HomeMy Public PortalAboutAgreement_2014-06-04_SCI Consulting Group _Parks and Recreation Facilities Fee StudyCONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
SCI CONSULTING GROUP
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AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
SCI CONSULTING GROUP
This Agreement for Consultant Services ("Agreement") is entered into as of this 6s' day
of June, 2014 by and between the City of Temple City, a municipal corporation ("City") and SCI
CONSULTING GROUP, a California 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 issuance of a Request for Proposal, the performance of the
services defined and described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a proposal for performance of the services
defined and described particularly in Section 2 of this Agreement, was selected by the City to
perform those services.
C. Pursuant to the City's Municipal Code, City has authority to enter into, and the
City Manager has authority to execute, this Agreement.
D. 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 in Section 20 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 Default provisions of
this Agreement and may instead allow Consultant to continue performing the scope of services
until such services are complete.
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SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services"
and made a part 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", unless such additional services are authorized in advance and
in writing by the City. Consultant shall be compensated for any such additional services in the
amounts and in the manner agreed to by the City.
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", based upon completion of tasks, and made a
part of this Agreement. The total compensation, including reimbursement for actual expenses,
shall not exceed twenty-four thousand, seven hundred and fifty dollars ($24,750), unless
additional compensation is approved in writing by the City.
(b) Each month Consultant shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month.
(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 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 pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Consultant.
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 tum
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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
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.
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(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.
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 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 services subject to
prevailing wage rates pursuant to the California Labor Code or regulations promulgated
thereunder.
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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 M., 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 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
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
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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.
SECTION 16. INDEMNMCATION.
(a) Indemnification for Professional Liability. Where the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
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 losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are
caused in whole or in part by any negligent or wrongful act, error or omission of 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.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs, and expert witness fees), where the same arise out of, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable, including but not
limited to officers, agents, employees or sub -contractors of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed
indemnity Agreements with provisions identical to those set forth here in this section from each
and every sub -contractor or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this Agreement. 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
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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 here is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or
this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this Section 16
[Indemnification] to the contrary, design professionals are required to defend and indemnify the
City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a
design professional to claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the design professional. The term "design
professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business
entities that offer such services in accordance with the applicable provisions of the California
Business and Professions Code.
(e) The provisions of this section 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" and made a part of this
Agreement. 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
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,
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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.
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.
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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: SCI Consulting Group
Attn: Blair Aas
4745 Mangels Blvd.
Fairfield, CA 94534
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 hasthave 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. 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 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.
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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.
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).
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
CITY OF TEMPLE CITY
By:
Donald E. Penman
Interim City Manager
ATTEST:
OIAAV�
Peggy K
City Clerk
APPROVED AS TO FORM
B
Y
Eric S. Vail
City Attorney
CONSULT
By:
Signature 1 1 1 rp 1
Print
Title
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OFSa )"I' O poo ) -c- /ya7afv
,AS �SS
On 20'1 � before me, Q enc a En') , personally appeared ro% h W 0�, proved to me on
the basis of satisfactory evidence to be the person($) whose names(O is/ant subscribed to the within instrument and
acknowledged to me that he/shckhey executed the same in his/herkkir authorized capacity(ies)r and that by
his4Nw4 Leir signature* 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.
WITNESS my hand and official seal.
RENEE EMMONS -{
COMM # 2(!60583
U NOTARY M #C -CALIFORNIA `I
r 9OLANO Cg1NTY
Signature: Mr Corm. EWn+1,tAR. 08, 1018 1
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑
❑
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
13,"ElSM:GS7 -SM:iR91
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On before me, personally appeared
❑ personally (mown to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
names(s) islare 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.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LD+ITTED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
RIV #4838-6958-3880 v1
OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
6876 v1
EXHIBIT "A"
SCOPE OF SERVICES
Task 1: Parks and Recreation Facilities Fee Study
1. Review the City's current park impact fee program, Park and Recreation Facilities Master
Plan and/or General Plan, capital improvement program, and other reports and studies, if
available, related to funding programs for park and recreational facilities.
2. Review the City's Impact Fee Ordinance.
3. Research the City to develop an initial understanding of demographics, development,
property profiles and political history.
4. Meet with City's representatives to develop a complete understanding of the project plan
and objectives.
5. Finalize the project timeline and implementation approach/strategy.
6. Bring issues and project approaches to City's representative's attention as appropriate during
the project and seek guidance as needed. Potential issues include:
• Adequacy of current park impact fee and prior nexus studies;
• Types of facilities to be funded by the park impact fee;
• Land use categories for imposition of park impact fees;
• Nexus approach to determining facility standards; and
• Potential alternative funding sources.
7. Project housing and population growth in the city to occur within the planning horizon of the
Study.
8. Identify the type, amount, and cost of park and recreational facilities over the planning
horizon.
9. Determine the park and recreational facilities and support facilities needed to serve the
population growth generated by new development in the city.
10. Determine the cost of providing park and recreational facilities and support facilities (and
incidental costs) needed to fund the construction of the park and recreational facilities to
serve new development.
11. Calculate and justify the park impact fees needed to offset the impact of new development
on park and recreational facilities.
12. Determine the cost / fee per housing unit and per square foot for the appropriate land uses
within the city.
13. Satisfy the "nexus" requirements for establishing new or increasing development impact
fees as outlined in the Mitigation Fee Act.
• Identify the purpose of the fee.
• Identify how the fee is to be used.
• Determine how a reasonable relationship exists between the fee's use and the type of
development project on which the fee is imposed.
• Determine how a reasonable relationship exists between the need for the public facility and the
type of development project on which the fee is imposed.
RN 114838-6958-3880 A
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" D e m o n s t r a t e a r e a s o n a b l e r e l a t i o n s h i p b e t w e e n t h e a m o u n t o f t h e f e e a n d t h e c o s t o f t h e p u b l i c
f a c i l i t y o r p o r t i o n o f t h e p u b l i c f a c i l i t y a t t r i b u t a b l e t o t h e d e v e l o p m e n t u p o n w h i c h t h e f e e i s
i m p o s e d .
1 4 . P r o v i d e a c o m p a r i s o n o f t h e c u r r e n t a n d p r o p o s e d p a r k i m p a c t f e e s t o t h o s e o f o t h e r
n e i g h b o r i n g j u r i s d i c t i o n s .
1 5 . P r o v i d e a s u m m a r y o f t h e r e q u i r e m e n t s f o r e s t a b l i s h i n g a n d a d m i n i s t e r i n g t h e p a r k i m p a c t
f e e s a s r e q u i r e d b y t h e M i t i g a t i o n F e e A c t , a s n e c e s s a r y .
1 6 . P r o v i d e a s u m m a r y o f t h e d e p o s i t i n g a n d a c c o u n t i n g r e q u i r e m e n t s f o r p a r k i m p a c t f e e
r e v e n u e a s r e q u i r e d b y t h e M i t i g a t i o n F e e A c t .
1 7 . P r e p a r e r e c o m m e n d a t i o n s a n d a p r o p o s e d a c t i o n p l a n f o r a d o p t i n g t h e p a r k i m p a c t f e e s .
1 8 . P r e p a r e t h e N e x u s S t u d y a n d p r o v i d e a d r a f t v e r s i o n f o r C i t y ' s r e v i e w .
1 9 . A f t e r C o n s u l t a n t r e c e i v e s c o m m e n t s f r o m t h e C i t y a n d o t h e r p a r t i e s , C o n s u l t a n t s h a l l
i n c o r p o r a t e r e s p o n s e s t o t h o s e c o m m e n t s i n t o t h e f i n a l N e x u s S t u d y , w h i c h w i l l b e u s e d a s
t h e b a s i s f o r a p r e s e n t a t i o n b e f o r e t h e C i t y C o u n c i l a n d p u b l i c .
2 0 . R e v i e w a n d p r e s e n t t h e N e x u s S t u d y a n d p r o p o s e d p a r k i m p a c t f e e p r o g r a m a t t h r e e p u b l i c
m e e t i n g s . M a k e a n y n e c e s s a r y c h a n g e s t o t h e N e x u s S t u d y b a s e d o n r e c e i v e d C i t y i n p u t .
T a s k 2 : Q u i m b y l a n d D e d i c a t i o n a n d I n - L i e u F e e O r d i n a n c e
1 . E v a l u a t e t h e C i t y ' s Q u i m b y o r d i n a n c e ; m a k e s p e c i f i c r e c o m m e n d a t i o n s f o r r e v i s i o n a s
n e c e s s a r y .
2 . A s n e c e s s a r y , a s s i s t t h e C i t y w i t h a n y p r o c e d u r a l r e q u i r e m e n t s f o r r e v i s i o n o f Q u i m b y
o r d i n a n c e s w h i c h m a y i n c l u d e a s t a f f r e p o r t o r Q u i m b y L a n d D e d i c a t i o n a n d I n - L i e u F e e
S t u d y .
3 . k e v i e w a n d p r e s e n t t h e Q u i m b y L a n d D e d i c a t i o n a n d I n - L i e u F e e S t u d y a t p u b l i c m e e t i n g s .
T a s k 3 : A s s i s t w i t h R e v i e w , A p p r o v a l & I m p l e m e n t a t i o n
1 . A s s i s t w i t h p r e s e n t a t i o n a n d r e v i e w o f t h e p r o p o s e d p a r k i m p a c t f e e p r o g r a m t o t h e
d e v e l o p m e n t c o m m u n i t y a n d o t h e r s t a k e h o l d e r s .
2 . R e v i e w a n d p r e s e n t t h e N e x u s S t u d y a n d p r o p o s e d p a r k i m p a c t f e e p r o g r a m t o a d d i t i o n a l
C i t y C o m m i s s i o n s a n d o r g a n i z e d g r o u p s a s n e c e s s a r y .
3 . A s s i s t t h e C i t y w i t h p r o c e d u r a l r e q u i r e m e n t s f o r t h e a d o p t i o n a n d i m p l e m e n t a t i o n o f p a r k
i m p a c t f e e s .
4 . A s n e c e s s a r y , p r o v i d e t h e C i t y w i t h d r a f t r e s o l u t i o n ( s ) , o r d i n a n c e ( s ) a n d s u b m i t t a l r e p o r t ( s )
f o r a p p r o v a l a n d a d o p t i o n o f t h e p r o p o s e d p a r k i m p a c t f e e p r o g r a m .
T a s k 4 : L o c a l F u n d i n g M e a s u r e F e a s i b i l i t y A n a l y s i s
1 . F r o m a s s e s s o r a n d o t h e r p r o p e r t y i n f o r m a t i o n r e c o r d s , p r e p a r e a d a t a b a s e w i t h r e l e v a n t
p r o p e r t y i n f o r m a t i o n f o r a l l p a r c e l s w i t h i n t h e C i t y .
2 . I n c o n j u n c t i o n w i t h t h e C i t y , d e t e r m i n e t h e a n n u a l r e v e n u e n e e d e d f r o m t h e l o c a l c o m m u n i t y
t o f u l l y f u n d t h e p r o j e c t s i d e n t i f i e d i n t h e P a r k s a n d O p e n S p a c e M a s t e r P l a n .
3 . P r e p a r e a t e c h n i c a l m e m o r a n d u m t h a t p r o v i d e s a ) a s u m m a r y o f k e y f i n d i n g s i n c l u d i n g
a s s e s s m e n t o r t a x a m o u n t n e e d e d p e r h o m e t o f u n d t h e P a r k s a n d O p e n S p a c e M a s t e r P l a n ; b )
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detail recommendations; and 3) a summary of the process and timeline for proceeding with a
local funding measure.
The Scope of Services, including services, work products, and personnel, are subject to change
by mutual Agreement. In the absence of mutual Agreement regarding the need to change any
aspects of performance, Consultant shall comply with the Scope of Services as indicated above.
Approximate Date
Task to be Completed
Responsible
Mid June 2014
Approval of agreement for preparation of the Nexus
City
Study
Mid June 2014
SCI to obtain required information from City, review
City, SCI
the project timeline and modify as needed
July 21, 2014
First draft of the Nexus Study and Quimby Study
SCI
made available for two week review by the City
August 4, 2014 *
Meeting with City to finalize fee programs
City, SCI
August thru
Stakeholder Outreach
City, SCI
September 2014
Early October
Final Nexus Study / Quimby Study for two week
SCI / City
2014
public review
Early October
Publish the notice of the time and place of meeting,
City
2014
including a general explanation of the matter to be
considered 10 days prior to meeting Govt. Code §
66018(a), Govt. Code § 6062(a)
October 17, 2014
Presentation to City Council and public on the Nexus
SCI / City
City Council
Study / Quimby Study and associated fee programs
Meeting *
November 6, 2014
City Council approval of Nexus Study and adoption of
City Council
City Council
ordinance establishing the proposed park impact fee
Meeting
Govt. Code § 66016(a) and proposed Quimby
ordinance
January 5, 2015
Park impact fees become effective 60 days after
Building Dept.
adoption by City Council Govt. Code § 66017(a)
* Note that this tentative timeline can and will be adjusted to meet the requirements of the City of
Temple City that may arise during any initial meetings.
Consultant shall complete the scope of services herein by December 31, 2014.
RN #4838-6958-3880 vl
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EXHIBIT "B"
COMPENSATION
1. Compensation for Task I and Task 2 services (provided in Exhibit "A" of this Agreement)
shall be $17,250 due and payable as follows:
a. Upon submittal and approval of the first draft of the Nexus Study, the amount of $14,000.
b. Upon submittal of the final Nexus Study, the amount of $3,250.
2. Compensation for Task 3 and Task 4 services and additional meetings shall be billed at the
hourly bill rates of $150 for Blair Aas and other senior staff, $220 for Gerard van Steyn and
$65 for administrative staff, with total compensation not to exceed $6,000 without prior
authorization from the City. Travel time for attendance at meetings shall be billed at 25% of
the hourly bill rates.
3. Incidental costs incurred by SCI for the purchase of property or statistical data, travel and
other out-of-pocket expenses incurred in performing the scope of work shall be reimbursed at
actual cost by the City with total cost not to exceed $1,500 without prior authorization from
the City.
RN #4838-6958-3880 vl
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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 A:VII. Consultant shall provide the following scope and limits of
insurance:
Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability
coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or
equivalent forms subject to the written approval of the City.
(3) Workers' Compensation insurance as required by the Labor Code
of State of California and Employer's Liability insurance and covering all persons providing
services on behalf of the Consultant and all risks to such persons under this Agreement.
(4) 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
insurance no less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury,
personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage. A combined single limit policy with aggregate limits in an amount of not
less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth
above.
RIV #4838-6958-3880 vl
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(3) Workers' Compensation and Employer's Liability: Workers'
Compensation as required by the Labor Code of the State of California and Employers Liability
limits of not less than $1,000,000 per accident.
(4) Professional Liability: $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
following provisions:
1. All Policies. 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.
2. General Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers, officials,
and employees and volunteers are to be covered as additional insureds as respects: liability
arising out of activities Consultant performs; products and completed operations of Consultant;
premises owned, occupied or used by Consultant ; or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to City, and their respective elected and appointed officers, officials, or
employees.
(2) Consultant's insurance coverage shall be primary insurance with
respect to City, and its respective elected and appointed, its officers, officials, employees and
volunteers. Any insurance or self insurance maintained by City, and its respective elected and
appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute
with, Consultant's insurance.
(3) Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(4) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to City, and its
respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage.
City Manager otherwise agrees in writing, the insurer shall agree to waive all
subrogation against City, and its respective elected and appointed officers, officials,
and agents for losses arising from work performed by Consultant.
RIV 114838-6958-3880 vl
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Unless the
rights of
employees
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 fiunish 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 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.
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.
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