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HomeMy Public PortalAboutAgreement_2013-07-16_MIG IncCONSULTANT SERVICES AGREEMENT PREPARATION OF THE 2013-2021 TEMPLE CITY HOUSING ELEMENT By and Between THE CITY OF TEMPLE CITY, a municipal corporation and MIG, Inc. I21V #4822-7830-4520 vl AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND MIG, INC. This Agreement for Consultant Services ("Agreement") is entered into as of this 16th day of July, 2013 by and between the City of TEMPLE CITY, a municipal corporation ("City") and MIG, Inc., a Corporation ("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 Planning Services to prepare the City of Temple City's 2013-2021 Housing Element 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 has 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 1. 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 v1 _ 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 limitations 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 Twenty -Nine Thousand Nine Hundred Fifteen dollars ($29,915.00), 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 Consultan t which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) Payment to Consultant for work performed pursuan t to this Agreement shall not be deemed to waive any defects in work performed by Consultant. R1V #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 such 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, Consultant's 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 to do so; otherwise, unless an alternative is mutually agreed upon, such documents and AlV #4822-7830-4520 vl _ 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, additional 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 an y maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer RN #4822-7830-4520 v7 _ 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 sem., 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 City. SECTION 14. CONFLICTS OF INTEREST. (a) Consultant covenan RN #4&22-7830-4520 vl _ 5 _ ts 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 RN #4&22-7830-4520 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. RIV 44822-7830-4520 v1 .6- SECTION 16. INDEMNIFICATION. (a) Indemnification by Desi n 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 reasonable 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 expert ise 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 RIV 44822-7830-4520 v _ 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 #4822-9830-4520 vl _ g _ 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: Laura Stetson, AICP, Principal MIG I Hogle-Ireland 169 North Marengo Avenue Pasadena, CA 91101 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/shekhey 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 an d 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 Agreement on behalf of the City so long as such actions do not materially change the Agreement RIV #4822-7830.4520 V .9- 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 #4822-7830-4520 vl _ 10 _ 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: N Peggy u City Clerk APPROVED AS TO FORM By: Eric S. Vail City Attorney By: By: CITY OF TEMPLE CITY By; Jo lido, City Manager NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE RIV #4822-7830-4520 VI - 11 - REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. RIV #4822-7830.4520 vl _ 12 _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF A\ u On AohktA p before me�6(IL W , personally appeared \6 v1 \i01lJM'l $roved tome on the basi f satisfactory evidence to be the person(s) whose names(s) is/ar ubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ eir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the e upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws true and correct. WITNESS my hand and official seal. Signature: State of California that the foregragraph is I U %� 0 6� QPTIONAL Though the data below is not quired by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachm t of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUp4L ❑ CORPO TE OFFICER TITLES) ❑ P TNER(S) ❑ LIMITED ❑ GENERAL ❑ATTORNEY -EQ -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER I5 REPRESENTING: (NAME OF PERSONS) OR ENTITY(IES)) RIV #4822-7830-4520 vl DESCRIPTIQN OF ATTACHED DOCUIVIENT TJTLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On , _before me, ,personally appeared ❑ personally known to me - OR - ❑ proved to me on the basis of satisf tory evidence to be the persons) whose names(s/to b ibed to the within instrument and acknowle that he/she/they executed the same in his/her/ted capacity(ies), and that by his/her/their signaturinstrument the person(s), or the entity upon behalf orson(s) acted, executed the instrutni ent. arrrrrc.d official seal L i./ Though the data below is not re prevent fraudulent reattachment CAPACITY ❑ INDIVIDUAL ❑ CORPORATE IN -FACT Y TURE OF NOTARY) OPTIONAL y law, it may prove valuable to persons relying on the document and could form BY SIGNER LIMITED GENERAL. GII�I:I tISREPRESENTING: 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 SIGNERS) OTHER THAN NAMED ABOVE TURE OF NOTARY) OPTIONAL y law, it may prove valuable to persons relying on the document and could form BY SIGNER LIMITED GENERAL. GII�I:I tISREPRESENTING: 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 SIGNERS) OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES Scope of Work C ()ra ru �f,#�I I< Project Approach MIG I Hogle-Ireland, Inc. proposes an efficient two-phase work plan: Phase 1 -Housing Element Preparation • Phase 2- HCD Certification and City Adoption During Phase 1, we will review the.2008-2014.Housing Element and all applicable City, regional, and State documents, including Census data, and prepare the updated Housing Element. MIG I Hogle-Ireland will communicate regularly with City staff to collect pertinent data and identify housing issues to address in the Housing Element update, including any revisions necessary to the sites inventory and housing implementation plan needed to finalize the Housing Element document. We anticipate that this update will rely on the 2008-2014 Housing Element as a starting foundation forthe sites Identification and housing policy. The resulting Administrative Draft Housing Element will be presented at a community workshop to obtain input from residents and community leaders, and modified appropriately. The revised Draft Housing Element will then be submitted to HCD forthe initial 60 -day review period. In Phase 2, MIG � Hogle-Ireland will coordinate with HCD to revise the Draft Housing Elementto respond to HCD's comments. Our scope assumes up to two rounds of HCD review for the draft Housing Element, and one round of HCD review on the adopted Housing Element. While the Element is under review with HCD, MIG I Hogle-Ireland has included the optional task of assisting the City with updates of the other General Plan Elements as required by SB 244. Once all HCD comments have been addressed, MIG I Hogle-Ireland will attend the Planning Commission and City Council public hearings to present the Final Draft Housing Element for adoption. Upon adoption bythe City, MIG I Hogle-Ireland will follow through with assisting the City in achieving State certification. Scope of Work We have prepared a scope of work based upon our extensive Housing Element experience and our understanding of what is needed for the Temple City Hogle-Ireland Housing Element. The RFP includes a comprehensive and thorough scope of work. Some of the items from the RFP scope of work have been reorganized under different tasks n this proposal to facilitate a linear approach to project completion and budgeting. We have developed a core scope that directly addresses the requirements of State aw, supplemented by optional tasks from which the City can choose to enhance the program. This allows for the mostflexibility in terms of scope of services, budget, and schedule. Based on subsequent discussions with City staff, the scope can be expanded, contracted, or otherwise modified. With regard to the ex#ent of staff involvement or staff assistance that will be required for this project, City staff wilI be responsible for providing MIG I Hogle-Ireland with needed City data, and will review documents and materials we have prepared, including the draft Housing Element and CEQA documentation. Staff will also be responsible for preparing staff reports and public notices related to public meetings, although we can perform these tasks as additional services if requested. PHASE 1 -HOUSING ELEMENT PREPARATION Task 1 -Project Initiation and Ongoing Coordination 1.7 -Project Kick-off and Work Program Refinement We will conduct a kick-off meeting with City staff to efine the work scope, identify key project team roles, and establish product review procedures. The project scope—including community outreach components and optional tasks—will be refined based on our discussions; critical project milestones and a clear projectschedule will be established. The project schedule will outline a work plan focused on achieving an adopted and State -certified Housing Element by February 2014. Housing Element Update o#the General Plan 7 ©,_,.1 Hogle-Ireland 1.2 -Ongoing Coordination/City Staff Meetings For the duration of the project, MIG I Hogle-Ireland project manager Genevieve Sharrow will conduct regular phone calls with City staff to ensure project coordination and to support close collaboration. These calls and meetings will allow the team to review project status and to discuss issues, documents, and plan presentations. This task will also include correspondence with the City to advise and respond to questions from City staff regarding completion of the required CEQA documentation for the project (to be completed by City staff). The consultant team will not be responsible for completion of any CEO.A components or circulation requirements unless requested by the City as additional services. 1.3 - SB 18 Consultation (OPTIONAL) MIG I Hogle-Ireland. has included an optional tasl<to assist the City with SB 18 consultation, as required by State law. As part of this optional task, MIG I Hogle-Ireland will provide the City with draft letters to Native American Heritage Commission and identified tribes, along with instructions for SB 18 Consultation. Telephone calls or meetings with responding tribes are not included in this proposal. 1:4 - Zoning Cade Amendments (OPTIONAL) MIG [ Hogle-Ireland has included an optional task to assist the City with completing zoning amendments to implement the 2008-2014 Housing Element. We can provide support and expertise advice to City staff, or complete components as identified by City staff. We have significant experience with code amendments and especially as related to S132 revisions. If this optional task is selected, we will provide a detailed scope and budget. Task 2 -Draft Housing Element Consistent with State Housing Element law, the document must include a housing needs assessment, an analysis of constraints to housing production, identification of resources to meet housing needs and available sites for housing development, an assessment of previous accomplishments, and an implementation plan. 8 City of Temple City 2.1 -Assessment 2.1:1 - Document Review MIG � Hogle-Ireland will review City documents to aid n understanding local conditions and the community's housing needs. Acomplete data needs listwill be provided to the City prior to the kick-off meeting. The consultant eam will be responsible for identifying and resolving any information gaps. 2.1.2 - Progress Report on the 2008-2014 Housing Element The Housing Element is required by State law to include a report on the progress the City has made in implementing the current Housing Element. Consistent with State law, we will assess the continued appropriateness of the programs and policies in contributing to the attainment of the stated housing goals. The project team will specifically assess all housing programs to determine whether existing programs were successfully implemented and to inform future policy ecommendations, The results of the 2008-2014 progress eport will be quantified where possible, but may be qualitative where necessary. The consultant team will prepare a Housing Element assessment memo/ progress report summarizing the results from this analysis and recommending specific changes to be incorporated into the Housing Element update, as well as a detailed outline for the Housing Element update, considering the findings of the Housing Element assessment memo. 2.2 -Housing Element Preparation The consultant team will prepare the components of a draft Housing Element that address the requirements of State law. In preparing the Housing Element update, the consultant will proactively identify issues, immediately bring hose issues to the attention of City staff, identify potential solutions, and coordinate with City staff as to the best course of action. 2.2.1 - Housing Needs Analysis We will complete a housing assessmentand needs analysis to comply with Government Code Section 65583(a), SB 375, and other applicable State statutes, covering specific demographic, economic, and housing topics as identified in the RFP. We anticipate updating the Housing Needs Assessment with housing and population data based on the 2010 U.S. Census, latest three- and five-year estimates from the American Community Survey, and other up-to-date City data available related to existing housing units and recent development projects. The project team will assess housing costs and conditions and evaluate housing needs within the City, including housing needs for special population groups. MIG I Hogle-Ireland will address any applicable new State laws, including SB 812, which requires an analysis of developmentally disabled persons' housing needs, in this section. The consultant team will also assess existing assisted housing developments that are eligible to change designation from low income housing to market -rate housing over the next 10 years, consistent with State law. 2.2.2- Housing Constraints Analysis The Housing Constraints analysis. identifies potential and. actual governmental and nongovernmental (e.g. physical or financial) constraints to housing production, including any constraints on people with disabilities, as required by SB 520. We will update this section as necessary with up-to-date development processes and fees, as well as changes in market constraints due to the economic changes since the last Housing Element was written. We will assess the potential for residential development consistent with adopted land use and zoning policy, as well as opportunities for energy conservation. Where constraints exist, we will suggest housing programs to mitigate or remove these constraints. 2.2.3- Housing Resources and Sites Analysis The Resources and Sites analysis will focus onsite suitability for housing, drawing from sites identified inthe 2008-2014 Housing Element. We anticipate that many of these sites will continue to be available for this Housing Element; where new sites are necessary due to project development or changes in circumstance, we will assess the areas in the City identified as most likely to redevelop at density levels that can facilitate affordable housing and prepare appropriate GIS maps. The analysis will also evaluate and include funding resources, administrative resources, and opportunities for energy conservation. ©1I ® Hogle-Ireland 2.2.4- Housing Goals, Policies, and Quantified Objectives Based on the analysis completed in the above items and building on the existing housing element, MIG J Hogle- eland will craft a Housing Plan with goals, policies, and implementation programs relative to the maintenance, preservation, improvement, and development of housing to cover this new planning period. Quantified objectives will also be established to address housing needs for all income groups, including extremely low income households. We will craft a Housing Element that responds to State aw requirements that ensure housing opportunities are available to all persons in the City; preserve and improve the existing stock of affordable housing; facilitate development of adequate housing to meet the needs of ow- and moderate -income households, meeting regional share of goals; mitigate any governmental constraints to housing production, improvement and/or maintenance; and ensure consistency with other General Plan elements and community goals. The Housing Plan will also include an implementation program including monitoring procedures and milestones for assessment purposes. 2.2.5 - Administrative Draft Housing Element The Administrative Draft Housing Element will be submitted o the City electronically for staff review. The City will be esponsible for collecting all staff comments and creating a single "comment document" from which MIG I Hogle- eland will revise the Administrative Draft Housing Element and complete the Draft Housing Element for Public Review. This scope and budget assume one round of comments and revisions. Deliverables • Administrative Draft Housing Element (one digital copy in MS Word format and PDF) • Draft Housing Eiementfor Public Review (one digital copy and 20 hard copies) Task 3 -Community Engagement State Housing Element law requires that meaningful public outreach be included as part of the update process. Based on our prior housing element work experience, we believe that the public responds best when participants can react to concrete proposals. We have found that a successful way to solicit input on housing issues is to include the Housing Housing Element Update of the General Plan 9 "h®'I Hogle-Ireland Element as an informational item at a regularly scheduled Planning Commission meeting. We recommend that the Planning Commission conduct a workshop/study session once the Draft Housing Element is complete. As part of the work scope refinement process, we can discuss with staff the most effective approach for this meeting, including opportunities to ensure the involvement of key stakeholder groups, non -profits, and the community. 3.1 -Draft Housing Element Workshop: Planning Commission Study Session The format we envision for the community meeting is a study session with the Planning Commission, combined with a public forum open to the community. An invitation template to stakeholders and relevant commissions will be provided, electronically, to City staff for distribution. City staff will identify appropriate recipients of invitations and distribute a public notice regarding the workshop. For the workshop, we will provide an overview of the Draft Housing Element, including State requirements, constraints, and programs designed to meet the RHNA, and proposed housing goals and policies. The public and Commissioners will be asked to review and provide feedback on the nformation provided. MIG I Hogle-Ireland will prepare the PowerPoint presentation forthe workshop. MIG Hogle-Ireland will submit the documents electronically to City staff for review, reproduction, and/or distribution. MIG I Hogle-Ireland will organize and lead the community workshop. Based on input from community leaders and residents, MIG Hogle-Ireland will revise and prepare a draft of the Housing Element to transmit to HCD. If comments are substantive, a summary report will be prepared, which would include a list of substantive changes to the Public Review Draftthat would be recommended to the Planning Commission and City Council. 3.2 -Interviews with Serv ice Providers (OPTIONAL) As indicated in the RFP, City staff anticipates minimal substantive changes, and therefore limited community nterest in the update. Nonetheless, the RFP requested inclusion of an option item to cover additional recommended opportunities for public outreach and 10 City of Temple Gty participation, especially as related to engagement of underrepresented communities and communities with special needs. To ensure that the housing and community development needs of special needs groups are addressed, our scope ncludes an optional item to consult with up to five service providers or community organizations to gauge the type and extent of needs for families, elderly residents, disabled esidents, homeless persons, and persons living with AIDS/ V. For this task, we would conduct one-on-one phone interviews with service providers to help inform the Housing Element needs assessment and Housing Plan. Deliverables e PowerPoint presentation, workshop invitation template (electronic copies) • Workshop summary notes and list of recommended changes (electronic copies) • Interview summary (electronic copies) - OPTIONAL PHASE 2 -HOUSING ELEMENT ADOPTION AND CERTIFICATION Task $ - Liaison to the Department of Housing and Community Development 4.1 - HCD Liaison and Certification This task involves coordination with HCD to review the City's Draft Housing Element for consistency with State housing element law, including preparation and submittal of transmittal letters to HCD and completion of streamline review checklists, as applicable. Our scope assumes up to two rounds of HCD review for the draft Housing Clement and one round of HCD review on the adopted Housing Element. However, our recent experience for SCAG cities for the 2014-2021 housing element cycle has shown that only one round may be needed for the draft Housing Element. We have assumed two to be conservative. HCD is allowed 60 days to review a draft Housing Element and 90 days to review an adopted Housing Element. We anticipate that HCD staff may take he full 60 days allowed to complete its review. During this time—and during the course of element preparation—we wilI keep in contact with HCD staff to facilitate review and anticipate/respond to any specific concerns HCD may have. As necessary, we will provide HCD with any requested supplemental data or information on proposed programs, policies and strategies to meet the RHNA. As we cannot fully anticipate the depth and scope of comments HCD will offer (particularly given the recent ECD administration changes) nor the time required to effectively negotiate a position acceptable to the City, we have provided an allowance for this task in the program budget. If additional effort is required beyond this allowance, we will bill for additional work on a reimbursable basis with prior authorization from the City. If only one round is required, our budget can be adjusted accordingly. Our scope includes pre -submittal consultation with HCD staff, as deemed necessary, submittal of the Housing Element, completion of the streamline review checklists, conference calls with HCD staff and City staff to discuss comments, and preparation of written responses to HCD comments as needed. Based on interactions with HCD staff in recent months, we have the distinct impression that the new administration is looking to ease the review process for all involved. Subsequent to City Council adoption, MIG � Hogle-Ireland will consult with HCD staff regarding any changes to text required by Planning Commission or City Council, and will submit final, adopted 2014-2021 Housing Element to HCD for State certification of compliance with State Housing Element laws. We will work closely with City staff to ensure that the City meets all HCD deadlines and requirements. Deliverables e HCD Draft Housing Element (one digital copy and one hard copy for HCD submittal) • HCD transmittal letter and streamline review checklists Task 5 -Complete Complementary General Plan Update (Optional) 5 .1 -Update General Plan — SB 244, AB 162 (OPTIONAL) Two State laws passed in recent years that established a trigger for updating the Land Use, Safety, and Conservation Elements when the Housing Element is updated. These are AB 162 and SB 244. AB 162 requires jurisdictions to address flood -related matters in the Land Use, Conservation, and Safety elements of their general plans. Per law, these elements must be Hogle-Ireland updHe d to address flooding whenever a jurisdiction updates the Housing Element. If requested by the City, MIG Hogle-Ireland would assess the Land Use, Conservation, andSafety Elements to identify any needed updates. We would prepare text and graphics that reflect current data and conditions, as well as pertinent safety maps. SB 244 is a new (2011) law that mandates jurisdictions update their General Plans to address disadvantaged unincorporated communities. This new law requires an nfrastructure analysis of any community within the sphere of influence with an annual median household Income that is less than 80 percent of the statewide annual median household income (the stated definition of a sadvantaged community"). Specifically, the analysis must locate and map the disadvantaged unincorporated communities and include the present and probable need for public facilities and services related to water, wastewater, stormwater drainage, and structural fire protection needs or deficiencies, and if appropriate, sidewalks and street lighting. If requested by the City, We would complete an analysis to identify any disadvantaged communities within the City's sphere, as well as assess needed infrastructure mprovements, as part of this optional work scope task. Deliverables • Text and graphic updates to key General Plan Elements (one digital copy) Task 6 -Hearings, Adoption, and Final Housing Element 6.1 -Public Hearing Draft Housing Element Following HCD review and determination that the Draft Housing Element complies with State Housing Element law, we will prepare a version for review by the public and decision makers. 6.2 -Hearings MIG Hogle-Ireland will prepare a PowerPoint presentation to be used during the public hearings. MIG I Hogle-Ireland aff will attend public hearings for adoption of the Draft Housing Element and certification of the Final (Mitigated) Negative Declaration. Our budget includes an allowance we consider sufficient to prepare the PowerPoint presentation and attend two public hearings (assuming one meeting with the Planning Commission and one meeting with City Housing Element Update of the General Plan 11 ti' Hogle-Ireland Council). Any time required beyond this allowance will be billed on a time -an -materials basis with prior approval bythe City. City staff will prepare and publish the public notices and prepare the staff reports. Deliverables s Final 2014-2021 Housing Element (one digital copy in PDF and MS Word format and one hard copy for NCD submittal, 20 hard copies for the City) e PowerPoint presentation for public hearings 12 City of Temple City EXHIBIT "B° COMPENSATION budget polls wool" "Also Polls m mosshka I so solos I We ace sensitive Lothe budget challenges all cities face today. Thus, we have structured the work program to focus on the immediate issue at hand: ensuring the Housing Element is consistent with housing element law, providing defensible environmental documentation to support the policy document, and meeting State -mandated deadlines. While the work program and cost proposal are based on our understanding of the City's objectives, both are flexible and can be adjusted to meet your particular needs. The scope of work and budget presented in this proposal assume the following: • The City will be responsible for noticing all publicworkshops and hearings. • The City will be responsible for preparing and circulating any required CEQ4 documentation. o The City will provide MIG I Hogle-Ireland with Microsoft Word versions of the draft 2008-2014 Housing Element and any available GIS information on sites identified In the 2008-2014 Housing Element. • MIG I Hogle-Ireland will produce printed copies of documents as indicated bythe Scope of Work; otherwise, all documents will be provided electronically for the Cityto reproduce and/or distribute. • MIG I Hogle-Ireland will devote the staff resources necessary to keep the program on schedule, and City staff will review draft documents and provided needed information in a timely fashion consistent with the schedule. Billing procedures will involve monthly invoices based on a percent complete basis of a not -to -exceed amount, divided into tasks. The invoices, identifying the percent complete, also serve as progress reports for staff to gauge project progress. The project budget is broken down per task and deliverables on the following page. Hogle-Ireland Housing Element Update of the General Plan 27 © Hoge-Ireland 28 City of Temple City } ` \ k �— \// �7>�§7a « k §}(}7\}f°® 2__ j±\))\��00/}\� \j\«a5k9§\\2\k \3a z:u 2!273 ) } \ § § k XFIIBIT "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 ANII. Consultant shall provide the following scope and limits of insurance: 1. 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 parry 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 tms 0 ity 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 furnish certificates and endorsements fr om 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. RIV #0.822-7830-4520 vL C-3 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. RIV H4822-7830-4520 vl C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of til D-Yt1 P Lia - On �% I s I l y before me, Date personally appeared S NJ Sows l71 o IAT S'M6vt ;,,, TRACIE JOHNSON Commission N 1985364> m F a Notary Public - California Lair San Francisco County My Comm. ExpiresJul 117;2016 r- Place Notary Seal Above 0bIC, Vw who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. n WITNESS Signature OPTIONAL d�/yyan��d offici seal Vl uc nj Though the information below is not required bylaw, it may prove valuable to persons relying o7l [he document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©200]National Notary AssociaGon•9%O Oe Soto Ave., P.O.8ox 2402 •Chatsworth,CA 91313-2402•www.NationalNotary.otg Item 05907 Reorder Call Toll-Freei-800-8]6-682]