION 2. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services," which is incorporated herein by this reference, in accordance with the terms and conditions of this Agreement. SECTION 3. ADDITIONAL SERVICES. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit "A" "Scope of Services," unless such additional services are authorized in advance and in writing by the City Council or City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitafions set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit `B" "Compensation," which is incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed fifty-four thousand nine hundred dollars ($54,900.00), unless additional compensation is approved in writing by The City Council or City Manager. (b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -consultant contracts. Sub -consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consuhant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. RIV #4822-7830-4520 vl _ 2 _ SECTION 5. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and suoh gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, sections 16 and 17, pertaining to indemnification and insurance, respectively. SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultants guarantees and warrants related to Standard of Performance and found in Section 9 of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 7. CONSULTANT'S BOOKS AND RECORDS. (a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical tp do so; otherwise, unless an alternative is mutually agreed upon, such documents and RIV #4822-7830-4520 v] _ 3 _ records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors -in -interest and authorized representatives. SECTION 8. STATUS OF CONSULTANT. (a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. SECTION 9. STANDARD OF PERFORMANCE. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. In addition to the general standards of performance set forth this Section 9, addifional specific standards of performance and performance criteria are set forth in the Scope of Work that shall also be applicable to Consultants work under this Contract. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer R[V #4822-7830-4520 v] _ 4 _ files, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and warranties related to Standard of Performance shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Ciry. SECTION 14. CONFLICTS OF INTEREST. (a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under RIV #4822-7830-4520 vl _ 5 _ this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the scope of work under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered 'voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. RN #4822-7830-4520 v] .6- SECTION 16. INDEMNIFICATION. (a) Indemnification bti Design Professional. As provided under Civil Code Section 2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub - consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and consultants, and Consultant, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. (b) Indemnification from Sub -Consultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub -consultant /contract or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (c) City's Sole Negligence. The provisions of this Section 16 do not apply to Claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 17. INSURANCE. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance," which is incorporated herein by this reference. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this KIV #4822-7830-4520 vl _ 7 _ Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. SECTION 20. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement. SECTION 21. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. RN#4822-7830-A520 v1 _ 8 _ SECTION 22. EXCUSABLE DELAYS. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 23. COOPERATION BY CITY. All public information, data., reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. SECTION 24. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Temple City Attn: City Manager 9701 Las Tunas Dr. Temple City, CA 91780 To Consultant: Jacobson and Wack Attn: Bruce Jacobson 9530 Hageman Road, Suite B205 Bakersfield, CA 93312 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 25. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder. SECTION 26. ADMINISTRATION AND IMPLEMENTATION This Agreement shall be administered and executed by the City Manager or his or her designated representative, following approval of this Agreement by the City Council. The City Manager shall have the authority to issue interpretations and to make minor amendments to this RIV #4822-7830-4520 vl _ 9 _ Agreement on behalf of the City so long as such actions do not materially change the Agreement or make a commitment of additional funds of the City. All other changes, modifications, and amendments shall require the prior approval of the City Council. SECTION 27. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SECTION 28. MODIFICATION OF AGREEMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION 29. WAIVER. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. SECTION 30. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles. SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 32. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other Agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other Agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives. RIV #482b7830-4520 v1 _ l� _ SECTION 33. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. ATTEST: Peggy Ku City Clerk APPROVED AS TO FORM By: Eric S. Vail City Attorney By: By: its: 1� e, CITY OF TEMPLE CITY ✓`O a By: Jse,lVlido, City Manager Its: NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE RIV #4822-7830-4520 v - 11 - REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO llEVELOPER'S BUSINESS ENTITY. RIV#4822-7830-4520 v1 - IZ - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OP CALIFORNIA COUNTY OF OnfH 1%5t1D5Z 13 before me,5han7 %�u�q. personally appeared ct 3'ocs>VS6 proved to me on the basis of satisfactory evidence to be the person(wrwhose names(s) is/ae6 subscribed to the within instrument and acknowledged to me that he/she%they executed the same in his/harAheir authorized eapaeity(ieea, and that by his4io; kir signature(s)-on the instrument the person(a3; or the entity upon behalf of which the person(*) acted, executed the instrument. I cettify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. STACEY A, LOUBEY Colmniseion ! 1866574 Notary Public • California z Kern County _ M Comm. Expires Oct 2, 2013 + OPTIONAL Though c data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES} ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-fN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSONS) OR ENTITY(IES)) RIV #4822-7830-4520 vl DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 68']6 vl RN #4822-7830-4520 vl EXHIBITS "A" SCOPE OF SERVICES AND COMPENSATION JACOBSON & WACK Land Use Planning Consultants Scope of Work Below we expand on the City's scope to include tasks we believe will enhance the update program. TASK 7: REFINE SCOPE OF WORK/PROJECT MANAGEMENT We will meet with City staff to confirm objectives for the Sign Code update program, finalize the public engagement/ outreach tasks, and make any needed refinements to this scope of work. We will also discuss problems and issues associated with the existing sign provisions (including topics that need attention but are notfully addressed in the current sign provisions), and we will review and discuss format and organization alternatives. We will produce a final scope of work and budget to reflect these discussions. As part of this start-qp meeting, we will conduct a tour with City staff so staff can point out examples of existing signs they feel are consistent with the City's current policies and desire to see more of, as well as existing signs that no longer meet (or never met) City standards or design objectives. City staff will be able to explain how the good examples. were achieved and the poor examples made it to the installation stage. Throughout the work program, we will conduct regularly scheduled meetings and phone calls. with City staff to keep the project moving forward as scheduled. TASK 2: GETTING SMART -REVIEW EXISTING REGULATIONS AND CONDUCT COMMUNITY OUTREACH The Jacobson & Wack and MIG � Hogle-Ireland team will review all City documents relevant to the sign provisions update; Article L (Signs) of the Municipal Code; relevant specific plans; and any other relevant planning policy or regulatory documents. We will prepare an initial summary matrix of sign provision Issues. The matrix will identify deficiencies In the existing sign provisions, the revisions deemed necessary and appropriate to correct these deficiencies, and where the revisions will be addressed in the updated sign provisions (i.e., disposition table). The matrix can be used to track revisions to the existing sign provisions and assist in the preparation of a staff report for public hearing, leading to adoption of the updated sign provisions. The matrix will N City of Tempi© City be used to address options forthe overall sign provision framework and ensure that the resulting standards and egulations conform to the General Plan. The outreach program consists of two phases: 1) fact-finding or "getting smart" and 2) confirming. During the first phase, we will conduct a. full day of stakeholder interviews with members of the business and development communities—those folks who use the sign provisions most frequently—as well as interviews with community interest groups, City staff, and appointed and elected officials. The purpose of the Interviews is to allow us to have candid discussions and gain insight prior to the broader community engagement effort. These interviews wilI occur after we have completed our reconnaissance and existing sign provisions diagnosis. To address the presence of many Spanish- and Madarin-speaking merchants in Temple City, we would invite a City staff memberfluent In these languages to participate in interviews with people who may be more comfortable conversing in their native language. Following these interviews, we will conduct a joint study session with the City Council and Planning Commission to which the public will be invited—to provide a PowerPoint presentation of current signs in Temple City, the input received from the stakeholder interviews, and illustrated options of new approaches to signage. The issue of LED signs for on-site advertising will only be raised if City staff wishes us to do so. This first workshop will focus on asking for direction on key policy choices Identified through discussions with City staff, stakeholder interviews, aur diagnosis of the current sign provisions, and best practices. We propose a second joint study session, open to the public, to review the entire draft of the updated Sign Code (see task 4). The second workshop will be held following completion of the draft sign provisions to introduce he public and Planning Commission and City Council (in a joint meeting) to the updated provisions prior to preparing the draft for environmental review and formal public hearings. This will allow issues to surface in a less formal setting, and provide opportunities for City staff and the consultant team to prepare responses/options for consideration through the public hearing process. TASK 3: DEVELOP NEW SIGN CODE PROVISIONS We will draft updated sign provisionsto address best practices, latest technologies (e.g., LED on-site signs, if so directed by the City staff), other issues resulting from a thorough analysis/diagnosis of the existing sign provisions, and recommendations from appointed and elected City officials, and the interested public. All of the above will be evaluated to ensure that the updated materials contribute to economic development and advance the City's design quality goals. Furthermore, an unlimited number of graphic illustrations (and photographs, if desired by City staff) will be prepared to assist in the understanding of the regulations. Additionally, the City's existing sign design review application procedures/process will be thoroughly evaluated, and areas where procedures/processes could be Improved will be identified and offered for updating as needed and all of the sign -related definitions will be updated, added to as necessary, and supported by graphic illustrations. We will address all categories of signs suitable for placement in Temple City. The update process will include revising the City's sign review procedures, both for master signage programs and ndividual signs. We will prepare and deliver a complete Administrative Draft. The Administrative Draft will be reviewed by the City's Project Manager, the City Planning staff, the City Attorney, and others determined in consultation with City staff. City staff will be responsible for compiling a single, comprehensive set of comments. Following completion of the comments, staff and Consultants will meet and/ or conference call(s) to discuss the comments, answer outstanding questions, and provide direction to the Consultant team for preparation of the Preliminary Draft sign provisions update. We have budgeted for up to three cycles of review (Administrative, Preliminary, and Public Review drafts). TASK 4: TESTING THE SIGN CODE -WORKSHOP i12 Prior to formal public hearings, we plan a "test drive" of the draft Sign Code. We will ask local business owners, sign manufacturers, developers, and other interested/affected business persons (including, for example a representative from a retail chain like Starbucks) to design a signage program for their business using the draft Sign Code. We JACOBSON & WACK Lana use Planning consultants will coordinate with them to see what works and where adjustments may be warranted. We will ask these folks to participate in ajoint City Council/Planning Commission workshop—to which the broader community will be invited as well —to present their findings alongside our team's review of the draft Code with decision -makers. TASK 5: CEQA DOCUMENTATION Adoption ofthe updated sign regulations constitutes a "project" under CEQA, and environmental documentation will be required. We anticipate preparing an Initial Study/ (Mitigated) Negative Declaration. We will prepare an administrative draft document for City staff review and then incorporate staff comments to produce the public review/ hearing document. Our proposed budget for the Sign Code update project includes preparation of the Initial Study, (Mitigated) Negative Declaration, and Notice of Determination. Our scope and budget assume that City staff will circulate the document in compliance with City and State CEQA regulations. TASK 6: PUBLIC MEETINGS AND FINAL DOCUMENT PRODUCTION Planning Commission Hearings Bruce Jacobson and Laura Stetson will be available to attend and facilitate two public hearings with the Planning Commission to review the Public Review Draft documents. If desired by the City, we can attend additional hearings on a time -and -materials basis. The hearing would be preceded by discussion with staff to work out respective responsibilities and review conclusions eached at the prior hearing, to the extent that "debriefing" did not occur immediately after the preceding hearing or atervia telephone. During the hearing, we will provide supportfor Commission and public review by presenting the Public Review Draft documents in a fashion desired by the staff and the Commission, being available to answer questions about proposed provisions, discussing possible changes, and drafting revised language in response to staff or Commission direction for consideration at the current or ater hearings. The consultant team will be responsible for preparing hearing presentation materials. Proposal for Sign Code 5 JACOBSON & WACK Land Usc Planning Consultants City Council Nearing Bruce Jacobson and Laura Stetson will be available to attend and facilitate one public hearing where the City Council considers the adoption of the Public Review Draft documents. If desired by the City, we can attend additional hearings on a time -and -materials basis. As was the case with the Commission hearing, we will provide support for Council and public review by preparing presentation materials, presenting the Public Review Draft documents in a fashion desired by the staff and the Council, being available to answer questions about proposed provisions, discussing possible changes, and drafting revised language in response to staff or Council direction, for consideration at the hearing. Example of a Sign Code Matrix Screencheck Final Sign The Screencheck Final regulations will be prepared and provided to the City to verify that all Council directed changes to the Public Hearing Draft documents have been properly completed, and that all final graphics are acceptable. Final Sign Regulations and Guidelines The Final documents will be prepared and submitted to the City in electronic format. Table 153.170.060 Sign Regulations by Zone Maximum Maximum i Maximum `tone '.Sign Type Number Sign Area - Height ` Notes R -G and Monument 1 24 sf 4 it R-3 Wall 1 36 sf 4 ft Monument 1 per frontage 32 sf 6 ft C-1 Wall 1 or more 50 at 4 ft Monument 1 per frontage 64 sf 12 ft C-2, F -C, Wall 1 or more 2 sf of sign area per linear 6 ft I -C, foot of primary building without frontage freeway Secondary Wall 1 or more 1 sf of sign area per linear 4 ft frontage foot of primary building frontage Freestanding 1 1 at of sign area per 1 linear 80 ft 1. A maximum of 1 freestanding foot of street frontage sign is permitted for lots with less than 800 linear feet of street frontage. One additional freestanding sign is permitted for lots with more than 800 linear feet C-2, F -C, of street frontage. For this I -C, with purpose, a commercial center is freeway considered a single lot. frontage 2. Additional sign face area for monument signs may be granted in lieu of use of freestanding signs, per criteria established by the Director of Community Development. Monument 1 40 sf 8 ft Wall 1 or more 1 sf of sign area for each 6 ft linear foot of primary building frontage 6 City of Temple City EXHIBIT "C" INSURANCE A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL Consultant shall provide the following scope and limits of insurance: ]. Minimum Scope of Insurance. Consultant shall maintain professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 3 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 3 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. 2. Minimum Limits of Insurance. Consultant shall maintain limits of professional liability insurance no less than $1,000,000 per occurrence. B. Other Provisions. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Consultant shall famish cert ificates and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. UV 44822-78304520 v 01 3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. R1V k4822-7830-4520 vl G2