17-0307 CityScape Consultants ckyscape
C a N S U L T A N T S , I N C
AGREEMENT FOR WIRELESS CONSULTING SERVICES
THIS AGREEMENT FOR VVJRELESS CONSULTING SERVICES, hereinafter referred to as the
"Agreement," is entered into as of the day of 6 I�rf�-, 2017, between CityScape Consultants, Inc., a
Florida Corporation, hereinafter referred to as the "Consultant," and the City of Elgin, Illinois, a body politic and
corporate of the State of Illinois, hereinafter referred to as the "City."
WHEREAS, Section 704 of the Telecommunications Act of 1996 mandates that local government
cannot prohibit the provision of personal wireless services and requires local government to not unreasonably
discriminate among providers of functionally equivalent services; and
WHEREAS, the City desires to engage the services of the Consultant to perform for the City consulting
services regarding the review of personal wireless service facility applications to the City to ensure the City's
compliance with the aforementioned provisions of existing and proposed federal regulation and legislation; and
to minimize the aesthetic impact of these facilities in the City; and
WHEREAS, the Consultant desires to consult with appropriate City staff as an independent contractor of
the City on wireless telecommunications issues and projects within the City; and
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties hereto
agree as follows:
1. Scope of Services to be performed by Consultant. Upon the written request of the City for a particular
permit application, the Consultant shall perform those services associated with the review of wireless
telecommunications facilities applications, further described in Exhibit "A" of this Agreement. In
performing such approved services, the Consultant shall comply with all federal, state and local laws and
regulations applicable to the performance of such services. The Consultant shall perform services
diligently and completely and in accordance with generally accepted professional standards of conduct
and performance.
2. Duration of Contract. This Agreement shall be in full force and effect for a period of three (3) years
commencing upon execution of this Agreement, with the option to renew Agreement for additional
successive one (1) year terms, as deemed appropriate and agreed upon by both parties. This Agreement
may be terminated by either party,with thirty(30)days written notice by either party.
3. Compensation and Method of Payment. For its services in connection with the review of wireless
telecommunications facility applications, Consultant shall receive as compensation for the performance
of services contemplated by this Agreement, the fees as depicted in Exhibit`B"of this Agreement, to be
invoiced by Consultant and paid by the City upon completion and submittal of application review and/or
hearing attendance, if required.
4. Notices. Whenever any notice is required or permitted, such notice shall be in writing and shall be
deemed sufficiently given if delivered by hand or by guaranteed overnight delivery service to the address
of the party to be notified or if deposited in the United States mail, postage prepaid, certified or
registered mail, return receipt requested, addressed to the party to be notified as follows:
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CONSULTANT: Cityscape Consultants, Inc.
7050 W Palmetto Park Road
Suite#15 PMB 652
Boca Raton, FL 33433
Attn: Kay Miles, Business Manager
Tel: 877-438-2851 Fax: 877-220-4593
CITY: City of Elgin
150 Dexter Court
Elgin, Illinois 60120-3-5570
Attn: William Cogley, Corporation Counsel/Chief Development Officer
Tel: 847-931-5659
Notices delivered in accordance with this paragraph shall be deemed received on the date of delivery to
such address or, if mailed, three days following deposit in the United States mail. Either party may
change its address for delivery of notice by giving notice of change of address in compliance with the
terms of this Section.
5. Entire Agreement: This Agreement constitutes the entire agreement and understanding of the parties and
supersedes all offers, negotiations, proposals and any other agreement of any kind relating to the subject
matter of this Agreement. There are no representations or understandings of any kind not set forth
herein. Any modification of this Agreement shall be in writing and executed by both parties hereto.
6. Governing Law; Jurisdiction; Venue. The construction and performance of this Agreement shall be
governed by and construed pursuant to the laws of the State of Illinois. Venue for any legal actions
initiated concerning this Agreement or arising in any way from and out of this Agreement shall be
brought in the Circuit Court of Kane County, Illinois having jurisdiction over said claim. The parties
waive any right they may have to venue in any other jurisdiction.
7. Authority. Each party hereto represents to the other party that such individual executing this Agreement
on behalf of that party is authorized by the requisite action of the party to execute this Agreement.
8. Insurance. Consultant shall maintain a general liability policy in the amount of $1,000,000 dollar
naming the City as an additional insured thereon.
9. Project Records and Documents. Each party, upon reasonable request of the other party, shall permit
examination or audit of all project-related records, books, documents, and papers during or following
completion of the project. Each party shall maintain such records, books, documents, and papers for at
least three(3)years following completion of the services performed.
10. Assignment. Neither party may assign or transfer its rights or obligations under this Agreement without
prior written consent of all other parties.
11. Indemnification. Consultant agrees to protect, defend, indemnify and hold City, its employees and
elected and appointed officials, harmless from any and all claims, damages, costs, liability, or expenses
(including attorney's fees) arising out of or in any way connected with the activities and performance of
the Consultant, Consultant's employees, agents, sub-contractors and anyone else working for or on
behalf of Consultant arising out of or from the Work.
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12. Sovereign Immunity. The City does not waive its governmental immunity by entering into this
Agreement and fully retains all immunities and defenses provided by law with respect to any action
based on or arising out of this Agreement.
13. Relationship. Nothing herein shall be construed to imply a joint venture, partnership, or principal-agent
relationship between the City and Consultant; and neither Party shall have the right, power, or authority
to obligate or bind the other in any manner whatsoever, except as otherwise agreed in writing.
14. Liability for Payment. The fees provided for herein for Consultants services shall be paid by the City.
Consultant shall assist City in amending its existing regulations to permit recover of some or all of the
fees from the site applicants while remaining in compliance with applicable state law regarding fees for
expert review.
IN WITNESS WHEREOF, the parties have signed this Agreement on this 7th day of March , 2017.
CONSULTANT: CITYSCAPE CONSULTANTS, INC.
B A
Title: I1 ', Usrrn n / YL�_
ATTE
Print Name
CITY: CITY OF ELGIN,ILLINOIS
By: Agft�&
Title: City Manager
Richard G. Kozml
AT�T:
City Clerk
Kimberly A. Dewis
Print Name
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Exhibit A
THIRD PARTY EXPERT SITE PLAN APPLICATION REVIEWS
Wireless Application Review Report:
Consultant will provide expert review (Site Application Review) of Wireless Facility Application submitted to the
City for the placement and construction and/or modification of personal wireless service facilities to ensure they meet
the requirements of the zoning, permissible structure height, safety and aesthetics and compliance with applicable
federal guidelines. Consultant will conduct a technical evaluation of the applicant's request for facilities to include but
not limited to:
• Accuracy of data and application completeness of submission;
• Assurance that the City works within the confines of the applicable"shot clock"and meets the time
allowed for disposition of telecommunications applications;
• Applicability of analysis techniques and methodologies;
• Validity of conclusions reached;
• Compliance with all applicable federal, state, and local structural codes;
• Whether the proposed wireless telecommunications facility complies with the applicable approval
criteria set forth in the City's local regulations including Ordinance No. G45-16;
• Determination if the search ring is adequate based on generally accepted cellular, PCS, ESMR, ISP,
paging and other engineering principles for the intended site;
• Evaluation of proposed height based on capacity, coverage or upgrades;
• Evaluation of the site option and/or any alternative site location options and
collocations/modifications/upgrades;
• Evaluation of compliance with existing ordinance and regulations (i.e., setbacks, tower separations,
ordinance definitions, etc.);
• Compliance with zoning requirements to include,but not limited to correctness of concealed design, low
profile antenna installation, maintaining correct number of approved zoning collocations and assurance
of matching concealment;
• Compliance with the Telecommunications Act of 1996, Tax Relief and Job Creation Act of 2012, and other
applicable federal laws, state and local rules and regulations,whether now existing or hereafter enacted;
• Compliance with state wireless statutes;
• Evaluation of aesthetic impacts and possible mitigation of, structures, shelters, containers and
landscaping to provide a more aesthetically pleasing solution;
• Evaluation of Federal Communications Commission(FCC)Radio Frequency(RF) exposure compliance;
• Evaluation of Compliance with Public Safety Communications systems;
• Other lawful matters deemed by the City to be relevant to determining whether a proposed wireless
telecommunications facility complies with the provisions of the City's regulations.
The City will forward to Consultant all application submittal packages, or arrange for Consultant to receive
submittals simultaneously and electronically from the applicant for which a review is required. When all
submission items are deemed complete, Consultant within fifteen business (15) days will submit to the City a
written report summarizing the petitioner's request and detailing the findings. Consultant will notify the City's
project planner of any additional materials required to conduct a comprehensive review of the application.
Consultant will provide the City with an agreed upon number of original hard copies of the report, submitted via
Federal Express, next day delivery, including a PDF copy via electronic mail. Upon request and advanced
scheduled notice by the City, Consultant will attend related zoning hearing for expert testimony and will also be
available to generate any follow-up submittal letters pertaining to expert testimony regarding a petitioner's
application.
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Exhibit B
THIRD PARTY EXPERT SITE PLAN APPLICATION REVIEWS
CONSULTING FEES
Wireless Application Review Project Fees:
CityScape's application review services are provided at a fixed cost,which are paid for by the applicant. The fee is set
per review and there are no additional or hidden costs.
Site Review and Analysis—New Structure: $5,000.00
• Review analysis;no attendance at related public hearing
• New structure review to include attendance by Engineer a one(1)
related visit(i.e. site visit,planning board,public hearing,etc.) $6,500.00*
• Additional meetings: attendance by Cityscape engineer and/or
representative at related meeting(i.e. site visit,planning board, $1,500.00*
public hearing, etc.)
Site Review and Analysis—Collocation/Modification-Upgrade:
• Collocation,modifications and upgrades (no required meetings) $4,000.00
*Authorization of attendance by the Planning Board or designee required in advance.
Fee includes attendance by CityScape representative and all travel related expenses.
Project review fee includes an initial review for "technical completeness," evaluation of the application and
submitted materials and/or follow-up review and/or letters on same application. There will be no incidental
charges associated with the review fee (i.e., faxing, emailing,printing and reproduction costs).
The site review for a new tower application may include attendance at related planning/zoning hearings to
provide expert testimony and assistance to the City. Each request for attendance shall be authorized and
approved in advance by the City.
All review fees will be paid directly to the City by the applicant, through the City's application and review
process. CityScape will invoice the City for the review upon the completion and submittal of the completed
review and analysis by CityScape and attendance at any scheduled meetings at the discretion of the City.
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