23-0516_SAGECREST PLANNING & ENVIRONMENTAL_Agenda Report_E9City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Director
PREPARED BY: Ayako Rauterkus, Senior Management Analyst
DATE: May 16, 2023
SUBJECT: Amendment No. 2 to an Existing Professional Services Agreement
with Sagecrest Planning and Environmental for Planning Related
Services
RECOMMENDATION:
Approve and authorize the City Manager to execute Amendment No. 2 to the Professional
Services Agreement (“Agreement”) with Sagecrest Planning and Environmental
(“Sagecrest”) for planning related services, \increasing the \not-to-exceed compensation
amount to $58,000.
DISCUSSION/ANALYSIS:
The Planning Technician position in the Development Services department provides
customer service at the public counter, processes minor over-the-counter applications,
responds to general planning inquiries received by phone or email and performs other as-
needed planning tasks. Due to a staffing vacancy, in December 2022 the City Manager
executed an Agreement with Sagecrest for a contract Permit Technician on a limited term,
part-time basis (Attachment 1) to augment existing planning staff . In March 2023, the
City Council approved an amendment to the Agreement which increased the Agreement’s
not-to-exceed amount so that the contract Planning Technician’s services could be
provided through the end of the current fiscal year (Attachment 2).
Due to another vacancy in the Planning Division and a sustained high volume of permit
activity, staff is proposing to amend the Agreement with Sagecrest to increase the
contract Planning Technician’s hours from a maximum of 21 hours per week to a
maximum of 35 hours per week. This would allow the contract Planning Technician to
5/16/2023
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City Council Agenda Report
May 16, 2023
Page 2 of 2
work five days a week, seven hours a day through the end of June, which is expected to
allow sufficient time to recruit and onboard a new full-time planner position.
Staff is recommending that the City Council approve and authorize the City Manager to
execute Amendment No. 2 to the Agreement with Sagecrest, which would increase the
not-to-exceed compensation from $47,000 to $58,000 and allow the contract Planning
Technician to work five days per week through the end of the current fiscal year
(Attachment 3).
FISCAL IMPACT:
The additional $11,000 cost associated with increasing the contract Planning Technician
hours would be covered by the salary savings associated with the vacant Principal
Planner position.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
• On March 21, 2023, the City Council approved Amendment No. 1 to the
Professional Services Agreement with Sagecrest, increasing the not-to-exceed
amount so that the contract Planning Technician’s part-time services could be
provided through the end of the current fiscal year.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Sagecrest
ATTACHMENT(S):
Attachment 1 –Agreement with Sagecrest
Attachment 2 – Amendment No. 1 to the Agreement with Sagecrest
Attachment 3 – Amendment No. 2 to the Agreement with Sagecrest
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CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of _________________, 2022 by and
between the City of San Juan Capistrano, a public agency organized and operating under the
laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675 (“City”), and Sagecrest Planning and Environmental, a California
Corporation, with its principal place of business at 27128 Paseo Espada, Suite 1524, San Juan
Capistrano, CA 92675 (hereinafter referred to as “Consultant”). City and Consultant are
sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A.City is a public agency of the State of California and is in need of professional
services for the following project:
Planning related services (hereinafter referred to as “the Project”).
B.Consultant is duly licensed and has the necessary qualifications to provide such
services.
C.The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.”
2. Compensation.
a.Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B.”
b.In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $25,000. This amount is to cover all printing and related
costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall
be made within 30 days of receipt of an invoice which includes a detailed description of the work
performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
December 12
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the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term.
The term of this Agreement shall be from December 5, 2022, to June 30, 2023, unless
earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the
term of this Agreement if necessary to complete the Project. Consultant shall perform its services
in a prompt and timely manner within the term of this Agreement and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The
Notice to Proceed shall set forth the date of commencement of work.
6.Delays in Performance.
a.Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b.Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a.Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b.If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c.If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
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9.Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11.Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
i)The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
ii)Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
1)Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
iii) Commercial General Liability Insurance must include coverage
for the following:
1)Bodily Injury and Property Damage
2) Personal Injury/Advertising Injury
3) Premises/Operations Liability
4)Products/Completed Operations Liability
5) Aggregate Limits that Apply per Project
6)Explosion, Collapse and Underground (UCX) exclusion
deleted
7)Contractual Liability with respect to this Agreement
8) Property Damage
9)Independent Consultants Coverage
iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
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against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
v)The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
i)At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
ii)Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
Coverage Symbol 1, any auto).
iii)The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c.Workers’ Compensation/Employer’s Liability
i)Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
ii)To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d.Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
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a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e.Minimum Policy Limits Required
i)The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
ii)Defense costs shall be payable in addition to the limits.
iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g.Policy Provisions Required
i)Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
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Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant
or others providing insurance evidence in compliance with these specifications to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City,
and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
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ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance of “design professional” services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
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Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
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17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Lindsay Ortega, AICP as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: David Contreras, Principal Planner
CONSULTANT:
Sagecrest Planning and Environmental
27128 Paseo Espada, Suite 1524
San Juan Capistrano, CA 92675
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and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each Party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each Party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
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City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
When funding for the services is provided, in whole or in part, by an agency of the federal
government, Consultant shall also fully and adequately comply with the provisions included in
Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference
Federal Requirements”). With respect to any conflict between such Federal Requirements and
the terms of this Agreement and/or the provisions of state law, the more stringent requirement
shall control.
SIGNATURES ON FOLLOWING PAGE]
27128 Paseo Espada • Suite 1524 • San Juan Capistrano, CA 92675
November 18, 2022
City of San Juan Capistrano
Attn: David Contreras
SUBJECT: City of San Juan Capistrano Planning Services- Proposal
Dear Mr. Contreras:
Thank you for the opportunity to submit a proposal in response to the City of San Juan
Capistrano’s (City’s) request for planning services. The team at Sagecrest
Planning+Environmental (Sagecrest) provides planning and environmental review
services to local jurisdictions throughout California. Our planners have expertise in
discretionary case processing, preparation and review of zoning codes, specific plans,
general plans, and other planning documents, code compliance, project
management, and environmental analysis, documentation, and review. Our planners
have all worked in various positions for local jurisdictions.
Sagecrest delivers the highest level of service with proactive solutions, ongoing
communication, and dependable coordination. We adapt our services to the City’s
needs and complement its in-house resources as an extension of City staff. Our planners
are trained on the latest planning, zoning and environmental legislation and case law
and are adept at using public counter permit tracking and GIS systems.
Sagecrest is a local Southern California-based firm with corporate offices in San Juan
Capistrano. Our city clients are in Orange, San Diego, Riverside, San Bernardino and Los
Angeles Counties, which allows us to be accessible to our clients at a moment’s notice.
We are accustomed to being proactive and anticipating the needs of our clients and
recommending practical solutions to complex planning issues. In addition, due to our
efficient structure, we are competitive on price while adhering to stringent budgets and
schedules.
Sagecrest looks forward to your favorable review of our firm’s scope of work. For
additional information or to further discuss our qualifications, please contact me directly
at the phone number or email below.
Sincerely,
Amy Vazquez, President
Phone: (714) 914-5605
E-mail: avazquez@sagecrestplanning.com
EXHIBIT A
Project Approach
Sagecrest’s approach to providing planning and administrative services, including
representative tasks as appropriate for the class title assigned, is described below:
Review, analyze and
process discretionary
cases consistent with City
codes, policies and
standards. Utilize City
electronic and paper files
to research previous
and/or related cases.
Sagecrest provides entitlement processing services for
development applications and management of City-
initiated projects that may require general plan
amendments, specific plans, reclassifications,
Conditional Use Permits, subdivision maps, variances,
design review, annexations, and other discretionary
and administrative actions. Sagecrest planners are
skilled project managers who provide excellent
customer service to the applicant and the City. We
guide the applicant through the entitlement process,
timelines, technical studies, interdepartmental
comments, revisions to the application, and the review
and approval process. Team members utilize the City’s
historical files, Geographic Information Systems, permit
tracking software, and zoning code to respond to
inquiries at the public counter and to research
entitlements.
Prepare environmental
analysis, including, but
not limited to, Initial
Studies and Negative
Declarations, as required
by the California
Environmental Quality
Act (CEQA).
Sagecrest planners are well versed in current
environmental law and preparing CEQA documents
for discretionary projects or City-initiated plans and
programs. The Sagecrest team includes planners who
can prepare streamlining checklists, Initial Studies,
Mitigated) Negative Declarations, EIRs, Mitigation
Monitoring and Reporting Programs, and all required
CEQA notices. Sagecrest planners have also managed
CEQA consultant teams. We have reviewed and
commented on numerous CEQA documents from
outside agencies to ensure the City’s comments and
concerns are represented.
Route plans to City
departments; consolidate
comments; and present
recommendations and
revisions to the applicant.
Work with other
departments to ensure
consistency of
comments. Prepare staff
reports and presentations
to citizen committees
and decision-making
bodies.
Sagecrest planners are experienced project managers.
Entitlement case processing generally entails routing
plans to various City departments; consolidating
comments; resolving internal inconsistencies; and
presenting recommendations and revisions to the
applicant. Once the application is complete, our
planners will write clear, concise, and accurate staff
reports and manage the project through public
outreach, reviews and approvals by staff, Planning
Commission, any other required approval body, and
the City Council.
Maintain communication
with applicants, interested
parties, property owners,
homeowner associations,
etc. Respond to inquiries
about projects from
residents and applicants.
Sagecrest takes pride in our communication and
customer service with applicants, interested parties,
property owners, homeowner associations, various
governmental agencies, and other City departments.
Our planners quickly learn the frequently asked
questions (i.e. business license, special events, building
inspection requests, etc.) and provide “one-stop
shopping” at the public counter.
Attend community
meetings and public
hearings, as required, and
present reports to various
Boards, Commissions, and
the City Council.
Sagecrest planners have solid presentation skills and
have presented entitlement applications and reports
to city councils, commissions, and community
groups. We are often commended for the ability our
staff has to take complex issues and present them in
a way that is clear and concise. We are passionate
about working with stakeholders to communicate the
direction of the City early in the process so they
understand what the goals are and how to be a part
of the ultimate solution.
Review grading and
building plans for
consistency with
discretionary approvals
and environmental
mitigation, if applicable.
Plan checking is completed in accordance with
conditions of approval associated with each
discretionary approval and applicable codes,
ordinances and standards adopted by the City.
Provide staff at the public
information counter.
Our team members are skilled at reviewing a City’s
historical files, zoning map, zoning code and other
data and files to respond to inquiries at the public
counter. Our planners are well versed in determining
when a project is ready for plan submittal. We quickly
learn the frequently asked questions (i.e. business
license, special events, building inspection request,
etc.) that are typical to customers visiting City Hall
to provide as much assistance as possible and help
provide “one-stop shopping” for questions and
needs. We take pride in our exceptional customer
service skills.
Company Information
Sagecrest is an award winning, full service, professional planning firm providing contract
planning, land use, and environmental consulting to public agencies throughout
California. The American Planning Association (APA) awarded Sagecrest the 2018
Emerging Planning & Design Firm by the Orange Section and the 2019 Grassroots
Initiative Award by the California State Chapter and the Orange Section.
With considerable experience in Southern California, the Sagecrest team has strong
working relationships with key staff, applicants, and public officials. Our mission is to
provide outstanding service at competitive rates to the clients and communities we
serve while adding value and making a positive impression with each assignment.
Because of our extensive experience and focus on providing planning staff to public
agencies, Sagecrest is uniquely qualified to deliver high-quality on-call services.
We have assembled an exceptional team of experienced planners and administrative
services staff. Our staff has professional planning experience in the public sector, giving
them a unique and thorough understanding of the processes and the challenges
faced by planning departments. We employ highly qualified and experienced
professionals whose skills, qualifications and previous responsibilities are a strong match
to the needs of the City of San Juan Capistrano. We ensure this high level of quality by
employing the following practices:
City contract managers interview proposed staff before they are assigned.
Our staff has experience working for public agencies prior to working with us,
allowing them to integrate seamlessly into department operations.
We know that our reputation is our most valuable asset. With that in mind, we do
not overcommit our staff and only accept work that our staff has the
qualifications to perform.
Our staff maintains ongoing professional development and we provide extensive
training in project management, land use law, California Environmental Quality
Act (CEQA), writing and public presentation skills.
We are based in San Juan Capistrano, maintain regular office hours, and are
accessible as needed.
We reliably meet departmental standards, including deadlines, quality of work
products, courtesy and accessibility, accuracy of reports and information given
to the public, and responsiveness.
We ensure we have a clear understanding of expectations and maintain
consistent communication with our clients.
We are committed to providing services that are cost effective while maintaining
high standards of quality and productivity.
Proposed Project Planner
Cas Smit, Planning Technician
Cas Smit is a planning professional with two years of
experience. She is skilled at performing a variety of
professional level duties and responsibilities inclusive of
current and advance planning functions. She is adept
at processing planning applications in accordance
with the City's Zoning Code and provides excellent
service to applicants, developers, consultants, the
public regarding City codes, policies, and standards.
Company References
Five (5) references for Planning Services are provided below. Additional references are
available upon request.
Assignment /
Project Description Term Location /
Client Client Contact
On-Call Planning
Services
August 2017-
present
City of Lake
Forest
Amy Stonich, AICP
Assistant Director
Community Development
949-461-3479
astonich@lakeforestca.gov
On-Call Planning
Services
February 2019-
present
City of
Oceanside
Jonathan Borrego, AICP
City Manger
jborrego@ci.oceanside.ca.us
760)435-4373
On-Call Planning
Services
September
2017- present
City of Costa
Mesa
Jennifer Le
Director
Community Development
714-754-5617
Jennifer.le@costamesaca.gov
On-Call Planning
Services
July 2017-
present
City of Santa
Fe Springs
Wayne Morrell
Director of Planning
waynemorrell@santafesprings.org
562)868-0511
On-Call Planning
Services
August 2017-
September
2020
City of
Newport
Beach
Jim Campbell
Deputy Community
Development Director
jcampbell@newportbeachca.gov
949)644-3210
Classification/Title and Hourly Rates
Sagecrest will perform consulting services based on the following breakdown of
classification of hourly rates for key personnel:
Position Hourly rate
Planning Director $220.00
City Planner/Planning Manager $200.00
Principal Planner $160.00
Senior Planner $140.00
Associate Planner $120.00
Assistant Planner $90.00
Planning Technician $80.00
EXHIBIT B
Page 1 of 3
61147.02100\24464451.1
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
SAGECREST PLANNING AND ENVIRONMENTAL
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of
this 21st day of March, 2023, by and between the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business at
32400 Paseo Adelanto, San Juan Capistrano, California 92675 (“City”) and Sagecrest Planning and
Environmental, a California Corporation with its principal place of business at 27128 Paseo Espada,
Suite 1524, San Juan Capistrano, CA 92675 (“Consultant”). City and Consultant` are sometimes
individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
“PROFESSIONAL SERVICES AGREEMENT” dated December 12, 2022 (“Agreement”) for the
purpose of retaining the services of Consultant to provide planning related services.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
increase the not-to-exceed compensation amount.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of
the Agreement.
3. Terms.
3.1 Amendment. Section 2.b of the Agreement is hereby amended in its entirety to read as
follows:
2. Compensation.
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $47,000. This amount is to cover all printing and
related costs, and the City will not pay any additional fees for printing expenses. Periodic payments
shall be made within 30 days of receipt of an invoice which includes a detailed description of the work
ATTACHMENT 2
Page 2 of 3
61147.02100\24464451.1
performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever
the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
SIGNATURE PAGE FOR AMENDMENT NO.1 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND SAGECREST PLANNING AND ENVIRONMENTAL
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form:
City Attorney 61147.02100\24464451.I SAG EC REST PLANNING
ENVIRONMENTAL
Date
Page 3 of3
AND
April 12, 2023
Page 1 of 3
61147.02100\24464451.1
AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
SAGECREST PLANNING AND ENVIRONMENTAL
1.Parties and Date.
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of
this 16th day of May, 2023, by and between the City of San Juan Capistrano, a municipal organization
organized under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675 (“City”) and Sagecrest Planning and Environmental,
a California Corporation with its principal place of business at 27128 Paseo Espada, Suite 1524, San
Juan Capistrano, CA 92675 (“Consultant”). City and Consultant are sometimes individually referred
to as “Party” and collectively as “Parties.”
2.Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
“PROFESSIONAL SERVICES AGREEMENT” dated December 12, 2022 (“Agreement”) for the
purpose of retaining the services of Consultant to provide planning related services.
2.2 Amendment No. 1. On March 21, 2023, The City and Consultant entered into
Amendment No. 1 to the Agreement (“Amendment No. 1”) to the Agreement to increase the not-to-
exceed compensation amount.
2.3 Amendment No. 2. The City and Consultant further desire to amend the Agreement to
increase the not-to-exceed compensation amount.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of
the Agreement.
3.Terms.
3.1 Amendment. Section 2.b of the Agreement is hereby amended in its entirety to read as
follows:
2. Compensation.
ATTACHMENT 3
Page 2 of 3
61147.02100\24464451.1
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $58,000. This amount is to cover all printing and
related costs, and the City will not pay any additional fees for printing expenses. Periodic payments
shall be made within 30 days of receipt of an invoice which includes a detailed description of the work
performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever
the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 2.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 2.
3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]