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17-155 M-Group, Consulting Services for Mobile Vendors RegulationsAGREEMENT BETWEEN THE CITY OF CUPERTINO AND M-GROUPFOR CONSULTING SERVICES FOR MOBILE VENDORS REGULATIONS THIS AGREEMENT, is entered into by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and M-Group, a California corporation whose address is 307 Orchard City Drive, Suite 100, Campbell, CA 95008 (hereinafter referred to as "Consultant") ( collectively referred to as the "Parties"). 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. 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 upon the terms and conditions herein. NOW, THEREFORE, the Parties mutually agree as follows: 1. TERM The term of this Agreement shall commence on October 16, 2017, and shall terminate on completion, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform each and every service set forth in Exhibit "A" pursuant to the schedule of performance set forth in Exhibit "B," attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed twenty-seven thousand, four hundred dollars ($27,400.00), based on the rates and terms set forth in Exhibit "C," which is attached hereto and incorporated herein by this reference, including all core tasks, and those optional tasks as authorized in writing by City staff. Optional tasks shall be authorized prior to performance. In order to request payment, Consultant shall submit monthly electronic invoices to C DDlnvoices @c upertino.org describing the services performed and the applicable charges (including a summary of work performed during that period, personnel who performed the services, hours worked, task(s) for which work was performed). 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 required by this Agreement 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 independent contractor. The manner and means of 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 {IRCA) 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 prohibiting harassment and discrimination, Consultant agrees that it shall not harass or discriminate against 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, sexual orientation, or any other protected class. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. IZl HOLD HARMLESS Standard Indemnification: Consultant shall, to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance, with respect to all services perfonned 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. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. 10 . INSURANCE: A. General Requirements. On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type , amount , class of operations covered , effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "D ". Such certificates, which do not limit Consultant's indemnification , shall also contain substantially the following statement: "Should any of the above insurance covered by this ce1iificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupe1iino by certified mail , Attention : City Manager." 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 acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates . 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 or maintain insurance . 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. City , its City Council , boards and commissions , officers , employees and volunteers shall be named as an additional insured under all insurance coverages , except workers ' compensations and any professional liability insurance , required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy . E. Sufficiency of Insurance . The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is ad v ised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insured City. Furthermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement , or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured , whichever is greater. 11. CONFLICT OF INTEREST Consultant warrants that it presently has no interest, and will not acquire any interest, direct or indirect , financial or otherwise, that would conflict in any way with the performance of this Agreement, and that it will not employ any person having such an interest. Consultant agrees to advise City immediately if any conflict arises and understands that it may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make ce1tain 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. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with any sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the subcontractor upon request. Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to City. 14. PERMITS AND LICENSES Consultant, at his/her sole expense, shall obtain and maintain during the te1m 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. Consultant may apply for a Cupertino Business License onLine . If the Consultant 's sole business contact within Cupertino is the sale of goods or services to the City itself, the Consultant may apply for an exemption from the business license tax . 15. REPORTS 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 Repo1i required by this Agreement and shall e x ecute 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 City deems appropriate . C . Consultant shall , at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Repo1is required to be provided by this Agreement shall be printed on recycled paper. All Repo1is 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, 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 Consultant receives final payment from City for all services required under this agreement. 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. NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 18. ENVIRONMENTALLY PREFERABLE PURCHASING Consultant shall comply with the City's Environmentally Preferable Procurement Policy whenever practicable in completing any work under this agreement, including but not limited to: • Using paper products made with recycled content and recycled/remanufactured toner and ink jet cartridges ; • Printing with soy or low volatile organic compounds (VOC) inks; • Using energy-star compliant equipment; • Using cleansers and working with janitorial contractors to meet Green Seal 's Industrial and Institutional Cleaners Standard; and • Ordering supplies electronically and practicing other internal waste reduction and reuse protocols. 19. 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 shall be addressed as follows: TO CITY: City of Cupertino 10300 Torre Ave . Cupertino CA 95014 Attention: Angela Tsui , Economic Development Manager TO CONSULT ANT: M-Group 307 Orchard City Drive, Suite 100 Campbell, CA 95008 Attention: Geoff I. Bradley, AICP , President & Principal 20. 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 Consultant fails to cure the default within the time specified and according to the requirements set forth in City 's written notice of default , and in addition to any other remedy available to .the City by law, the City Manager may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately . The City Manager shall also have the option , at its sole discretion and without cause , of terminating this Agreement by giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance. City shall pay Consultant for services satisfactorily performed up to the effective date of termination. If the termination if for cause , City may deduct from such payment the amount of actual damage , if any , sustained by City due to Consultant 's failure to perform its material obligations under this Agreement. Upon termination, Consultant shall immediately deliver to the City any and all copies of studies , sketches , drawings , computations, and other material or products , whether or not completed, prepared by Consultant or given to Consultant, in connection with this Agreement. Such materials shall become the property of City. 21. COMPLIANCE Consultant shall comply with all state or federal laws and all ordinances , rules , policies and regulations enacted or issued by City. 22. 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 Superior Court of the County of Santa Clara, State of California. 23. 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 . 24. 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. 25. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties , 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. 26. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27 . 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. 28. CAPTIONS AND TERMS 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. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF , the parties have caused the Agreement to be executed. CONSULTANT M-Group By Geoff I. Bradley , AICP Title: President and Principal Date (() /!z /; r I l RECOMMENDED FOR APPROVAL ~({k&._ Aarti Shrivastava Assistant City Manager MUNICIPAL CORPORATION City of Cupertino By Angela Tsui Title: Economic Development Manager Date 10/,3 /11 -------------D Over $175 ,000-Council Approval Required D Over $45 ,000 -Department Head Approval Required ~ Up to $45 ,000-De s ignat ed Supe rviso r Approval Required APPROVED AS TO FORM: City Clerk /O ~ Jtl -/) Exhibits: IZI Exhibit "A " -Scope of Services IZI Exhibit "B "-Schedule of Performance IZI Exhibit "C" -Compensation IZI Exhibit "D " -Insurance Requirements and Proof of Insurance D Exhibit "E " -Mandated Reporting Acknowledgement D Exhibit "F" -Background/Fingerprint/TB Declaration D Exhibit "G"-Nondiscrimination-State/Federal/HUD funded project D Exhibit "H " -Request for City Manager to Waive Informal Bidding Requirements EXPENDITURE DISTRIBUTION PO #201-Account: ID0 -11-rOS 75D -{)PI Amount: ~ J-1, frJO. /JP Total: ~ j1 -4-00 .W I Exhibit A Scope of Services The project will develop new regulations and policies to allow mobile vendors to provide their services in designated areas of the city . This project is intended to be complete within 5 months. PROJECT UNDERSTANDING The mobile vendors that will be allowed to operate under regulations and policies developed through this project provide a range of services and activities , such as •food trucks •dry-cleaning pick-up and delivery •bicycle repair trucks · •dentistry •hair styling •therapeutic massage , and •mobile fueling of private vehicles Other mobile services will be identified and designated as part of the scope of work . In the City 's 2016 Economic Development Strategic Plan (EDSP), Strategy 9 specifically notes both ongoing city efforts as well as recommended actions that will address the expanding issue of mobile vending , including food and numerous other personal services that have the potential to deliver mobile services. Many Bay Area communities have recently undergone , or are in the process of developing efforts to implement policies and regulations that guide mobile vendor activity , including Oakland , Fremont and San Francisco . As noted in the EDSP , Mountain View recently developed an expedited permitting process that specifically addresses potential traffic and congestion issues. All of the programs in neighboring communities can inform a process that establishes a Mobile Vendor Ord inance in the City of Cupertino . Before being implemented city-wide in designated areas , the mobile vendor regulations will initially be developed as a pilot project for specific parcels on Bubb Road, between Stevens Creek Boulevard and McClellan Road . SCOPE OF WORK We envision that the regulations , design standards , and adoption criteria developed under this Scope of Work for the Mobile Vendor Ordinance will be adopted as an amendment to the ML District ordinance (Chapter 19. 72 , Light Industrial (ML) and Industrial Park (MP) Zones) or an amendment to the City 's Mobile Vendor Permit Ordinance (Chapter 5.48 , Mobile Vendor Permits). The envisioned Pilot Project for the implementation of the Mobile Vendor Ordinance w ill be in the ML District. Upon completion of the Pilot Project , the City may elect to broaden the applicability of the Ordinance to General Commercial (CG) Zones . TASK 1 -KICK-OFF MEETING M-Group will meet w ith City staff to confirm the primary objectives of the new standards and requirements needed to implement a Mobile Vendor ordinance , initially as a pilot program on Bubb Road sites . The meeting will also include discussion of the project website , the community engagement strategy , and identification of project t imeline milestones . Task 1 Deliverable : Memorandum listing action items and outcomes of the Kick-Off Meeting. TASK 2 -COMMUNITY ENGAGEMENT Subtask 2.1 -Project Website Development M-Group w ill develop a project web page in coordination with development of project web pages for the Incubator & Accelerator Space and Innovation District Vision Plan projects . The three Project web pages will be linked to a common home page , with individual pages for each project. The home page will be embedded or linked within the City's existing website. Colors , styles , and fonts will be developed in a coordinated way that demonstrates a common design theme and emphasizes the relationship of all three projects to the overall strategy of implementing the EDSP. The webpage will be updated a minimum of once per month , or as necessary, with all relevant project information including updates about upcoming meetings and deliverables . Subtask 2.2 -Community Engagement Strategy M-Group will prepare a tailored outreach strategy for the Mobile Vendor Project based on the discussion with City staff at the Project Kick-Off Meeting . A significant component of the outreach will be to existing "Brick and Mortar" businesses in Cupertino to ensure those businesses understand the goals of the ordinance and can express concerns and provide input. M-Group will prepare all the materials and presentations for the website and community meeting for approval by city staff. This Scope of Work assumes that City staff will take the lead on meeting notifications and logistics . Task 2 Deliverables: Project Webpage and Memorandum outlining the Community Engagement Strategy. TASK 3 -DRAFT REGULATIONS AND POLICIES Subtask 3.1 -Background Research on Mobile Services M-Group will research regulations and design standards being used in other communities to regulate mobile services. M-Group will review the City 's CG and ML ordinances as well as the Mobile Vendor Permit Ordinance to develop a preliminary list of potential uses , services , and site development regulations to be considered as part of this project. This research could also develop a list of services or types of mobile activities that would not be allowed . Subtask 3.2 -Develop Criteria M-Group will develop a set of criteria that could be used as a checklist during the Mobile Vendor Permit process . Subtask 3.3 -Site Selection M-Group will conduct a survey of potential sites at which mobile services are envisioned to be allowed , specifically focused on Pilot Project sites. This will help us develop an understanding of potential issues that might be involved with the use of the site , including general site and urban design solutions that could be considered for vendor staging . M-Group assumes that this site survey will only consider sites the City envisions being used for the Pilot Project to introduce the Mobile Vendor ordinance . Subtask 3.4 -Urban Design Standards M-Group will develop an illustrated selection of site design criteria that are necessary components of the Mobile Vendor ordinance . Subtask 3.5 -Draft Regulations and Policies M-Group will develop for city review draft regulations and policies to implement a Mobile Vendor ordinance . We envision that these will be developed as an amendment to the ML District ordinance (Chapter 19 .72 , Light Industrial (ML) and Industrial Park (MP) Zones) or an amendment to the City 's Mobile Vendor Permit ordinance (Chapter 5.48 , Mobile Vendor Permits). Task 3 Deliverable : Draft Mobile Vendor ordinance with design standards for City review. TASK 4 -STAFF REVIEW Following City review , M-Group will meet with City staff to discuss proposed modifications to the Draft MDbile Vendor ordinance in advance of public review. TASK 5 -COMMUNITY INPUT Subtask 5.1 -Revised Modifications M-Group will create a revised Draft Ordinance for use on the project web page and at the Community Meeting . Subtask 5.2 -Post to Website Following City review of the Revised Draft Ordinance , M-Group will post it to the project web page . Subtask 5.3 -Community Meeting M-Group will plan for and facilitate a workshop with the community , including retail and restaurant business owners , to provide an overview of the proposed Mobile Vendor Ordinance . The M- Group team will provide all appropriate materials and presentation to help facilitate the workshop . City staff will be responsible for meeting logistics (meeting location , food and beverages , etc .). Task 5 Deliverables: Revised Draft Ordinance . Workshop meeting agenda , presentation , workshop materials and summary of results and community comments. TASK 6 -REVISIONS TO THE COMMUNITY DRAFT Following discussion with City staff regarding issue and comments made during the Community Workshop , M-Group will prepare the Mobile Vendor ordinance . We assume the ordinance will initially be designated for specific parcels in the Bubb Road area as a Pilot Project. Task 6 Deliverable: Final Draft of the Mobile Vendor Ordinance . TASK 7 -CEQA COMPLIANCE Based on the currently available information , M-Group envisions that compliance with CEQA will be achieved using a Categorical Exemption. This preliminary determination will be reviewed on an on-going basis to ensure compliance with CEQA. Based upon the scope of this project , the development of standards and requirements to allow mobile vendors on developed employment sites , it would appear to be consistent with the intent of a Class 4 Exemption since the implementation of any new standards and requirements would result in an activity consistent with a Class 4 Exemption . Activities under the Class 4 Exemption consist of minor public or private alterations in the condition of land , water, and/or vegetation which do not involve removal of healthy , mature , scenic trees . Examples include , but are not limited to : ... "(e) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals , sales of Christmas trees , etc ." As part of this task M-Group will prepare language for inclusion in the staff report and will prepare the Notice of Exemption following the final approval action by the City . This scope of work assumes that the City will file the Notice of Determination with the County . Task 7 Deliverable: Notice of Ex emption. TASK 8 -PUBLIC HEARINGS M-Group will attend up to two public meetings as part of this scope of work. Additional public meetings beyond the two anticipated would be charged on a time and materials basis. M-Group will prepare a PowerPoint presentation for use before the Planning Commission and City Council. This task assumes that only minor revisions will be needed to update the PowerPoint presentation for the City Council. Task 8 Deliverable : Staff report summarizing the Mobile Vendor Ordinance, including rationale for the Notice of Ex emption . The M-Group project manager will attend the public hearings and present the proposed ordinance provisions to the Planning Commission and City Council. OPTIONAL TASK 9 -CALIBRATION Following introduction of the Pilot Project, M-Group will revisit the regulations , policies , and design standards of the Mobile Vendor Ordinance , so that it could be applied to a broader selection of parcels or zoning districts in the City . As part of this Optional Task, M-Group will identify sites and parcels for which the ordinance would be allowed . END SCOPE OF WORK l -· ----------~ --- I ~ I --.. -' I ' i;; ! Tas~ ·ouratlon : 9 1 I ICicls..Olf..M.ii~tlM, ~-111:'lll:I 'il'lll'~ .J' L -" •1 day, .2 :(communt(Y,f l"l&ase:.m en t -.. 2weeks ., . 2.1 \Ptt)J«_t:Wtb$Jte ·Oeyek)'/fl11e.nt 22 1 Commvniw =-~~-emenr Straren - L 3 , I PtarftltimFallo1is ao d..f:o.lld.es _J L ~eks 3.1 IBacl<KtQWJd R~ch 3.2 O(V_(k,p <rnuia . 1 3.3 ' Sitt ~feaJor, 1, ~3.4/ urbii' , __ -i_$rmJdords I --1 .:....:... ._.z;. 3.5 .oraft Regulations or,dlPolkies ........ 4 1 s;r.affltevJe.w I 2weeks s c:on,)»Ul,J(Y;l l'IJ>U t I sweeks -S-1 ! fltYi.S_t_d_MOd}/k<IQ_O'fJ$_ ... 'I Si::?! Post«> Website ~ . ---·-- c~3 1 O>mmunltY.M«dM' I 6 J ltevlsFo):Js,to,the E~mun lt:Yf Otaft: j I 3,weeks I 7 1 CEQAtCompljanci -3weeks 8 1 Pu61fo HeiffrutS , -4weeks PROJECT SCHfDU LE MQDII.IEVENDORS iREGUl.ATION S ----- week of October November Dece m ber Janu ary Fe br,uary March 16 23 30 1 6 13 20 27 4 11, 18 25 1 8 15 22 29 5 12 19 26 s 12 19 1' : ·, ~: ,. ~ ,j~'·~ ~ . ,...:.•:to-.... ~ l-iii :~ tt:; ' lt.~. ·~~ ' I 1 ·::i:'\t /f:~.t· [!.f§! :1 ~ l :I -. - 28 r.ri n =-ti) Q., = ~ ti".! 0 >< .... =- "'O s: ti) -· ., -;-, to ., 8 ~ = n ti) Exhibit C 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 fo11h below. Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount set fo11h below. The compensation to be paid to Consultant under this Agreement for all services described in Exhibit "A" and reimbursable expenses shall not exceed a total of twenty-seven thousand , four hundred dollars ($27 ,400), as set forth below. Any work perfo1med 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. Task Not to Exceed Amount FEE Mobile Vendors Regulations Task Task Description M-Group 1 Kick-Off Meeting $880 2 Community $1 ,870 Engagement Strateqy 3 Draft Regulations $12,080 and Policies 4 Staff Review $710 5 Community Input $5,350 6 Revisions to $2 ,180 Community Draft 7 CEQA Compliance $800 8 Public Hearinqs $3,000 Reimbursable Expenses I $530 PROJECT TOTAL I $21,400 Invoices D Monthly Invoicing: In order to request payment, Consultant shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including a summary of work performed during that period , personnel who performed the services , hours worked , task(s) for which work was performed). D Invoicing based on percentage of work complete: (select Public Works contracts only) On the first day of each month, Consultant shall submit a written estimate of the total · amount of work done the previous month. Payment shall be made for 90% of the value of the work. The City shall retain 10% of the value of the work as partial security for the completion of the work by Consultant Retained amounts shall be paid to Consultant within 30 days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Consultant on retained funds. 0 Other billing: Reimbursable Expenses Administrative , overhead , secretarial time or overtime , word processing, photocopying , in house printing , insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. Travel expenses must be authorized in advance and shall only be reimbursed to the extent consistent with City travel policy . Additional Services Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from the City 's Project Manager prior to commencement of any additional services. Consultant shall submit , at the Project Manager's request , a detailed written proposal including a description of the scope of additional services , schedule , and proposed maximum compensation. Exhibit D Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured . Consultant shall maintain the following minimum insurance coverage: A. COVERAGE: (I) (2) (3) ~ (4) Workers' Compensation : Statutory coverage as required by the State of California. Liability: 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 . 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 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.