Resolution No. 6062
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RESOLUTION NO. 6062
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING AND AUTHORIZING THE
EXECUTION OF A CONSULTING AGREEMENT BETWEEN
THE CITY OF VERNON AND ITS REDEVELOPMENT
AGENCY AND SUSSMAN/PREJZA & COMPANY, INC. TO
PROVIDE TECHNICAL ASSISTANCE IN DESIGNING AND
PREPARING THE MARKETING SECTION OF THE
PRELIMINARY APPLICATION FOR THE ENTERPRISE
ZONE PROGRAM
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WHEREAS, the State of California has established an
9 Enterprise Zone Program whose goal is to stimulate growth and
10 revitalization in economically distressed areas throughout the
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12 WHEREAS, an Enterprise Zone is a specific designated area
13 in which companies doing business can take advantage of State and
14 local incentives and programs not available to businesses outside
15 the Enterprise Zone; and
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WHEREAS, by offering such incentives and programs,
17 businesses can be attracted to such an Enterprise Zone, and
18 companies can be persuaded to remain in such an Enterprise Zone;
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20 WHEREAS, each Enterprise Zone must contain an eligible
21 area with a population of at least 2,500 and meeting certain
22 criteria, a commercial area and an adjacent industrial area; and
23 WHEREAS, the City of Bell not only has a population which
24 exceeds 2,500 and meets the certain criteria, but also contains a
25 commercial area; and
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WHEREAS, the City of Vernon not only contains an
27 industrial area, but also is located adjacent to the City of Bell;
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WHEREAS, the application area, which consists of the
entire City of Bell and the entire city of Vernon, including the
redevelopment project areas in both cities, is a depressed area,
and designation of such an area as an Enterprise Zone is necessary
in order to attract private sector investment to the application
area.
WHEREAS, Susmann/Prejza & Company, Inc. has represented
that it is experienced and qualified to provide technical
assistance in designing and preparing the marketing section of the
preliminary application for the Enterprise Zone Program; and
WHEREAS, the City of Vernon, its redevelopment agency and
SusmannlPrejza & Company, Inc. desire to enter into an agreement
whereby SusmannlPrejza & Company, Inc. would provide such technical
assistance for the preliminary application by the City of Vernon,
its agency, the City of Bell and its agency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon
approves the Consulting Agreement, a copy of which has been
presented to the City Council concurrently with this resolution,
and the City Council hereby orders said Agreement to be received
and filed by the City Clerk.
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SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement
for, and on behalf of, the City of Vernon.
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SECTION 4: The City Clerk of the city of Vernon shall
certify the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 24th day of February, 1992.
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~: ATT/~ v/~~
12 BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST I City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6062, was duly adopted by the City Council of the
City of Vernon at an adjourned regular meeting of the City Council
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duly held on Monday, February 24, 1992, and thereafter was duly
signed by the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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CONSULTING AGREEMENT
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THIS AGREEMENT is made,
entered into and executed in
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duplicate originals, either copy of which may be considered and used
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as the original hereof for all purposes, as of this 24th day of
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February, 1992, in the city of Vernon, county of Los Angeles,
California
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BY AND BETWEEN
THE CITY OF VERNON (hereinafter
referred to as "Vernon")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
(213) 583-8811
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THE REDEVELOPMENT AGENCY OF THE
CITY OF VERNON, a Public Body,
Corporate and Politic, duly
created and established pursuant
to the Community Development Act
of the State of California
(hereinafter referred to as
"Agency" )
4305 Santa Fe Avenue
Vernon, CA 90058-0805
(213) 583-8811
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AND
SUSSMAN! PREJZA & COMPANY, INC.
(hereinafter referred to as
"Consultant")
3960 Ince Boulevard
Culver City, CA 90232
(213) 836-3939
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WITNESSETH
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WHEREAS, it is the desire of Vernon and Agency to hire the
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Consultant for the purpose of providing technical assistance in
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designing and preparing marketing materials for the Economic
25 Development Plan section of the preliminary application for the
26 State of California Enterprise Zone Program which will be submitted
27 jointly by Vernon, Agency, the City of Bell and BellIs redevelopment
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NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
SECTION 1: Scope of Services.
The services to be provided are described on pages 2 and 3,
Scope of Work, of the February 21, 1992 proposal from Consultant to
Assistant to the City Administrator Gerald W. Forde, designated
Contract for Design Services, which is attached hereto as Attachment
A. Said pages 2 and 3 are incorporated herein by this reference as
though fully set forth.
SECTION 2: Performance.
after
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IN WITNESS WHEREOF, the parties hereto have executed this
2 Agreement or caused this Agreement to be executed by their
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respective officers, duly authorized, as of the date, month and year
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first above written.
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CITY OF VERNON, a municipal
corporation
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BY: ~,. ~HL.
--- ONIS C. ~, Ma:;tr
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ATTE/f
BY:
BRUCE V.
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APPROVED AS TO FORM:
BY, .\)~e" .V)~/
DAVID B,BREARLEY, City At rney
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THE REDEVELOPMENT AGENCY OF THE
CITY OF VERNON
BY:~'
/~~ ONIS C.. MALBU G, Chai man
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ATTEST' /? .
BY: /~
BRUCE V. MALKENHORST,
Secretary
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APPROVED AS TO FORM:
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BY, U .~ \1:;" .\1.2.~
DAVID B. BREARLEY, Legal Cou el
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SUS~PREJZA & COMPANY,
1ttt. 'A.u76A-, ~/
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TITLE: ~ t4~ p~-;r-.
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INC.
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FEE 21 ~~~'i2:40
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P.8/18
su..manh-reiza & Com....y,lnc.
Clant1"ac;t for DeaiSin S6lrvf(es
Toa
Mr. Ge!a1d Focdc
A$~$UVlt to the City Administr.ltor
City ot Vernon
4305 Santa Fe Avenue
Verm111. CA 900:S8
Preject:
V6mon . r..1I ;"tarpri.. Zon.
Mark.tinS! Materials
Date:
February 20. 1992
EXHIBIT
A
Propo.;~ lor Vernon - Bc:11 Enl~ris.. Zoo: r.g" 1 of 11
n ,":'".te.
~FEB~21 t92~12:41
Purpose
Seep. of Work
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Sussman !Prolza & C....pany, Inc.
Sussman/Prejz.a & Company. Ine. (SIP) is plwod to submit t11e fOllowing
proposal for nuu-keting mw.r.rials for the Vemon - Bell E.nterprise ZOne.
Th& PU1'pQso of this proposal is to descnbe the recommended ~ by
which SIP. wOrking ~gerherwith Client. will conduct 1he design $tl,tdy.
Afu:r S1 dcscrlptiOrtof the sco~ of work and tho Phase I proce4ures. this proposal
liStS time and cost estimatts for the Project.
SIP will consult. dC&ign, coorditlalC and assistClitnt on mar\:eting materials U')
inotude mock ups of the fOllowing ilems:
· Lo~o
Kame or~ne (in collaboration with M2geUan)
· A "jOJCket" with. POC'k6ts
· A sample brochuretpamphIer
2-3 il'lSl;r'w
Business Cards
Swlotlery ancenvelopcs
Exact format" and conr~1 will be detecmincd in colhbotation with the ~cUtUl
Group and CUent.~' representl.tivc~.
Propocsl fo~ VCrtlCln - Bdl En~ Zo::e ~..~c ~ uC 11
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FEE 21
792.12: 41
prot.adure
Broeh.urelLogo Program
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Sussman IPrei:rta & Company, Ine"
Dctet Collection, Anc:dy.l. t;lnd CcncClptual. besfsn
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Meet with Client auu ClielllCo~t.t1tants to revIew Project scope.
Visit Project site a:od review sile condltIons.
Re'liew all relevant data fOt the Project gathered by othm to inclu~
Existing logos. symbOls and typography
Existin~ marketing materials
Existing prin~ materials
Resol.l1'CC.and ~ference matcrials
Wrltten outline of ProjOCt objectives, approoch. content and historic
n;:ference
Review Project bud,.oet daUl and time sch~utes.
Review any researoh completed for the Project by oth~
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nef"U\e preliminary con~nL
~vc:lup a content "'dummy" to de~tne nlJmoor of pages requited and
general approacht "feel" and content of brochure.
D<.vclop two (2) to thr" (3) conceptual Oi.rcctions fOC' logot>'PC UldIor
logotype Symbol design in rough wmps.
Coordinate with Magel1M a prelimitury outline of'copy and captions
mquired.
Develop conceptual ~Ilic direction ot the brochute including maps.
photos. tYPOgraphy, color and papers.
~nt ClevelOJ)C.d marmals to OicnL lnd Client Consultltlts in sketch
form ("or review and approval.
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Pmpocu for V.rnOl:l . Bell Ema:rpri~t: Zoftc Pa,.:) of 11
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FEB 21 '92 12:42
Services Not 'nduded
Sch.dule
Meetings
F... and. UP4K1set
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Iusslnan / Pr.lzG & Comp.IIY, Inc.
SIP's ~'ices, unless SpeCified under SCOJ)6 of Work and Pn::lcedure, do not
include.;
Preparation of specialprescm.ational matm.als. StiCh as deWJed rendcring;s.
models, tabrieation samples or slide presentations.
Spl;Cial creative scrvi~s such as photography. writini. editing.
ifIustration or the preparation of any special anwork $f,lCh as the
genc~tion of additicaallogotypes aJ1d special \ypefaces. ~ or
charts.
Implementation services such as printin,. fabrication or installation.
SpcciaIi);t.:l production services such as typeSetting Ot"proofreadIng.
'When required. these services will be provided either by &pOcifie4 sub-con.a2otOC'S
and supervised by SIP. or directly by SIP when designated in writina by the
ClicnL BiIlin~ for these ~rvices will M !It'\nl TO tht Client eithetd1t~l.1y or as
reimbursable txpcn:;es.
The following schedule is :. guideline of the minimum time req,uIred:
?hase I Due on March 1. 1992 as per
Client's requirements.
A lOW of two (2) meetinis are included in the Fees and ~~es listed below.
Anr add.itiotUI meetings ht.\d :1{ the requ~t of the Cli~nt \\till be ctw-icd on 8.
timo and malerial~ h~~~
Contract Amount
For fees and e:<.pcl1$Cl; associated with the ser-.;CC$ df:lsmbod above. SIP
shall be compc1'1$;1tod in tho amount to (ollow;
Phases 1 o:1i)'
F~;
E.'o::pcnsw
S7.500.oo
500.00
Subtotal
58.000.00
. AIiY t"CQuired applic:.elJl..: C4lIifomia $Ute sales l:1.:<: DOt included.
(See Fees and Expenses - Description for morc Oetails).
t'ropo.ll.! (or Vernon - B:u C:ltcrpn'C Zooc l"a,~ ~ of 11
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FEE 21 '92 12:42
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Sussman/prei:&CI & Centpany, Inc.
F~ and Exp0nses
P..e~(rfption
De$i~ Fees
Design fees wtIl be COn'll'uwJ on an hourly basis based. Cll'\ Che followingnu.c
schedule:
Principal
· Associate
· Project Martager
S~ior Designer
De$lgnc:r/Production
SlSO.oOfnr
l00.oo/hr
80.00/hr
60.00/hr
45.001ht
ToLal tresiKn fees are not to c.xcted the mutuall)' agreed upon estimate without
pnor canscnt of the CHenL BininQ' will be on a monthly basis.
Any addlr10wphases of work or~leTllents, as requesled by Client and which are
not itemized in Chis proposal, will require additional time: and wiU be billed in
addition to the abOve oudined l~limate.
Reimbursable Expenses
The above expen.~~ ll!e estimated !wed on our paS[ expcricnec. SI? $hall be
reimbursed for Mll expenses rt\tJ:ltM ro the ProjCl;t. Client will be nQaned in
advan~ if expenses are eX~lcd to exceed the cstim:\ced figure.
Reimb~bl. expen$ef' are in .:iddition to proCessiOnal foes and shall consist of
thCl..c ~n$eS incurred by SIP. its emplo>,CC:$ 4U1C its profCS4ional consuJtarns In
the interests of the Project. All Guch oxpar.scs are to be c:ovcte<1 in the Contmcl.
Amount li$tedabove, excluding L."1.vcl ~nscs.
ReimblL--sable OXpcn$Cs W"O defined below:
Communi.ention (c.olephone. telex AI'ld relefax), shipping (air wid ground).
mess.enger services. peclcing;. postage and froigh~
ReptOdUClion CQsts to include 11lueprinrs. StaC5. photocopies. lasuprlnt.$.
film and processing, phOIO pduts. acetate color overlays and tnms{or
proofs.
Matetiw:i W inc1c:.1e an ~'Upplies. graptUc rrwcnals, model mattriaJs and
IJbuLugraph1c mal.CCiaIs.
Spedal bl.l)'-oULS to include lypographyand photo U$C fees.
All ur Lhc abov~ shall De. bUled a~cost plus!1lteen percent (15%) handling and.
pl(J\;Q;Slog.
R~imbutsabl~ expense:> shall be billed 0:1 a :r.onthly basis and are payable. net.
~;thin r.hIrty (30) days from the d.a:.e of invoice.
Propos.u fOt V(:tI\Q\'l . Sol! Ente:pNC: Zont l'~ge 5 or 11
r- r- ~ .,.....4 r.~ r- r-. T
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FEE: 21'92 12:43
Tmvel Expenses
Sale..~ Tax
Y"- r- _. ~.... .-. '-. r- ,.... T
.._... of ,<I
.J.....u....l......q.4' ~ J, \"r4"'V. p.13/rE:" UJ,":'
Sussman /P..ls. & Company,.lft<.
T~velexpeoses will ulcll.1de air trav~l (Pial Class for principals. BusinessClas.$
fol' associatts and Coach Oan Cor all others). ~OUfld transportation, hotel and
living expenses 81'ld. communication which sball be billed at COSt. AJJ.y travel.
requcsted by Client will be In addition co ~ above quoted design fee end.
expenses and shall be billed on a time and materiels basis.
Sussman/Prej:La estirMl.eS; no air cravel associated with Utis Proj~
Under I'Cliulution of the StAte. of California Board ofEqualir.ation. state Sa1e$ Tax
may a~ly to f~ and o>'llenses incurred on project! located in CaJiforn.i.L
Sales Ti1'\ shall be charged. en all fees and cx~nses incmod in the ptOduc:tion of
artwork for a Client rolAinioi title to such anwork, be it either "prtlimimuy an"
or "finished an".
"PreIimina.!}' an" refers to rouShs, viSttali2:sliotls.1ayoucs, ;md comprehensives
which a.!e prepared by Sf? sololy for demonstrating an idee. or message for
accepl4flce b)' the Oient before. contract is executed Of befQte apptOval is given
for preparation of fmishc4 art. Tax does not apply to separaletharges fot'
prelimirwy art except: 1) Where the prelitnitury:art becomes physically
incorporated in the futished 8..-C 2) Where tile Client retains title to preIJ.m1nary
an...
"Finished an" refers to Io'lc final nIt used for actual reproduction by
photOmcchanUrill or other processes; or [or d.i.:>l'lay purposes includmg illustrati...e
materials nOt reproduced. Sales Ta.x applies to the tlJtaI char&eS mnc1e by SIP for
finished an production.
An C.uifomin Sul~ Tax hi in Wilition to above s~ fees and expenses and win
be added to all Ln-pl"o&:~$ aud fin;tf billings.
P~:.d for Vc:mon . Bc:.:t En:.ctprim ZOIle P.,e 6 ot t I
,-~
n 1"7
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FEE 21 '92 12:44
TerTn$ and CQnditiom
Basic Service~
Basic Responsibilities
Additional SCrviC08
Client Represenutive
.t-'rOJCCl Materials Provided
VY.\J v;""';'.'
-'\U'OIUCU..l.' .I. 01 ~.J l.~ P. 14>.Ii'E:~" 1) 1L.
Su..man /P..i2:G & Contp.ay,lnc.
Sc...Y;~es
Th~serviccs to ~ provided b~ SIP fot the Clientihall be restricted to
consultation, research, design, supervision ofche. implementation and tho overall
coorttinmion of the Client Project In addition. certain. materla1s sh$J1 be
prcP<U'~ inctudini presencation materials, morder to de$Cribe Stpts i1\tentiORS to
th~ <.;ltent and an)' necessary artWorK. drawings ana ~cations requiRd to
enable me design lO be printed, f:.briaWior installed.
S/?is eo gn\phi~ design firm and as such shall specify colors. suggested
materials. finish~ :and d&a.i1s Cor the design elomet\ts that aro to bo con5tl:'Ueted.
SIP works closely with tl~ and inswJlers on des1if1 details, and depends
on their expertise (or all decisions conc"rnin~ en~eerinz, liihting requ1rements.
load wculllrions, safery considetation.$ atld itIst.a1btion ICChniques. The Client.
arclutect and general contraCl.Or ~ ~nsible forreviewine shop drawings from
all fahrlcato~ to ir".$ute compliance with their sWldards.
Under no c1rctJmSUUlce shall SIP act as or assume the recpons'ibilitic$ of a
general con:ractQr. Il is the CH~t'S tCstX>nsibility to design3te. a Confr.1(;tor or
request the sign fabrica!Or to act as ge~ra1 conrractOr to complete Uus Project.
In the event 1.~3.l the Cli~ntreq1,lirU SIP co perform sorvic:c.s not in.:.ludcd il1 this
Scope of Work, Sf? shall be compensar.ed on a time and malA!riaIs. baSis,
Client QYGf'a"tees
The Client stull! ~ppoint a &ole Proj~t Representativ8 to act on the Client's .
behalf With authority 10 provide any r.eces~ intorrr.2tJon and approvals that
may ~ rt.quired by SIP c1urlna this project.
The CI1C:lt iUart11itee3 IDa: SIP shall be entitled to rely upon the accuracy and
('nmp!c~tt~~ of the in!"ornution and hems of documentation desc"~under '
Mate,'i.aJ.$ Plovidcd by CliCllt in L1U$ Agl~:I~nt auu VI "vi~ CUI tho PIoj~l.
The Client shan guD.r.\n~ that materials provided arc the property of SIP with
all the necesUt)' rights.:md permiuions for their ~ on the Ptojoct. The Client
sball, excc;>t in cascs of INiIIful ncgligctlCC by SIP. indemnify. defen" and hold
~ less SIP apinst any cUiim. suit, enmas:;es and eXPenses. by any third party.
that its ri~hts have ~n or ar.: being violatod or .infringed upon.
All copy p~l.'id~d b~ the CUen: s:hall be clea1'ly t}-pcd :.n a form. suitable to ~
din::cUy ma..-1;etj for ~ng.
?ropoc~1 for VtrnOn . B.!.: En:eTpri$t Zbn. p~J" 7 o! : 1
.-...,..
C' 1.4
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FEE 21 '92 12:44
Approval OfTyp6$etung
Appro...". or ~ignCanc~pts
Approval of Delays
Ownership ofWOrlc an.1
Rtgh.tS of U~
,....,.... .....
.., v.... OJ \." 'J~"
....,"'~.-J"u.u..l .l.lc.....I...G . W;llJII'tt,l.ll...
SU$$mcan /preisa &Comp~~:/11~c:..
Where photographs OT oth~l' illustrations are to be provided by the Client, th~y
sh.nl1 he assumed to 00 of PrQfc~at:W quality nnd.in a form iuitable for
rep~01\ without furth<< p~on 01' alteration. Any ~ wOrk. requlred
Tn I\re~M RUCh l'nllt.eri.a.l tor reproduction will be charged as extra work or~
reirnbursab1~ e~~. as apptopriate. unle5S ~yercd in this Agreement undef
Project Services.
The Clico.t Shall be rcspotl~ibl~ rOI plootreading aDd approval ot all t)1)C$Ctting
prior to \he production of mechanicals. The Client's written approval will be
required. fot' all mechaniQ1ls. drowinSS 0( other items of Ag;reement
Uocwnenution prior to their release rot ptitt.dng. fabrication or .wuillarJan.
The Cli.cllt shall be responsible TOT'T'C...iewi.t1g and approvit'li all conceptual,
s;:hematic dtsign drawings, includin~ those for signing, pnor to the production
of more de~le(! u:chni.0I1 d:awin~s 2nd documt".nUltion,
The. CIien:'s writt=n approvtl will be required for all deW1cd IeChnica1 drawinas
and documentation prior to their release for further development., fll.bri;ation.
construCtion and Installation.
Tho Cli~t 1$ to iniure that all submis:sions m.o.de by SIP :Jro examinod and.
revif;.wf;.d by the appropriate nuthoritics and ~ promptly appmved in writing or
otherwise noc.d ;n OTdcr lO prevent any delay;n the pt'OgteU of the Pmjeot.
In oroer to insure timely delivery of Project output. it ~ necessary cttatttte
Client ~l!J'I1Tltces ex.-peditious approvl).l& throughoutche ptO~ of the Projtet.
l! far any reason Projt(:t delays occur which are the respoasiblUty of tho Cll~nt,.
Sf? reserves the: riiht to rcevaltWe and revi~ the Project time schcdulo. fees nnd
expenses, as deemed neccssaIy.
Risht.
SIP ~ ~t all worle created unc!er thiS AgrtY.ml'\nf "hAll be for the
exclusive use of the Client (other than fot promotional use of 51?). Tho fee
includes ~ $u:n for the assiiTlrnent of rightS to the Client to use the design(s) for
nIl Ll,e purposes for which th~ work was commissione4. as specifIed elsewhere in
:his a~menL These ngtus will be transfm--A to 1M Qfem upon ft1ll pa.yment
of all fiT.<,; antf l?imhut'!Wtt\le~ Any use of the Gesiif:(s) by the Client. othcc d1.an
r~~~ for VemOC\ . Bell :Ent.rpn1~ Zoot! PaS" 8 of 1 t
......... .....
FEE 21 '92 12:45
Rights Ot:Lhird. Pa.'1ies
T~rmination or Abandonmc:n~
Ex~nt of Ageement
..J'\.....~_JIU....41..I.... .....~4..~, ~.ltJI\_I..I.JJ..'
S....man /prelza& comp:~:/~~:e-
those specified here. will requtre S~IS written permission 8M payment of fw'ther
fees, it required.
Ownership and titI~ of all drawings, artwOT~ I\nd other visualpresonWion.s
T'C~n with SI? at aU tim~. Temporary tnmsTer of p<)SSe$sion is gnnted only
tOt" the pw-poses of reproduction af\cl' which all materials must be teturncd,
nnretouched and unaltered to SIP.
All }:lreliminary concepts a.n~ visual presentltions gtneramd in the development
of th~ tlna.! dest~ remain the pmperty of SIP .,..~ may not be used by the Client
for any purposes what.suever without writton permission.
SIP shall retain all iUtwOtk, spaclf1cations and m.terials generated in its fiJos for
a ~cxi of (ive (5) years from the date ot this Agreement.. Upon expinuJon of
thi:,: perin4.11.11 such mat.erlals shall be destrOyed unless Client provides a written
reques4 that th~y \N retained.. Ourin, this .,.eTiod. Client shiill h:1v. ~t\ab1e
ar;cess 1.0 all such materials fot' the purpose ofreVlew.
All materials providc:d by the Cli~ll fOl I.:.$Cby SI? shall be ~turned within
. thirty (30) d.ays after completion of this Agreement and payment of all fees and
rcim bgrsg,blM.
Wh~n work is commissioned by SIP. OIl the Client's behalf or ~y by the
Client., SIP will necotiate a conttect based upon t.he SMle use rights a.s ~fied
in this Agreement for SIP's work.
The ClIem agrees to be bound by any TeflllS an~ Condldons stipulDttd by any
such third party.
This Agreement m4lY be tcrmin3ted by ~thtr J)3tt)' upon thirty (30) ~a written
notice should the other party. rail sub!:Ul1tially 10 perform in ac:card3nce with the
Terms and Conditio;1S of thu Agreemellt. lhrough no fault of tho PA11Y initi.at..ing
the lefminauon.
In the event or LCrmI1latlon I)Y eIther party. SIP shall be paid CQmpcM3.tlun CUI
service.~ pcrlormed to da~ of ~i.1'Iation. any reimbursable expenses then due
.md tem;ination expenses directly attributed to th6 termin~cion.
Th". lel'lt1s and Conditions and this Agrt'~nlent re;>resMt the. entire and
ime~ted ^sreem::m bc:lw~n \he panies and s~ all other n:present1ti.Oos
either written or oral.
l't'Opcul for Vernon. BeU ErttCrpriiC Zono Pa,.)l of , I
..~. ~Fdt21 "'92~'i2:4E:,'..--H
Governing Law
Revisions and Additions
Rush Wort::
Records
Credit for Desisn
C cr. '-~... _ 0 --:- C CI T
i .~. .-1 7
'~V'J ........v....
o..J.........oJ.~UI....~...... ~ ....~.J....'-L . . LV.~~."..L.L~ '.'.&..
I P.17/18
Su,c"uUt I Preiza & Company,lllc.
t:nl~s.s stii>u1ated otherwise. this A~tnt shall be governed under the-laws of
the Stat/! of California, the principal plac.e. of bu$iness ~d incorporation of
Su.ssma.nIPr~jUl &; Company, Inc.
My revisions or additions to tilt; work described.in this AgrC(.ment w111be 'billed
cs extra work above and beyond this A,p;.emooL
Such extta work will include, but shall not be 1itnitod tO~ changes in 1MeXlent
of work, increased COtnp1exilY Of any elementS of die Project, changes made by
the Client after an. QPproval ha$l>>etl made on a specific stage of work. changes
mal1e to eoOy ~ approval of final typeSetting proofs, includini the. c:ostOf
remaking mechanic.als, if req,uircd. changes made to tho physieal $ite atw design
...",.10 I~ t,.......... ..t"t'..........l ......:1.....; ..I...",.." ......".1w..5 ~.. ~h_... .rCl~,
RtpresenL1tiv~.
SIP is responsible for identifying the additional work and. its associated fees and
txptn~c~. in wdtlni to the Client tlrior to commencement of such wod:..
AllY W\JIk. 1Cl:{1..lifed to be perfonned beyond normal hours or within a shorter than
previously SUIted umc frame, as a. result of un\1S\,1al o.cat.1lines or as conseqaence
of the Client not meeting SChed.uled times for delivery of information, materials
or app.-ova1s. shall be ttwged. at anaddltional foe.
SIP ill 1!>>1JVlI~UJC {ot Identlf'ying the rush wot'k -performed and its associated foes
end. expenses. tn wribng \0 the Client after such work has been completed.
A verbal ~rim"lt". of th~ costs associated with the rush work. IlpOn the time of
the roqucst. m~y be given to the Oi_nt bl;t wil! it\ no way be binding.
Records of hours and reimbwsable expenses shall nOt normally be presented to
the Client for approval but sMII be kept on the basis of generally acceptod
accounting principles (\nd ~hAlI ~ mllrle SlvailAhle to the Olent upon ~uesL
Mi~c.Ugn~u.
SIP "hall b:lvc.:.he right CO include a ~it line on c:om;lleted desi~ or any
~~ua1 (ep(esentll.tion~ 5\lch 8.1 ct-awingsl models. photOgraphs, fllms,
(l,O..,"wnerua.1es. tonSlnIctiOn ~es. ea:..
This same C:-cdil shall be included in any publication of'the de$isn by the Client.
?ropoW for ....r.I'I<3l\ - Bcll Ezucl?'..o Zoo.. P.ag4 10 at 11
'-7
o 17
.
FEE 21 '92 12: 46 -:--
.......... ..."..........
............,...,"1....'..... ... .. 0....> oj ,..,oJ. aJ.1 tI I ~. tJJ,. ~
sussman./prciza & ec>mp:~~~~~~. .
Tb.C CUent may not, WiUl0U~ 1)1 iOf written approval from SIP, use S/p.s IWne 01'
credentials in connection w1th work thal has been altered..
Sumplcs and Photographs
The Client shall make available, without charge, exhtill,g samples of prillted or
manuf~tnred designS and any photQgr.aphs of th~ finished design forpromotional
O-!Id/or ma.rketing u-~ of SIP. SIP l'Wl)' use such St1mptes fOt''PubUcation.
exhibition or otl'lor promoaonal purposes.
Tb.e Client sball also make available to SIP. or SIP desisn~l the ri,ht to
photOgraph the fini.shOO desiiTl up !Olive (5)yea:rs a!tu completion of this
A::rcemML
Assisnment
Neither the Olent nor SIP may assi~ or transfer their i1'I.tetest in this
A~ cement without wriaca conllOnt o!the other.
Arnitration
An,! dispu~ in excess of Twertty-Five HundredDoUars ($2.500.00) arising out
or this Agreement shall be submitted to bindil'lg ll1'bltration before the a mutually
::1;reed upon arbitrator pu.-suant to the rules of the American Arburation
Assodo.tion. The arbitra1Qt" 1I.wm-d shall be fmal Md judgment may beenton:d
upon tt m any COLIn having jurisaict10n the.reof.
V a1idityot COntr2Ct
If commencement o( SIP's work does noc occur withiu ninety (90) days of the
ex.ecution or Iltis Agreement.. SIP reservC$ me ri,ht to revise tho financiHll1gures
quor.ed.
Etttirc Agreemeftt
Proposacl Iy
This Agreement represenlS SIP's. totl11 undetStandinJ: of the scope of work TO be
.~~.7V~~'~En~~.
Paul i'Tl"J7Jl February 20. 1992
Susst:laIlIPr~j.a &. Compa."l)', Lnc.
4ccephtd. By
AUtlIV.rUed Re.pn::ISCnU\uve
V croon - Bell E.nl.erpr.se Zone
~
File: Ic!o"lp-DV: t'1Op.Vcmor.Ph ,lo:l;tS
?r.:>po~;J {Qr V -,",<Xl . Scl.l EDtsr,;risc 7.onc P.agc: 1 t of 11
r- r:"" T". ...... ,4 .-. .-.
,,' .-, - ,..-'
.
~~cJ~3
1
EXECUTION COpy
2
CONSULTING AGREEMENT
3
THIS AGREEMENT is made, entered into and executed in
4
5
duplicate originals, either copy of which may be considered and used
as the original hereof, for all purposes, as of the 24th day of
6
7
Februarv, 1992, in the City of Vernon, County of Los Angeles,
California
8
BY AND BETWEEN
CITY OF VERNON, a municipal
corporation (hereinafter
referred to as "VERNON")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
(213) 583-8811
REDEVELOPMENT AGENCY OF THE CITY OF
VERNON, a Public Body, Corporate and
Politic, duly created and established
pursuant to the Community Development
Act of the State of California
(hereinafter referred to as "AGENCY")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
(213) 583-8811
COTTON/BELAND/ASSOCIATES, INC.
(hereinafter referred to as
II CONSULTANT" )
747 East Green Street, suite 400
Pasadena, CA 91101
(818) 304-0102
9
10
11
12 AND
13
14
15
16
17 AND
18
19
20
RECITALS
21
WHEREAS, it is the desire of VERNON and the AGENCY to hire
22
23
the CONSULTANT for the purpose of preparing the Initial Study/Notice
24
of Preparation (NOP) for establishing an Enterprise Zone consisting
of the cities of Vernon and Bell, as part of the application by
25
VERNON, the AGENCY, the City of Bell and the Redevelopment Agency of
26
the City of Bell for designation by the State of California as an
27
Enterprise Zone; and
28
WHEREAS, the CONSULTANT represents to VERNON and the
2 AGENCY that CONSULTANT is qualified by training and experience to
3 prepare the Initial Study/NOP for the prospective Enterprise Zone.
4
1
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
5 AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS
6 FOLLOWS:
7
SECTION 1:
Scope of Services.
8
The services to be provided are described in Attachment A
9 which is attached hereto and made a part of this Agreement.
10 Essentially, these services consist of preparing the Initial
11 Study /NOP for establishing an Enterprise Zone consisting of the
12 cities of Vernon and Bell and their respective redevelopment
13 agencies.
14
SECTION 2: Performance.
15 The CONSULTANT agrees that all services provided will be
16 conducted by the principal and competent staff members working under
17 the supervision of the principal and that services will be performed
18 and rendered diligently.
19
SECTION 3: Compensation.
20 . For the above services, VERNON and the AGENCY agree to
21 compensate the CONSULTANT at a cost not to exceed six Thousand
22
23
Dollars ($6,000.00), at the rates set forth in CONSULTANT's fee
schedule, which is attached hereto and made a part hereof as
24 Attachment B.
25
26
SECTION 4: Method of Payment.
Because of the short amount of time available to complete
27 preparation of the Initial Study /NOP, the Parties agree that
28
-2-
-~
I
i
1 CONSULTANT will submit an invoice to VERNON and the AGENCY after fhis
I
2 completion of the work, and that VERNON and the AGENCY will pay the feir
3 amount of the invoice to CONSULTANT within thirty (30) days of ear
4 receipt of the invoice.
5
SECTION 5: Authorization for Additional Services.
6 The CONSULTANT will not undertake additional services
7 beyond those approved without written authorization from VERNON and
8 the AGENCY. VERNON and the AGENCY agree to compensate CONSULTANT
9 for any authorized additional services.
o
SECTION 6: Cancellation.
1
VERNON and the AGENCY reserve the right to cancel and
2 terminate this Agreement upon thirty (30) days written notice.
3 VERNON and the AGENCY agree to compensate CONSULTANT for actual
4 costs incurred prior to the cancellation of the Agreement.
7 harmless VERNON and
any and all liability,
judgments for the injuries or
damages to the property or other rights of
5
SEE ATTACHMENT C WHICH IS ATTACHED HERETO AND MADE APART
6 CONSULTANT agrees to protect, defend, in .
8 damages, claims,
9 death of
CONSULTANT.~
SECTION 8: Ownership.
C.
All final documents prepared pursuant to this Agreement
are the property of VERNON and the AGENCY, which have the
4 unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any final documents prepared
under this Agreement.
III
-3-
1
IN WITNESS WHEREOF, the Parties hereto have executed this
2 Agreement, or caused this Agreement to be executed, by their
3 respective officers, duly authorized, as of the date, month and year
4 first above written.
5 CITY OF VERNON
6
By: ~~~).
/ffL~ LEONIS C. MA BURG, M yor
7
8A~
9 BRUCE V. MALKENHORST, City Clerk
10 APPROVED AS TO FORM:
11 D~~~~OrneY
12
13
REDEVELOPMENT AGENCY OF THE
CITY OF VERNON
~. ~
By: Co / . '-b.'
-. -L~arfmt!
14
15
16 ATTEST:
17 ~ V;r1/U/
18 BRUCE V. MALKENHORST, Secretary
19 APPROVED AS TO FORM:
20 ~~B~~counsel
21
By:
CO~a~'
~
INC.
22
23
Title:
24
25
I
26
27
28
-4-
"
PROFESSIONAL SERVICES AGREEMENT
1. IDENTIFICATION
This Agreement is effective as of the twentieth day of February, 1992, by
and between the CITY OF VERNON (hereinafter collectively referred to as
CLIBNl) and COTION/BELAND/ASSOCIATES, INC. (hereinafter referred to
as "CBA").
2. RECITALS
Whereas, CLIENT desires to retain CBA to perform professional planning
services in conjunction with the State Enterprise Zone Application project;
Whereas, CBA is wen qualified by reason of education and experience to
perform such services; and
Whereas, CBA is willing to render such professional services as hereinafter
defined.
Now, therefore. for and in consideration of the m~tual covcnants and
conditions herein containcd, CLIENT hereby engages CBA and CBA agrees to
provide professional services in the completion of necessary environmental
documentation to accompany Enterprise Zone applications.
3. AGREEMENTS
3.1 Definitions: The following definitions shall apply to the following
terms, except where the terms of this Agreement otherwise require:
3.1.1 "Project": The project described in the attached Exhibit I.
3.1.2 "Services": Such professional services as arc necessary to be
performed by CBA.in order to complete the plans and studies
described in the aforesaid Exhibit L
3.1.3 "Study Area": The properly (or land) in the cities of Vernon
and Bell bounded by the corporate city limits of the cities of
Vernon and Bell and such adjacent lands as CBA determines
may have any impact or influence on the plans which CBA
shall prepare in the performance of the aforesaid services.
1
ATTACHMENT "A"
3.2 Agreements of CBA: CBA agrees as follows:
3.2.1 That C13A will prepare environment.al documents required by
the State Department of Commerce for the Enterprise Zone
application process. CBA will prepare the documents
according to the attached Exhibit I and consistent with the
State and City guidelines for such documents,
3.2.2 111at eB^-. at eBA's sole cost and expense. may secure such
other persons as, in the opinion of CBA, are needed to comply
with the terIn of the Agreement and, if such persons are
retained by CllA, such persons shall be fully qualified to
perform such selvices.
3.2.3 Invoices for services shall be submitted by eBA in accord witb
t.he payment schedule cont.ained in Section 3.3.
3.3 Agreements of CLIENT: CLIENT agrees to pay CBA on a
reimbursable basis in accordance with CBA's Standard Fee Schedule in
effect at the t.ime the services are provided. Invoices shall be
submitted lllonthlyor as work is performed by CBA and shall be paid
within 30 days.
4. O\VNERSHIP OF DOCUMENTS
All documents, data, studies, surveys, drawings, maps, models, photographs
and reports prepared by CBA under this Agre.ementshall be considered the
property of CLIENT upon payment for services performed by CBA. Said
documents and materials shall be delivered to CLIENT by CBA at the completion
of the project; however. CHA may take and retain such copies of said documents
and materials as desired.
5. TERMINATION
This Agreement may be terminated by either party upon the giving of a
written "Notice of Termination" to the other party at least fifteen (15) days prior
to the termination date specified in said notice. In the event this Agreement is
terminated, CBA s1\a11 be paid in .full value of services rendered, based upon the
percentage of completion of CBA's work on the date of termination.
2
ATTACHMENT "A"
6. NOTICES
Any and aU notices; demands. invoices. and written communications
between the parties by mail shall be addressed to the parties as foHows:
Gerald Forde
City of Veroon
4305 Santa Fe Avenue
Vernon. California 90058
Donald A. Cotton
Cotton/Belandl Associates. Inc.
747 Green Streett Suite 400
Pasadena. California 91101
Any such notices. demands. invoices and written communications by mail
shall be conclusively deemed to have been received by the addressee five days
after the deposit thereof in the United States Ma.ilt postage prepaid and properly
addressed as noted above.
7. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements. either oral or in
writing. between the parties with respect to the subject matter herein. Each party
to this Agreement acknowledges that no representations by any party which are
not embodied .herein and that no other agreement. statement or promise not
contained in this Agreement shall be valid and binding. Any modification of this
Agreement will be effective only if it is in writing signed by the parties.
8. SAVINGS CLAUSE
If any provision of this Agreement is found to be invalid. void or
unenforceable. the remaining provisions shall nevertheless continue in full force
and effect without being impaired or invalidated in any way.
9. GOVERNING LAW
This. Agreement shall be governed by and construed in accordance with the
laws of the State of California.
10. ATfORNEY'S FEES
In the event that legal action is necessary to enforce the provisions of the
Agreement, the parties agree that the prevailing party in said legal aClion shall be
entitled to re<::over attorney's fees from the opposing party in any amount
determined by the Court to be reasonable.
11. INSURANCE
CBA, INC. agrees to maintain in full force and effect during the term of
this Agreement a public liability insurance policy with limits in the amount of
$1.000.000.00 which indemnifies the CLIENT from aU liability from loss. damage.
3
ATTACHMENT "A"
or injury to persons or property arising from negligence by CBA in the
performance of these services.
4
ATTACHMENT "A"
12. COUNTERPART EXECUTION
This Agreement may be executed in counterparts, each of which so
executed shaU be deemed an original irrespective of the date of the execution, and
said counterparts, together shall constitute one and the same agreement.
City of Vernon
CIlA c:u-
~~,.
~
Signature
Donald A. Cotton
President
Name
Title
Date
Febrllary '0, 1QQ?
Dale
Project 316.13
5
ATTACHMENT 'tA"
EXHlllIT I
SCOPE OF SERVICES
VERNON/BELL ENTERPRISE WNE
INITIAL STUDY/NOTICE OF PREPARATION
Cotton/Beland/Associates (CHA) will prepare an Initial Study and Notice of
Preparation (or the client's Enterprise Zone Preliminary Application. CBA will
perform the following services:
Task 1: Project Description. CBA will. prepare a. general description of the
proposed project based on information provided by thc cities of Vernon and Bell.
The project description will include a map showing project location and
boundaries. The description will also generally describe land uses within project
boundaries and the intent of the enterprise zonc.
Task 2: Prepare Initial Study and NOP. CBA will prepare a single Initial Study
and NOP using a format acceptable to both Vernon and Bell. We propose to use
the CEQA Environmental Checklist The Initial Study will include the project
description, the checklist) and supplementary remarks related to the items on the
checklist. Thc NOP will be. prepared on a standard suggested CBQA form
unless either city generally uses a different form.
We will provide the cities with a review draft copy of the document and will
change the document as appropriate in response to city comments.
Task 3: Mailing and Filing. Together with the two cities) we will prepare a list of
agencies and organizations to receive a copy of the Initial Study/NOP. We will
send copies of the document by certified mail (or other method providing proof
of delivery) to those agencies and organizations un the approved list. CBA will
file the NOP with the County Clerk for posting pursuant to CEQA regulations
and will also send the NOP to the State Clearinghouse.
We will also provide the cities with two copies uf the Initial Study/NOP for the
cities to include with the Enterprise Zone Preliminary Application.
Schedule
We will initiate work immediately upon receiving authorization to proceed. The
review draft Initial Study /NOP wi1J be. completed and submitted to the cities for
review by February 21, 1992. We will provide the final Initial Study/NOP (which
incorporates city comments) to the cities by February 2&, 1992. The document
will be mailed to agencies on the approved mailing list on or before February 28)
1992.
1
ATTACHMENT IIA"
STANDARD FEE SCHEDULE
Cotton/Beland/Associates, Inc.
For services provided where reimbursement is to be on an hourly basis. the
following ratcsare used:
Senior Principal
Principal
Senior Associate, Principal Planner
or Environmentalist
Planner or Environmentalist
Assistant Planner, Environmentalist,
Computer Tcchnician
Graphics Technician
Word Processing Technician
Non-Technical Support Person
$115.00 per hour
$105.00 pcr hour
$80.00 - $100.00
per hour
$60.00 - $80.00
per hour
$45.00 - $60.00
per hour
S30.00 - $45.00
per hour
$35.00 - $40.00
per hour
$30.00 per hour
Printing and copy work. per diem. long distance telephone and similar costs
are invoiced at 1.15 times our cost. Subcontract costs are invoiced at 1.20
times the actual subcontract cost. Mileage charges are $.30 pcr mile, subject
to energy surcharge.
Hourly rates for attcndance at public hearings and mcetings are as spccified
above jf thc hearing is betwccn the hours of 8:00 a.m. and 10:00 p.m. Rates
for the period 10:00 p.m. to midnight arc 1.5 times the above rates. Rates
for time after midnight arc 2.0 times the above rates.
This schcdule is effective through June 30, 1992.
JI-92
ATTACHMENT "B"
fC.t5C\)
1
SECTION 7: Indemnification.
2
CONSULTANT shall indemnify, hold harmless, and defend
3 VERNON, the AGENCY, its Council, its Board of Directors, servants,
4 boards and commissions, officers, agents and employees from and
5 against any and all claims and losses, costs or expenses for any
6 damage due to death or injury to any person and injury to any
7 property proximately resulting from any act or omission of the
8 CONSULTANT or any of its officers, employees, servants, agents, or
9 subcontractors in the performance of this Agreement. Such cost and
10 expense shall include reasonable attorney fees.
II
CONSULTANT shall indemnify and hold harmless the CITY, the
12 AGENCY, its Council, its Board of Directors, servants, boards and
13 commissions, officers, agents and employees from and against any
14 damages, liability, loss, cost or expense which arise out of
l5 CONsuLTANT's negligent performance of the work under this Agreement
l6 provided that such liability, loss, cost or expense is caused by the
17 act or omission of CONSULTANT, or any of its officers, employees,
18 servants, agents or subcontractors in performance of this Agreement.
19 CONSULTANT's obligation for such indemnity and hold harmless shall
20 not include any obligation to defend CITY, AGENCY, its Council, its
2l Board of Directors, servants, boards and commissions, officers,
22 agents or employees against any action or claim brought by any
23 person, but the CONSULTANT's obligation to indemnify CITY and AGENCY
24 shall include reasonable attorney fees if CONSULTANT is found to
25 have been negligent in performance of work under this Agreement.
26
27
28
ATTACHMENT "c"
~lt06G