HomeMy Public PortalAbout09) 7E Agreement with David Taussig Impact Fee StudyAGENDA
ITEM ?.E.
COMMUNITY DEVELOPM E NT DEPARTMENT
MEMORANDUM
DATE: December 4, 2018
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via: Michael D. Forbes, Community Development Director
By: Ashley Avery, Management Analyst
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DAVID
TAUSSIG AND ASSOCIATES, INC . (DTA) TO CONDUCT A
COMPREHENSWEDEVELOPMENTIMPACTFEESTUDY
RECOMMENDATION:
The City Council is requested to:
1. Approve a Professional Services Agreement (Attachment "A") with DTA to conduct
a comprehensive development impact fee study in an amount not to exceed
$75 ,000 ; and
2. Authorize the City Manager to finalize and execute the Professional Services
Agreement with DTA.
BACKGROUND:
1. In December of 2017 the City Council approved the Mid-Century General Plan . The
General Plan implementation program includes an action item to adopt development
impact fees for City facilities and infrastructure .
2. In June of 2018 the City Council approved the Fiscal Year (FY) 2018-19 City Budget
which includes an allocation of $75,000 to conduct a development impact fee study.
City Council
December 4, 2018
Page 2 of2
ANALYSIS:
Development impact fees are payments often required for new development by local
governments for supporting new or expanded public capital facilities required to serve the
increased population and demands on public facilities caused by new development. In
the United States, many local governments are using impact fees to shift the large costs
of financing public facilities away from the general taxpayer and onto the development
that drives the demand for new or expanded facilities.
DTA is a public finance and urban economics consulting firm that has over 30 years of
experience in conducting development impact fee studies. In recent years, they have
prepared fee studies for many local cities in Southern California including Pasadena,
Chino Hills, Torrance, Anaheim, Fontana, Costa Mesa, and Perris. DTA will review
Temple City's Parks and Recreation Nexus Study and Quimby Fee Study conducted in
2014 and update as necessary to ensure that the recommended impact fees are sufficient
for meeting the City's long-term needs. They will also determine whether an update is
needed for the current sewer reconstruction fee, and analyze new potential development
impact fees for the following:
• Traffic and Transportation
• City Facilities
• Libraries
• Stormwater facilities
• Sidewalks
• Streets and Pavement
CITY STRATEGIC GOALS:
Performing a study to enact a comprehensive development impact fee program is
consistent with the City Strategic Goals of Good Governance, Public Health and Safety,
and Quality of Life, Sustainable Infrastructure, and Economic Development.
FISCAL IMPACT:
Funds for a comprehensive development impact fee study have already been allocated
in the budget for FY 2018-2019. There is no additional fiscal impact.
ATTACHMENTS:
A. Agreement for Services with David Taussig and Associates, Inc.
ATTACHMENT A
AGREEMENT FOR SERVICES
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
David Taussig and Associates, Inc.
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
DAVID TAUSSIG AND ASSOCIATES, INC.
This Agreement for Services ("Agreement") is entered into as of this __ day of
-:-::--=:::-:::----:-' 2018 by and between the City of Temple City, a municipal corporation
("City") and David Taussig and Associates, Inc., a corporation ("Service Provider"). City
and Service Provider are sometimes hereinafter individually referred to as "Party" and
hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, by request for proposal, the performance of the services
defined and described particularly in Section 2 of this Agreement.
B. Service Provider, 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. Pursuant to the City of Temple City's Municipal Code, City has authority to
enter into this Services Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to formalize the selection of Service Provider 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 Term of this Agreement is for 24 months commencing on the date first
ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Service Provider agrees to perform the services set
forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of
this Agreement by this reference.
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(b) Schedule of Performance. The Services shall be completed pursuant to
the schedule specified in Exhibit "A." Should the Services not be completed pursuant to
that schedule, the Service Provider shall be deemed to be in Default of this Agreement.
The City, in its sole discretion, may choose not to enforce the Default provisions of this
Agreement and may instead allow Service Provider to continue performing the
Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection
with its performance of this Agreement that are in addition to or outside of the Services
unless such additional services are authorized in advance and in writing in accordance
with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this
Agreement. If and when such additional work is authorized, such additional work shall
be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Service Provider the amounts specified in Exhibit "B" "Compensation" and made a part
of this Agreement by this reference. The total compensation, including reimbursement
for actual expenses, shall not exceed seventy five thousand dollars ($75,000), unless
additional compensation is approved in writing in accordance with Section 26
"Administration and Implementation" or Section 28 "Amendment" of this Agreement..
(b) Each month Service Provider 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 subcontractor contracts. Subcontractor 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 Service Provider 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 Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by
Service Provider which are disputed by City, City will use its best efforts to cause
Service Provider to be paid within forty-five (45) days of receipt of Service Provider's
correct and undisputed invoice.
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(d) Payment to Service Provider for work performed pursuant to this
Agreement shall not be deemed to waive any defects in work performed by Service
Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider's work under this
Agreement, either during performance or when completed. City shall reject or finally
accept Service Provider's work within sixty (60) days after submitted to City. City shall
reject work by a timely written explanation, otherwise Service Provider'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 Service Provider's work by City shall not constitute a
waiver of any of the provisions of this Agreement including, but not limited to, Section
16 "Indemnification" and Section 17 "Insurance."
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 Service Provider in the course of providing the 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 Service Provider. Upon
completion, expiration or termination of this Agreement, Service Provider 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 Service Provider in the course of providing the Services pursuant to this
Agreement, Service Provider's guarantees and warranties in Section 9 "Standard of
Performance" 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. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records
demonstrating or relating to Service Provider's performance of the Services. Service
Provider 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 Service Provider
pursuant to this Agreement. Any and all such documents or records shall be
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maintained for three (3) 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 Service
Provider'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 Service Provider's business, City may, by written request,
require that custody of such documents or records be given to the City. Access to such
documents and records shall be granted to City, as well as to its successors-in-interest
and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City. Service Provider 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
Service Provider shall at all times be under Service Provider'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 Service Provider or any of
Service Provider's officers, employees, or agents except as set forth in this Agreement
Service Provider shall not at any time or in any manner represent that Service Provider
or any of Service Provider's officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Service Provider , nor any of Service Provider'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. Service Provider expressly
waives any claim Service Provider may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider 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. Service Provider shall
at all times faithfully, competently and to the best of its ability, experience and talent,
perform all Services. In meeting its obligations under this Agreement, Service Provider
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shall employ, at. a minimum, generally accepted standards and practices utilized by
persons engaged in providing services similar to the Services required of Service
Provider under this Agreement. In addition to the general standards of performance set
forth this section, additional specific standards of performance and performance criteria
may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service
Provider's work under this Agreement. 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.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Service Provider 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. Service Provider 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 Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider 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.
Service Provider 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.
Service Provider hereby promises and agrees to comply with all of the provisions
of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Service Provider so employ such unauthorized aliens for the
performance of the Services, and should the any liability or sanctions be imposed
against City for such use of unauthorized aliens, Service Provider 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.
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SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider 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 Service Provider's
performance of the Services. Service Provider 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. Service Provider 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 Service Provider 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. Service Provider
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 Service Provider will, perform
non-related services for other governmental agencies and private Parties following the
completion of the Services 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 Service Provider in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Service Provider. Service
Provider 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) Service Provider, 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 Service Provider gives City notice of such court order
or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of
Service Provider, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Service
Provider for any damages, costs and fees, including attorneys fees, caused by or
incurred as a result of Service Provider's conduct.
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(d) Service Provider shall promptly notify City should Service Provider , 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 Service Provider or be present at any deposition,
hearing or similar proceeding. Service Provider agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests
provided by Service Provider. 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. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a
professional standard of care for Service Provider's services, to the fullest extent
permitted by law, Service Provider 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 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) arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, any negligent or
wrongful act, error or omission of Service Provider, or by any individual or entity for
which Service Provider is legally liable, including but not limited to officers, agents,
employees or sub-contractors of Service Provider, 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, Service
Provider 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 Service
Provider or by any individual or entity for which Service Provider is legally liable,
including but not limited to officers, agents, employees or sub-contractors of Service
Provider.
(c) Indemnification from Subcontractors. Service Provider agrees to obtain
executed indemnity agreements with provisions identical to those set forth in this
section from each and every subcontractor or any other person or entity involved by,
for, with or on behalf of Service Provider in the performance of this Agreement naming
the Indemnified Parties as additional indemnitees. In the event Service Provider fails to
obtain such indemnity obligations from others as required herein, Service Provider
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
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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
Service Provider and shall survive the termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this
section 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) City's Negligence. 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.
Service Provider 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. Service Provider agrees to provide City
with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for
this Agreement. City has an interest in the qualifications and capability of the persons
and entities who will fulfill the duties and obligations imposed upon Service Provider
under this Agreement. In recognition of that interest, Service Provider shall not assign
or transfer this Agreement or any portion of this Agreement or the performance of any
of Service Provider's duties or obligations under this Agreement without the prior written
consent of the City. 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 termination of this Agreement pursuant to
Section 20 "Termination of Agreement." City acknowledges, however, that Service
Provider, in the performance of its duties pursuant to this Agreement, may utilize
subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL
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Service Provider shall make every reasonable effort to maintain the stability and
continuity of Service Provider's staff and subcontractors, if any, assigned to perform the
Services. Service Provider shall notify City of any changes in Service Provider's staff
and sub-contractors, if any, assigned to perform the Services 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 Service Provider. In the event
such notice is given, Service Provider shall cease immediately all work in progress.
(b) Service Provider may terminate this Agreement for cause at any time
upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fail to perform any material obligation
under this Agreement, then, in addition to any other remedies, either Service Provider,
or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all
property belonging exclusively to City which is in Service Provider's possession shall be
returned to City. Service Provider shall furnish to City a final invoice for work performed
and expenses incurred by Service Provider, prepared as set forth in Section 4
"Compensation and Method of Payment" of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 "Compensation and
Method of Payment" of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement,
the City shall not have any obligation or duty to continue compensating Service Provider
for any work performed after the date of default. Instead, the City may give notice to
Service Provider of the default and the reasons for the default. The notice shall include
the timeframe in which Service Provider 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 Service Provider 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 Service Provider does
not cure the default, the City may take necessary steps to terminate this Agreement
under Section 20 "Termination of Agreement." Any failure on the part of the City to give
notice of the Service Provider'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.
Service Provider 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
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control of Service Provider. 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
Services shall be furnished to Service Provider in every reasonable way to facilitate,
without undue delay, the Services 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 Drive
Temple City, CA 91780
To Service Provider: David Taussig and Associates, Inc.
Attn: David Taussig
5000 Birch Street, Suite 6000
Newport Beach, CA 92660
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 Service Provider
represents and warrants that he/she/they has/have the authority to so execute this
Agreement and to bind Service Provider 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 amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 28 "Amendment" and the City
Manager's contracting authority under the Temple City Municipal Code.
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SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made
in writing and approved by the Service Provider and by the City. The City Manager
shall have the authority to approve any amendment to this Agreement if the total
compensation under this Agreement, as amended, would not exceed the City
Manager's contracting authority under the Temple City Municipal Code. All other
amendments shall be approved by the City Council. The Parties agree that the
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 Service Provider 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 Service Provider and City prior to the execution
of this Agreement. No statements, representations or other agreements, whether oral
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ORANGE
On 10/31/2018 before me, EDNA GARRETT, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared -;:-D~A,-V_I.,-D_T7A_U--,-S:-S-:-IG---,---~---:-:----:-:----:-c~--.,-.,----,-------:--:-:--c---'
who proved to me on the basis of satisfactoryevidence 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 PENAL TV OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS rny hand and official seal.
(Seal)
EDNA P. GARREn
Notary Public-California
Orange County
Commission# 2201790
Comm. 1 18,2021
(2"d signature required if Corporation, Incorporation or Limited Liability
Corporation)
NOTE: SERVICE PROVIDER'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 SERVICE
PROVIDER'S BUSINESS ENTITY.
-13-
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ORANGE
On 10/31/2018 before me, EDNA GARRETT, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared -;-;-D---;A,-V_I-,--D_T-::-A_U--:-S:-S:-IG~----,--,---------:----:------:---;--;-~---;--;--,----;---'
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.
WITNESS my hand and official seal. ~"•••••e=ee 00
...... , EDNA P. GARRETT J
:;: · NotaryPubHc-CaUfornla
~ Orange County ~
Commission# 2201790 .....
{Seal) MyComm. ExpiresJun 18,2021
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On -----""""..,----'-'2"'0'---, before me, -""'="""",...,.,""''11'7"""'=-r:"""""""""'""'""'""'""""';-;-c;;r;r.;""--a e Name And l1fle Of Oft1cer (e.g. "Jane Doe, Notary Pubhc)
personally appeared-------------------------------
Name of Signer(s)
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.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER($)
Signer's Name:
Individual
Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Title(s) Title or Type of Document
Partner(s) Limited
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
General
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
)
On -----=,----_,_,2,0'----'' before me, -,===rrn=====..,.,.,==""====r---a e Name And IItie Of Off1cer (e.g. "Jane Doe, Notary Publ1c')
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.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name:
Individual
Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Title(s) Title or Type of Document
Partner(s) Limited
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
General
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following Services:
SCOPE OF WORK FOR DEVELOPMENT IMPACT FEE STUDY
The Scope of Work listed below has been devised to include all tasks necessary to
prepare and update the City's current fee program so that it continues to comply with
California Government Code Section 66000 et seq. in concert with the jurisprudence
developed by various Federal District and State Courts. David Taussig and Associates,
Inc., (DTA)'s General Counsel regularly reviews state and federal legal and
administrative opinions, regulations, and statutes that might affect or modify
Development Impact Fee Nexus Studies in California.
Work products stemming from the Work Plan described in this section will include:
• A memorandum summarizing the fee methodology options
• The draft and final administrative reports
• Comparative Regional Impact Fee Survey
• Facility/Capital Needs List
• Fee implementation ordinance
TASK NO.1-DEVELOP PROJECT STRATEGY AND KICK-OFF MEETING (WEEKS
1-4)
DTA staff will meet with City staff in a project kick-off meeting to finalize the details of
the project, deliverables, timetables, and tasks, discuss the fee methodologies and best
practices, identify needed information (i.e., reports, project/needs lists, stakeholder
groups, data, etc.), prepare final schedule, discuss the public process, and resolve
other concerns as appropriate.
TASK NO.2-PREPARE COMPARATIVE REGIONAL IMPACT FEE SURVEY
(WEEKS 1-7)
DTA shall conduct a regional survey of the development impact fee programs that are
currently being imposed in other neighboring jurisdictions, as selected by the City. The
survey will include the current fee levels, current fee methodology, and current fee
credit methodology. Survey results will be formalized into a summary report and
presented to City staff for review.
TASK NO.3-DEVELOP POPULATION AND DWELLING UNIT PROJECTIONS
(WEEKS 1-7)
DTA will compile and document existing and future population, employment and
development estimates for the City. The projections resulting from th.is task will
ultimately be used to calculate fee levels. At this stage, DTA would evaluate City
resources, influences, and all factors affecting the existing Study, and the various
current and proposed/new fees. ·
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This task comprises four subtasks:
Subtask 31A)-Population Projections
DTA will gather existing information on present and future population for the City from
various sources, including City Staff, the General Plan, existing Master Plans, SCAG,
the U.S. Census, the State Department of Finance, and from other data sources,
including the City's Capital improvement Program (CIP).
Subtask 3(8)-Conduct Entitlement Research and Projections
DTA will coordinate with the Community Development Department to determine existing
and future residential and non-residential development within the City over the planning
horizon (2040, or such other horizon as selected by City staff.} To complete this
subtask, DTA will:
• Review the General Plan/CIP and related plans to determine expected
development land use patterns in the City.
• Review City records to identify existing entitlements for dwelling units and
commercial/industrial development.
• Project the number of new dwelling units and commercial/industrial development
based on existing entitlements and on population projections through 2040, or
such other target year as selected by City staff.
Subtask 3(C) -Review Current City Fee Structure
DTA shall review and summarize the City's current development fee structures, and
current City policies and procedures and other regulatory requirements affecting
potential fee structures and revenue program requirements.
Subtask 3(D)-Review Prior City Fee Justification Studies
DTA shall review the approach and methodology utilized in prior City fee justification
studies to determine the best way to meet the City's current needs.
TASK NO.4-PREPARE I REVIEW FACILITY I CAPITAL NEEDS AND LEVELS OF
SERVICE (WEEKS 1-10)
This task entails a review of the facility and capital needs required to serve the new
development in the study area projected under Task 3. DT A will use existing City
materials (including any relevant master plans) as base documents and focus on
updating this information.
For any fee program to be comprehensive in its scope, it is necessary to complete a
thorough identification and review of all the facilities impacted by additional growth,
including those already discussed in the General Plan or CIP, as well as an audit trail
for future changes to these facilities and/or their costs. This task will require close
coordination with all City departments.
Subtask 4(A)-Survey/Interview City Staff
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DT A shall survey/interview City staff to review projected facilities in the City, along with
major equipment needs, the timing at which improvements will be needed, and any
physical data that would assist in developing the costs estimated below in Subtask
4(C). Based upon the results of the surveys and interviews, DTA will verify and, if
appropriate, expand the list of new facilities found in the General Plan/CIP to be
included within the fee program for the City.
Subtask 4(B)-Facilities List
Based on the information collected in Subtask 3(A), DTA shall work with the City to
prepare a facilities Needs List that details the new facilities and equipment to serve new
development in the City.
Subtask 4(C)-Review Cost Estimates
DTA's engineering and technical staff will, as necessary; consult with City department
heads and/or engineering staff or equivalent to ascertain and understand in-house cost
data for existing and projected facilities and equipment; apply appropriate inflation and
cost of living escalators to the list of projected public facilities to determine future costs;
review and/or refine existing cost data; examine major sources of revenue to fund
construction of new public facilities; and provide a proportional estimate between
projected costs for new facilities and projected revenue from mitigation fees and other
sources.
TASK NO.5-DEVELOP METHODOLOGY FOR CALCULATING APPROPRIATE FEE
LEVELS (WEEKS 8-15)
This task entails developing the methodology used to establish the fee amount for each
fee component to the extent appropriate. Two critical issues must be considered in
developing a fee program. The fee program must generate revenues in a timely
manner, and the methodology must meet the nexus or benefit requirements of AB
1600. Since fees of any kind are controversial, it is critical that any fee established be
legally defensible.
DTA's fee study methodology must meet the nexus or benefit requirements of AB 1600,
which mandate that there be a nexus between fees imposed, the use of the fees, and
the development projects on which the fees are imposed. Furthermore, there must be a
relationship between the amount of the fee and the cost of the improvements. In order
to impose a fee as a condition for a development project, the methodology must
accomplish the following:
• Identify the purpose of the fee.
• Identify the use to which the fee is to be put. If the use is financing public
facilities, the facilities must be identified.
• Determine how there is a reasonable relationship between the fee's use and the
development project on which the fee is imposed.
• Determine how there is a reasonable relationship between the need for the
public facility and the development project on which the fee is being imposed.
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Implicit in these requirements is a stipulation that a public agency cannot impose a fee
to cure existing deficiencies in public facilities or improve public facilities beyond what is
required based on the specific impacts of future development. The benefit methodology
established in this subtask will be documented in the Report. DTA shall prepare a
memorandum to City staff summarizing available methodologies and their pros and.
cons. Methodologies to review will include programs based on auto vehicle trips, all
mode trips (e.g., auto, transit, bike, pedestrian), square footages or household units,
etc.
The memo will also discuss, as applicable, context-sensitive and transportation-demand
management adjustments, "credits" for capital improvements required as part of a
project application, and various treatments of pass-through trips to ensure "fair share"
fees. DTA will recommend a fee expenditure plan to ensure that projects can be fully
funded and implemented within any required time limits for expenditures of such funds,
as well as possible flexibility to allow collected fees to be used to provide the City match
for grant applications. Finally, the memo will include recommendations for methodology,
stakeholder outreach, and next steps. Upon review and discussion by City staff, a
methodology will be selected.
Deliverable: Memorandum summarizing the fee methodology options
TASK NO.6-DETERMINE FEE LEVELS (WEEKS 8-15)
This task entails calculating the fee amounts based upon the dwelling unit and
commercial/industrial development projections completed in Task No. 3, facilities needs
and costs determined in Task No. 4, and the methodology selected in Task No. 5. An
annual administrative charge shall also be included within the fee.
Subtask 6(A)-Calculate Recommended Fee Amounts
DTA shall calculate the fees for the City by inputting the data compiled under the
preceding tasks and computing the amount of each fee to be levied. This work will be
prepared in a spreadsheet format, which can be updated annually.
Subtask 6(B)-Document Fee Derivation
DTA shall document the methodology utilized for the fee calculation model that can be
understood by the City and the public. DTA shall prepare written statements
documenting the validity of the methodology for deriving each of the fees for the City.
These statements will be made to meet the requirements of AB 1600 and will be
documented in the Final Report discussed below.
Subtask 6(C)-Prepare Technical Report for each Fee
DTA will prepare and provide a comprehensive background report, as well as technical
reports for each fee that documents the study results, including but not limited to,
methodology, findings, supporting justification, recommended impact fees and
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calculations that provide the legal nexus between the fee recommendations and new
development as statutorily required.
TASK NO.7-PREPARE DRAFT AND FINAL REPORTS (WEEKS 8-20}
This task entails preparation of the draft and final reports for consideration by City Staff
and the City Board of Supervisors.
Subtask 7(A}-Prepare Draft Report for Comments
Based on the work completed in Task Nos. 1 through 6, DTA will prepare the Draft
Report for review and consideration by City staff. The report will be prepared under the
standards of AB 1600 and is expected to include:
• Executive Summary
• Population Projections
• Facilities and Improvements List
• Areas of Benefit (if applicable)
• Fee Calculations
• Recommended Fee Levels
• Recommended Process for Keeping Fees Current
• Fee Credit Mechanisms
Subtask 7(B}-Prepare Final Report
Based on the incorporation of City staff comments and concerns on the Draft Report,
DTA will prepare the Report for presentation to the City Board of Supervisors and City
staff.
Deliverable: Draft and Final Reports
TASK NO.8-OUTLINE TASKS REQUIRED FOR IMPLEMENTATION AND
ADMINISTRATION OF FEE PROGRAM (WEEKS 16-20}
Prepare a list of tasks required of the City once they have adopted their new Fee
Program. These tasks include the determination of actual fee levels if the City decides
not to levy the maximum fee levels allowed under the Fee Study, the implementation of
the fee credit program, and other issues the City may face when implementing the Fee
Program. In addition, DTA shall prepare a draft ordinance to adopt the Fee Program,
subject to review and approval by the City's legal counsel.
TASK NO.9-ATTEND MEETINGS AND PUBLIC OUTREACH (WEEKS 1-20)(PLUS
ADDITIONAL MANDATORY 45 DAYS FOR PUBLIC HEARING)
This task entails attendance at six (6) additional meetings/workshops beyond the kickoff
meeting, including meetings with City staff, the stakeholders, and the City Council to
present interim status of the study, preliminary, and final report and obtain input.
Included in this task are two (2) additional strategy sessions with the City team and/or
ad hoc City Council committees to help determine the project's direction; two (2)
Community meetings, including meeting with Building Industry Association; one (1) City
Council meeting and one (1) City Council public hearing. We have found during prior
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Fee Study engagements that involving community groups and the Building Industry
Association in the development of the infrastructure Needs List and the review of the
draft Fee Study provides the political support needed by the City in its deliberations and
approval of the Study.
DTA shall prepare presentations and handouts for these meetings to better educate the
stakeholders, City staff, and the City Council. Additional meetings may also be held but
may require additional budget.
11. As part of the Services, Service Provider will prepare and deliver the following
tangible work products to the City: ·
A. A memorandum summarizing the fee methodology options
B. The draft and final administrative reports
C. Comparative Regional Impact Fee Study Survey
D. Facility/Capital Needs List
E. Fee implementation ordinance
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Ill. The tangible work products and status reports will be delivered to the City
pursuant to the following schedule:
Task Impact Fee Study w"'"' 11 to 15 w"'"' 16 to :w Wre"'
21 b::l 27*
2
3
5
6
7
8
9
Regional Impact
and D'we!linq Unit
I Needs
Develop Methodolor:~y for Caku!atinq New
Fee Amounts, Communkat!ons Plan
Determine Fee levels
A. Develop project strategy and kick-off meeting (weeks 1-4)
B. Prepare Comparative Regional Impact Fee Survey (weeks 1-7)
C. Develop population and dwelling unit projections (week 1-7)
D. Prepare/Review facility/capital needs and levels of service (weeks 1-1 0)
E. Develop methodology for calculating appropriate fee levels (weeks 8-15)
F. Prepare draft and final reports (weeks 8-20)
G. Outline tasks required for implementation and administration of fee
program (weeks 16-20)
H. Attend meetings and public outreach (weeks 1-20)
V. Service Provider will utilize the following personnel to accomplish the
Services:
A. David Taussig, President I Principle-in-Charge
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B. Kuda Wekwete, Senior Vice President I Project Manger
C. Nathan Perez, Esq., Managing Director I Legal Analysis
D. Steve Runk, P.E., Vice President I Civil Engineer
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EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the
Services:
Project Strategy and Kick Off Meetinq $4,350
Reqionallmpact Fee Survey $3,880
Population and Dwelling Unit Projections $4,520
Review of Facility/Capital Needs and $9,090
Levels of Service
Develop Methodology for Calculating New $4,680
Fee Amounts and Communications Plans
Determine Fee Levels $5,540
Draft and Final Reports $10,420
Outline Tasks for Implementation and $4,910
Administration of Fee Proqram
Attend Six (6) Additional Meetings and $15,950
Public Outreach
Total $63,340
In addition to fees for services, the City shall reimburse Service Provider for out-of-
pocket and administrative expenses by paying a charge equal to 3% of Service
Provider's monthly billings for labor, plus clerical time at $75 per hour, travel costs, and
outside vendor payments, not to exceed $2,500.
Any additional tasks not listed in the Scope of Work that are assigned by the City shall
be charged at the hourly rates listed below. Total costs for additional tasks not to
exceed $9,160.
President/Managing Director $275/Hour
Senior Vice President! Vice-President $250/Hour
Engineering
Manager $180/Hour
Senior Associate $150/Hour
Associate 2 $140/Hour
Associate 1 $130/Hour
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain
insurance, acceptable to the City, 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 Services by Service Provider, its
agents, representatives or employees. Insurance is to be placed with insurers with a
current A.M. Best's rating is an assigned policyholders' Rating of A (or higher) and
Financial Size Category Class VII (or larger).
Only the following "marked" requirements are applicable and Service Provider shall
provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
X Commercial General Liability. Insurance Services Office form Commercial
General Liability coverage (Occurrence Form CG 0001 ).
X Automobile Liability. Service provider shall maintain automobile insurance at
least as board as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Service Provider arising out of or in
connection with work to be performed under this Agreement, including coverage
for any owned, hired, non-owned or rented vehicles.
X Workers' Compensation. Workers' Compensation Insurance (Statutory Limits)
and Employer's Liability Insurance as required by the Labor Code of State of
California covering all persons providing Services on behalf of the Service
Provider and all risks to such persons under this Agreement.
~ Professional (Errors and Omissions) Liability. Professional liability insurance
appropriate to the Service Provider's profession. This coverage may be written
on a "claims made" basis, and must include coverage for contractual liability.
The insurance must be maintained for at least three (3) consecutive years
following the completion of Service Provider's services or the termination of this
Agreement. During this additional three (3) year period, Service Provider shall
annually and upon request of the City submit written evidence of this continuous
coverage.
Service Provider shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement. Any policy
inception date, continuity date, or retroactive date must be before the effective
date of this agreement and Service Provider agrees to maintain continuous
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coverage through a period of no less than three years after completion of the
services required by this agreement.
1. Minimum Limits of Insurance. Service Provider shall maintain limits
of insurance no less than:
(1) Commercial General Liability. $1,000,000 per occurrence,
$2,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability. No less than $1,000,000 combined
single limit for each accident.
(3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $1,000,000 per
occurrence and Employer's Liability Insurance with limits of at least $1,000,000.
(4) Professional Liability. $1,000,000 per claim and in the
aggregate.
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. Commercial 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 Service Provider performs; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
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) Service Provider'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.
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(3) Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains
to a given issue and is not intended by any party or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher
limits than the minimums shown above, the Agency requires and shall be entitled to
coverage for the higher limits maintained by the Vendor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the Agency.
(4) Coverage provided by the CONTRACTOR shall be primary
and any insurance or self-insurance or maintained by Agency shall not be required to
contribute to it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of Agency before the
Agency's own insurance or self-insurance shall be called upon to protect is as a named
insured.
(5) Any failure to comply with the reporting or other provisions of
the insurance 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 Coverage. Unless the City Manager
otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
against City, and its respective elected and appointed officers, officials, employees and
agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to
satisfy City that the insurance provisions of this contract have been complied with. The
City may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit "C". 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. Service Provider shall furnish certificates and endorsements from
each subcontractor identical to those Service Provider 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
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deductibles or self-insured retentions as respects City or its respective elected or
appointed officers, officials, employees and volunteers or the Service Provider 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 Service Provider's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
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