14-173 David Greensfelder for GPA/Housing Project consultant services ECON D AME MENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO
FELDER COMMERCIAL REAL ESTATE,LLC.FOR CONSULTANT
SERVICES FOR THE GENERAL PLAN AMENDMENT/HOUSING ELEMENT
/ l PROJECT POr e9cP
This Second Amendment to the Agreement between the City of Cupertino and
Greensfelder Commercial Real Estate,,,�LLC, for reference dated December 2, 2014, is by and
between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and
Greensfelder Commercial Real Estate,,,LLC, a limited liability corporation, ("Consultant")whose
address is 955 Ordway Street, 2nd Floor, Albany, California, 94706-2142 and is made with
reference to the following:
RECITALS:
A. On November 10, 2014, an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for Consultant Services for the General Plan
Amendment and Housing Element Project.
B. City and Consultant desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Term: The services and/or materials furnished under this Second Amendment to the
Agreement shall commence on December 2, 2014, and shall be completed on or before
December 31, 2014, or as extended by Agreement.
2. Services: Consultant shall complete the additional services under this Second
Amendment as shown in Exhibit"A".
3. Compensation: Consultant shall be paid an additional amount not to exceed $2,050.00
for services listed in Exhibit"A"to this Second Amendment.
4. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
(This portion of the page intentionally left blank)
CONSULTANT CITY OF CUPERTINO
®� A Municipal Corporation
By By
NAT�blfilo
Title kuolS Title
Date ►�4�1iw
RECOMMENDED FOR"P,.OVAL:
By/
APPR V D AS TO FORM:
By
City Attorney
ATTEST:
City Clerk d 31 u
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
PO 900058798
Original Contract:110-7302-9328 $7,500.00 0
Amendment#1 $6,000.00 ✓ 3
Amendment#2: $2,050.00
Total: $15,550.00
EXHIBIT A-Amendment#2
Scope of Services and Compensation
I. Scope of Services: Consultant shall provide professional consulting services as
requested by City for the General Plan Amendment / Housing Element project in
Cupertino, (the "Project"). The tasks include attending the City Council meeting on
December 3rd,2014,if the council continues the December 2nd meeting.
II. Compensation:
City shall compensate Consultant for professional services in accordance with the terms
and conditions of this Agreement based on the rates and compensation schedule set
forth below. Compensation shall be calculated based on the hourly rates set forth below
up to the not to exceed budget amount set forth below.
The compensation to be paid to Consultant under this Agreement for all services
described under Section 1 of this Exhibit and reimbursable expenses shall not exceed a
total of ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800). Any work
performed or expenses incurred for which payment would result in a total exceeding the
maximum amount of compensation set forth herein shall be at no cost to the City.
III. Rates:
Hourly Rate:$300.00/hour,for an estimated 6 hours,not to exceed$1,800.
IV. Title:General Plan Amendment/Housing Element
V. Invoices
In order to request payment, Consultant shall submit invoices for work completed to the
CITY describing the services performed and the applicable charges (including a
summary of work performed during that quarter, personnel who performed the
services,hours worked,task(s)for which work was performed).
VI. Reimbursable Expenses
Mileage for City Council meeting(s) attendance for General Plan Amendment/Housing
ElementPjroect,not to exceed$250.00
F RST AME MENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO DAVID GREENSFELDER COMMERCIAL REAL ESTATE,LLC.
FOR CONSULTANT- SERVICES FOR THE GENERAL PLAN
AMENDMENT/HOUSING ELEMENT PROJECT
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This First Amendment to the Agreement between the City of Cupertino and EWFid
Greensfelder Commercial Real Estatep LLC, for reference dated November 20, 2014, is by and
between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and RMTEW
Greensfelder Commercial Real Estat%LLC a limited liability corporation, ("Consultant") hose
address is 955 Ordway Street, 2nd Floor, Albany, California, 94706-2142 and is made with
reference to the following:
RECITALS:
A. On November 10, 2014, an agreement was entered into by and between City and
Consultant (hereinafter, "Agreement") for Consultant Services for the General Plan
Amendment and Housing Element Project.
B. City and Consultant desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Term: The services and/or materials furnished under this First Amendment to the
Agreement shall commence on November 20, 2014, and shall be completed on or before
December 31, 2014, or as extended by Agreement.
2. Services: Consultant shall complete the additional services under this First
Amendment as shown in Exhibit"A".
3. Compensation: Consultant shall be paid an additional amount not to exceed$6,000.00
for services listed in Exhibit"A"to this First Amendment.
4. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
Name of Consultant CITY OF CUPERTINO
A Municipal Corporation
By �/� By
iai&
Name,Title
Title
Date
Date
RECOMMENDED FOR APPROVAL:
Za
me, e4
APPRO ED AS TO FORM:
By
Carol Korade,City Attorney
ATTEST:
By +
Grace Schmidt, City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
Contract Amount: $7,500.00
Amendment#1 Amount: $6,000.00 le
Total Amount: $13,500.00
Exhibit A-Amend #2
Scope of Services and Compensation
I. Scope of Services: Consultant shall provide professional consulting services as
requested by City for the General Plan Amendment/Housing Element project in
Cupertino, (the "Project"). The tasks include (A) Coordinate with staff,prepare slides,
talking points, attend a community meeting on November 20, 2014,present slides
regarding the City's Retail Strategy, particularly the Vallco Shopping Mall and respond to
questions that may be posed, and (B)be available to speak or answer questions in
connection with the Retail Strategy Report at a December 2,2014 City Council meeting.
II. Compensation:
City shall compensate Consultant for professional services in accordance with the terms
and conditions of this Agreement based on the rates and compensation schedule set forth
below. Compensation shall be calculated based on the hourly rates set forth below up to the
not to exceed budget amount set forth below.
The compensation to be paid to Consultant under this Agreement for all services described
under Section 1 of this Exhibit and reimbursable expenses shall not exceed a total of SIX
THOUSAND DOLLARS ($6,000). Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the City. P
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III. Rates:
Hourly Rate: $300.00/hour,for an estimated 20 hours,not to exceed$6,000.
IV. Title: General Plan Amendment/Housing Element
V. Invoices
In order to request payment, Consultant shall submit invoices for work completed to the
CITY describing the services performed and the applicable charges (including a summary
of work performed during that quarter,personnel who performed the services,hours
worked,task(s)for which work was performed).
VI. Reimbursable Expenses
Mileage for City Council meeting attendance for General Plan Amendment/Housing
Element project,not to exceed$100.00
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAVID
GREENSFELDER FOR CONSULTANT SERVICES FOR THE GENERAL PLAN
AMENDMENTMOUSING ELEMENT PROTECT
THIS AGREEMENT,for reference dated November 10111, 2014, is by and between C
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and
Grer ensfeldu—CmmmerciaLReakEatitcJ.J C,, a California, whose address is 955 Ordway
Street, 2nd floor, Albany CA 94706-2142 (hereinafter referred to as "Consultant"),and is
made with reference to the following:
RECITALS:,
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is
now being conducted under the Constitution and the statutes of the State of
California and the Cupertino Municipal Code.,
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background, certification
and knowledge to provide the services described in this Agreement on the terms and
conditions described herein.
D. City and Consultant. desire to enter into an agreement for consulting
services for the General Plan Amendment/Housing Element project upon the terms
and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on November 101h, 2014, and shall
terminate on December 315f,2014,unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" which
is attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed' pursuant to this
Agreement in the amount set forth in Exhibit. "A" which is attached hereto and
incorporated herein by this reference. Payment shall be made by checks drawn on
the treasury of the City, to be taken from the 110-7302-9328 fund.
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4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding' the
performance of this Agreement.
5, STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San Francisco
Bay Area and agrees that all services shall be performed by qualified and experienced
personnel who are not employed by the. City,nor have any contractual relationship
with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer-independent contractor. The.manner and means of
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conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any
fees due Consultant. Payments of the above items, if required, are the responsibility
of Consultant.
7. IMMIGRATION REFORM AND CONTROL ACT URCM
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss,
damage, liability, costs or expenses arising from any noncompliance of this provision
by Consultant.
8. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,
sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
Indemnification:
Consultant shall, to the fullest extentallowed by law, with respect to all services
performed in connection with the Agreement,indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers
from and against any and all liability,.claims, actions, causes of action or demands
whatsoever against any of them, including any injury to or death of any person or
damage to property or other liability of any nature, whether physical, emotional,
consequential or otherwise, arising out, pertaining to, or related to the negligent
performance of this Agreement by Consultant or Consultant's employees, officers,
officials, agents or independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs
and fees of litigation.
A. Claims for Professional Liability, Where the law establishes a standard of
care for Consultant's professional services, and to the extent the Consultant
breaches or fails to meet such established standard of care, or is alleged to
have breached or failed to meet such standard of care, Consultant shall, to the
fullest extent allowed by law, with respect to all services performed in
connection with'the Agreement, indemnify, defend, and hold harmless the
City and its officers, officials, agents, employees and volunteers from and
against any and all liability, -claims, actions, causes of action or demands
whatsoever against any of them, including any injury to or death of any
person or damage to property or other liability of any nature, that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of
Consultant or Consultant's employees, officers, officials, agents or independent
contractors. Such costs and expenses .shall include reasonable attorneys' fees
of counsel of City's choice, expert fees and all other costs and fees of litigation.
Consultant shall not be obligated under this Agreement to indemnify City to
the extent that the damage is caused by the sole negligence or willful
misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with the
Agreement.indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers from and against any and all
liability, claims, actions, causes of action or demands whatsoever against any of
them, including any injury to or death of any person or damage to property or
other liability of any nature, that arise out of, pertain to, or relate to the
performance of this Agreement by Consultant or Consultant's employees,
officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys' fees of counsel of City's choice, expert fees
and all other costs and fees of litigation.
10. INSURANCE:
Upon written request by the City, Consultant shall.furnish City with evidence
of insurance coverage in compliance with paragraphs 10A, B, C, D and E. It is agreed
that Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement with
an insurance company that is licensed to do insurance business in the State of Q
California. �(
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation: Not required, Consultant
has no employees.
(2) Lia ilit
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate-all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence or
Combined Single Limit: $500,000 each occurrence
f (4) Professional Liability:
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the
amount of at least$1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for
which he/she has agreed to provide comprehensive general and automotive liability
insurance, Consultant shall look solely to his/her insurance,for recovery. Consultant
hereby grants to City, on behalf of any insurer providing comprehensive general and
automotive liability insurance to either Consultant or City with respect to the
services of Consultant herein, a waiver of any right to subrogation which any such
insurer of said Consultant may acquire against City by virtue of the payment of any
loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such insurance in
the Consultant's name or as an agent of the Consultant and shall be compensated by
the Consultant for the costs of the insurance premiums at the maximum rate
permitted by law and computed from the date written notice is received that the
premiums have not been paid.
D. ADDITIONAL INSURED: Intentionally omitted.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant'is advised to confer with Consultant's insurance broker
to determine adequate coverage for Consultant.
11. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a
conflict of interest form if the services provided under this agreement require
Consultant to make certain governmental decisions or serve in a staff capacity as
defined in Title 2, Division 6,Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement,
or any interest therein, directly or indirectly, by operation of law or otherwise,
without prior written consent of City. Any attempt to do so without said consent
shall be.null and void, and any assignee, sublessee, hypothecate or transferee shall
acquire no right or interest by reason of such attempted assignment, hypothecation or
transfer. However, claims for money by Consultant from City under this Agreement
may be assigned to a bank, trust company or other financial institution without prior
written consent. Written notice of such assignment shall be promptly furnished to City
by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant, shall be construed as an assignment of this Agreement. Control means
fifty percent(50%)or more of the voting power of the corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be
used in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall
be required to furnish proof of workers' compensation insurance and shall also be
required to carry general, automobile and professional liability insurance in
reasonable conformity to the insurance carried by Consultant. In addition, any
work or services subcontracted hereunder shall be subject to each provision of this
Agreement.
14. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term
of this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
15. REPORTS: If a written report is to be prepared as part of services to be rendered
under this agreement,
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this
agreement, shall be the exclusive property of City. Consultant shall not copyright any
Report required by this Agreement and shall execute appropriate documents to assign
to City the copyright to Reports created pursuant to this Agreement. Any Report,
information and data acquired or required by this Agreement shall become the
property of City, and all publication rights are reserved to City. Consultant may
retain a copy of any report furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired; (2)
Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate,
n ultant shall at such time and in such form as Ci may require, furnish
C. Cos y q ,
City
reports concerning the status of services required under this Agreement.
' 4 3
D. All Reports required to be provided by this,Agreement shall be printed
on recycled paper. All Reports shall be copied on both sides of the paper except for
one original,which shall be single sided.
E. No Report, information or other data given to'or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
16. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate
to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with .generally accepted accounting principles and shall be. clearly
identified and readily accessible. Consultant shall provide free access to such books
and records to the representatives of City or its designees at all proper times, and
gives City the right to examine and audit same, and to make transcripts
therefrom as necessary, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with
supporting documents, shall be kept separate from other documents and records and
shall be maintained for a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the City's
supplemental examination or audit of the records discloses a failure to adhere to
appropriate internal financial controls, or other breach of contract or failure to act in
good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail,postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
Attention: Aard Shrivastava
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
Greensfelder Commercial Real Estate LLC
955 Ordway Street, 2nd Floor
Albany, CA 94706-2142
Attn: David Greensfelder
18. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be deemed
in default in the performance of this Agreement. If such default is not cured within
within the time specified after receipt by Consultant from City of written notice of
default, specifying the nature of such default and the steps necessary to cure such
default, City may terminate the Agreement forthwith by giving to the Consultant
written notice thereof.
City shall'have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, each party shall
pay to the other party that portion of compensation specified in this Agreement that is
earned and unpaid prior to the effective date of termination.
19. COWLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules
and regulations enacted or issued by City.
20. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the
State of California excepting any choice of law rules which may direct the application
of laws of another jurisdiction. The Agreement and obligations of the parties are
subject to all valid laws, orders, rules, and regulations of the authorities having
jurisdiction over this Agreement(or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the
courts of the County of Santa Clara,State of California.
21. ADVERTISEMENT:
- Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written
approval has been secured from City to do otherwise.
i
22. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant, or condition contained herein, whether of the same or a
different character.
23. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind
or nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions hereof. Any
modification of this Agreement will be effective only by written execution signed by
both City and Consultant.
24. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein, and the Agreement shall be read and
enforced as though each were included herein. If through mistake or otherwise, any
such provision is not inserted or is not correctly inserted, the Agreement shall be
amended to make such insertion on application by either party.
25. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
Greensfelder Commercial Real Estate A Municipal Corporation
LLC '
By By r
Title C Ti a Senior Pja4ner
Date It C9 Date I'l I,D 11
RECOMMENDED FQR]APPROVAL:
Assirt' irector, Comm Development
i
E i
AftPRZDTOF RM:
eL
Caro Korade, City Attorney
A TE-ST:
�J
Grace Schmidt,City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
110-7302-9328 $7,500.00
PO.#
I�
� aa
Total: $7,500.00
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EXHIBIT A
Scope of Services and Compensation
I. Scope of Services: Consultant shall provide professional consulting services as
requested by City for the General Plan Amendment/Housing Element project in
Cupertino, (the "Project'=).The tasks include(A) Respond in writing to questions that might
be posed to Consultant a reasonable amount of time before the Planning Commission
meeting, (B)Review staff report, and(C)be available to speak or answer questions in
connection with the ketail Strategy Report at a November 10, 2014 City Council meeting.
H. Compensation:
City shall compensate Consultant for professional services in accordance with the terms
and conditions of this Agreement based on the rates and compensation schedule set forth
below. Compensation shall be calculated based on the hourly rates set forth below up to the
not to exceed budget amount set forth below.
The compensation to be paid to Consultant under this Agreement for all services described
under Section 1 of this Exhibit and reimbursable expenses shall not exceed a total of SEVEN
THOUSAND FIVE HUNDRED DOLLARS ($7,500).Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the City.
III. Rates:
Hourly Rate: $300.00/hour,for an estimated 25 hours, not to exceed$7,500.
IV. Title: General Plan Amendment/Housing Element
V. Invoices
In order to request payment, Consultant shall submit invoices for work completed to the
CITY describing the services performed and the applicable charges (including a summary
of work performed during that quarter,personnel who performed the services,hours
worked,task(s) for which work was performed).
VI. Reimbursable Expenses
Mileage for City Council meeting(s) attendance for General Plan Amendment/Housing
Element project,not to exceed$250.00