Staff Report with attachments
PREPARED BY: Tania Maheu
Administrative Analyst
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/21/2022 ITEM NO: 8
DATE: June 16, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Consultant
Services with Larry Cannon, Cannon Design Group to Provide Services as
Architectural Consultant to the Town.
RECOMMENDATION:
Authorize the Town Manager to execute an Agreement for Consultant Services with Larry
Cannon, Cannon Design Group to provide services as Architectural Consultant to the Town.
BACKGROUND:
In 2005, the Town Council approved a contract with Larry Cannon of Cannon Design Group to
serve as Architectural Consultant to the Town. Since that time, the architectural peer review
consultant process continues to be a successful component of the planning process.
The Town distributed a Request for Qualifications in April 2022 and received three proposals
from: Larry Cannon, Cannon Design Group (Attachment 1); Mammarella Architecture; and
Lindsay Toscano Architect. Staff determined that Larry Cannon of Cannon Design Group is the
most qualified to serve as the Architectural Consultant to the Town, based on the quality of the
proposal and past services provided.
DISCUSSION:
The Architectural Consultant serves in a similar capacity to other Town development peer
review consultants such as arborist, geotechnical, and environmental consultants. Typical tasks
that the Architectural Consultant may provide include the following:
PAGE 2 OF 3 SUBJECT: Larry Cannon, Cannon Design Group DATE: June 16, 2022
DISCUSSION (continued):
• Architecture and site design peer review and critique for development applications,
including residential and non-residential additions, remodels, and new buildings;
• Evaluation of architecture and site design for neighborhood compatibility and compliance
with applicable design standards and guidelines, specific plans, and the General Plan;
• Development of design recommendations and preparation of reports summarizing
findings and recommendations;
• Consultation with staff and/or applicants to discuss recommendations or project specific
issues;
• Special studies or projects, including, but not limited to: preparation of a checklist for
content of architectural plans for application packets; and
• Attendance at public meetings as needed.
CONCLUSION:
Cannon Design Group was determined to be the best candidate to continue serving as the
Town’s Architectural Consultant for the following reasons:
• Extensive experience and specialization providing architecture and site design peer review
and preparing design guidelines;
• Successful provision of architectural review services to the Town since 2005;
• Strong use of graphics to make reports user-friendly and easy to understand;
• Larry Cannon, principal, is both a registered architect and a certified planner;
• Good understanding of the Town’s codes, policies, and design guidelines (contributing
author of the Commercial and Residential Design Guidelines); and
• Experience with historic preservation.
COORDINATION:
The draft Agreement for Consultant Services (Attachment 2) was prepared in coordination with
the Town Attorney.
FISCAL IMPACT:
Architectural review for development proposals are paid for by the project applicant. The
typical consultant review deposit for a single-family home is $2,500. The actual cost is based on
the scope of work and the consultant’s fee schedule (see Attachment 1). An administrative fee
of 10 percent is also charged by the Town. The purpose of the administrative fee is to
reimburse the Town’s cost of administering the peer review.
PAGE 3 OF 3 SUBJECT: Larry Cannon, Cannon Design Group DATE: June 16, 2022
ENVIRONMENTAL ASSESSMENT:
This action is not a project defined under CEQA, and no further action is required.
Attachments:
1. CDG Proposal
2. Draft Agreement for Consultant Services
This Page
Intentionally
Left Blank
May 16, 2022
Ms. Jennifer ArmerCommunity Development DepartmentTown of Los Gatos110 E. Main StreetLos Gatos, CA 95030
RE: PEER REviEw DEsign sERvicEs statEmEnt of Qualifications
Dear Jennifer:
STATEMENT OF INTEREST
I am pleased to submit the following statement of qualifications to provide peer review services for the Town
of Los Gatos. I have a twenty year history of continuously providing design review services to the Town, and
would like to continue in that role.
INTRODUCTORY INFORMATION
I was retained in February 2002 as the Town Consulting Architect, and have to date provided 917 detailed
reviews for projects including modest additions to single family homes, new single family homes, multifam-
ily developments, retail stores and shopping centers, and many commercial projects including the two Netflix
Campus Complexes. In the course of that time, I have worked closely with over 25 individual staff planners
in the Community Development Department. When I was selected to provide these peer review services, the
Town Council believed that the detailed design review process would benefit from some outside professional
design review experience that would streamline the development review and approval process, and would free
up time for the Planning Commission to deal with broader policy issues. The process I developed and the re-
view letters that I have provided have resulted in clearly identifying for each project significant issues for plan-
ning staff and Planning Commission consideration, and in identifying one or more ways the applicant might
address those issues to allow both staff and the Planning Commission to work with the applicant to achieve a
project suitable to the applicant’s goals and the Town’s Community Expectations.
In providing design review services to the Town, I bring over forty-five years of active design review
services for a great many Bay Area Communities as well as individual California Redevelopment Agencies
(Pasadena, Los Angeles, Pleasant Hill and others) and U.S. and Canadian institutions of higher education (25
years as the Consulting Architect for the University of Victoria, BC). That experience has been enriched with
the preparation of many design guidelines documents as well as the active planning of a great many Califor-
nia Downtowns and Transit-Oriented Developments.
ATTACHMENT 1
Peer Review
Design Services Proposal
May 16, 2022 Page 2
EXPERIENCE.
Latry Cannon has provided design and planning review consultation services to cities, counties, redevelop-
ment agencies and institutions of higher education for the past forty-five years. As a registered architect and
an active urban planner/designer, he has extensive experience in working with planning staff, developers, and
architects to arrive a mutually agreeable solutions which reflect community goals while respecting develop-
ers’ reasonable expectations. CDG design review experience is enhanced by the firm’s substantial experience
in preparing comprehensive design guidelines documents, including signage guidelines, for the expression of
community identity goals. He is currently providing on-going design review consultation to the following Bay
• Town of Los Gatos (20 years)
• City of Brentwood (18years)
• City of Millbrae (2 years)
• City of San Mateo (18 years)
• City of Sunnyvale (18 years)
• City of Brisbane (1 yerar)
Other design review clients have included the following:
• City of Alameda
• City of Albany
• City of Campbell
• City of Cupertino (18 years)
• City of Dublin
• City of El Cerrito
• City of Lathrop
• City of Milpitas (11 years)
• City of Mountain View
• City of Napa
• City of Pasadena
• City of Pleasanton
• City of Pleasant Hill
• City of Redwood City (2 years)
• University of Victoria, BC
• California State University,
HaywardDESIGN REVIEW
EXPERIENCE
BY CATEGORY
• Single Family Homes
• Single Family Additions
• Multifamily Complexes
• Small Lot Subdivisions
• Mixed Use Buildings
• Downtown Stores
• Retail Pad Buildings
• Shopping Centers (New)
• Shopping Centers (Remodel)
• Markets and Drug Stores
• Restaurants
• Fast Food Restaurants
• Gas Stations
• Automobile Dealerships
• Small & Large Office Buildings
• Hotels
• Cinemas
• High Technology Campuses
• Home Improvement Centers
• Department Stores
• Large Format Retail Buildings
• Churches and Synagogues
• Libraries and Public Safety
Buildings
• Parking Structures
• Day Care Centers
QUALIFICATIONS
• Register Architect.
• Over 45 years of design review and design guidelines experience.
• Twenty years of design review services to the Town of Los Gatos.
• Several current design review clients have been clients for 18 years.
• Extensive knowledge of the Town of Los Gatos neighborhoods.
• Long term experience in working with individual Los Gatos planning staff.
• Thousands of digital images of Los Gatos neighborhoods and homes.
• Thousands of example images from other communities for use as examples in review letters.
• Design review experience in all project and building types.
• Experience and history of writing clear and concise review letters.
• Extensive experience in identifying design concerns and preparing specific design solutions for addressing them.
• Preparation of Los Gatos How to Read Your Neighborhood Workbook.
• Multi-year work with staff and the General Plan Committee in preparation of Residential, Multifamily
and Commercial Design Guidelines. Having worked with staff and the committee over a period of three
plus years on the guidelines, and having written the design guidelines, I have detailed knowledge of each
guideline’s intent.
Peer Review
Design Services Proposal
May 16, 2022 Page 3
TOTAL NUMBER OF STAFF PROVIDING SERVICES
Larry Cannon personally has provided all design review services to the Town of Los Gatos as well as to all
other design review clients throughout his long career. This has provided objectivity and consistency to all
reviews, with familiarity and easy access to the thousands of personal digital images of examples to clearly
convey recommendations.
ABILITY TO PERFORM ON SHORT NOTICE AND UNDER TIME CONSTRAINTS
I have consistently provided review letters within two to three weeks of receiving drawings and authorization
from staff to proceed. When projects are needed sooner. Los Gatos projects are given priority.
STATEMENT OF UNDERSTANDING
The Town of Los Gatos is a very special place with residents and elected and appointed officials who are
acutely aware of the Town’s unique scale and character. When I was selected to provide design review services
in 2002, I met individually with each member of the Planning Commission and Town Council. Each told me
that the two highest review priorities were in this order:
• Neighborhood Compatibility
• Design Excellence
I have been guided by those two priorities in all reviews since that time.
SERVICES APPROACH
I implement a disciplined and consistent approach for all projects that emphasizes neighborhood compat-
ibility and design excellence. It is a highly graphic approach that utilizes a review and recommendations letter
including the following:
• Neighborhood Context
Aerial photo with identification of the site location and photos of the site and surrounding structures gathered from Google
Earth Pro and other photos from previous project reviews.
• Issues and Concerns
Annotated applicant drawings with issues and concerns graphically called out
• Recommendations
Recommended changes over annotated applicant drawings showing recommendations along with photo images illustrating
similar solutions within the Town of Los Gatos and other locations
ESTIMATED HOURS AND FEE ESTIMATES
$150 per hour for time actually spent plus limited actual expenses at cost plus 15% up to the Town’s autho-
rized maximum deposit. Most projects are accomplished within an intial authorization of $2,500. Follow up
reviews utilize any funds left from the intial authorization plus addional hours billed at the hourly rate above.
Peer Review
Design Services Proposal
May 16, 2022 Page 4
REFERENCES
TOWN OF LOS GATOS
Joel Paulson
Community Development Director
(408) 354-6879
jpaulson@losgatosca.gov
CITY OF MILLBRAE
Tom Williams
City Manager
(650) 784-3434 cell
TWilliams@ci.millbrar.ca.us
Darcy Smith
Community Development Director
Community Development Department
(650) 259-2341
dsmith@ci.millbrae.ca.us
CITY OF SAN MATEO
Rendell Bustos
Senior Planner
(650)-522-7211
rbustos@cityofsanmateo.org
(408) 730-7444
CITY OF BRISBANE
Mr. John A. Swiecki
Community Development Director
Community Development Department
City of Brisbane
50 Park Place
Brisbane, CA 94005
(415).508.2120
jswiecki@brisbaneca.org
CURRENT LITIGATION:
None
Peer Review
Design Services Proposal
May 16, 2022 Page 5
SINGLE FAMILY HOME
RESIDENTIAL DEVELOPMENT
REVIEW LETTER EXAMPLE
May 11, 2022
Mr. Ryan SaftyCommunity Development DepartmentTown of Los Gatos110 E. Main StreetLos Gatos, CA 95031
RE: 14329 Mulberry Drive
Dear Ryan:
I reviewed the drawings and evaluated the site context. I have previously reviewed another proposed house on
this site some eleven years ago, and have also reviewed several other homes on Mulberry Drive including the
one immediately in front of this flag parcel. My comments and recommendations are as follows:
NEIGHBORHOOD CONTEXT
The site is located on a dead end street with a mix of old and newer homes designed in traditional styles. The
homes are a mixture of one and two-stories in height. Photographs of the site and surrounding context are
shown on the following page.
14329 Mulberry Drive
Design Review Comments
May 11, 2022 Page 2
THE SITE
Entry drive to the site Mulberry Drive House in front of site
House immediately adjacent to the site Nearby house on Mulberry Drive
14329 Mulberry Drive
Design Review Comments
May 11, 2022 Page 3
PROPOSED PROJECT
The existing home on the site will be removed and replaced by a two story new house with garage - see pro-
posed elevations below.
PROPOSED FRONT ELEVATION
PROPOSED LEFT SIDE ELEVATION
PROPOSED RIGHT SIDE ELEVATION
PROPOSED REAR ELEVATION
14329 Mulberry Drive
Design Review Comments
May 11, 2022 Page 4
ISSUES AND CONCERNS
The proposed design is good from the standpoint that it is a recognizable traditional residential design style that
would fit comfortably into the immediate neighborhood. But there are many issues that need to be addressed to
bring it into better conformance with the Town’s Residential Design Guidelines and traditional detailing.
1. The garage gable is quite large and dominates the front facade. It would not be consistent with Residen-
tial Design Guideline 3.4.1.
3.4.1 Limit the prominence of garages
• Avoid designs that allow the garage to dominate the street facade.
• Recess garage doors as much as possible from the garage facade.
• Integrate the garage into the house forms in a manner that de-emphasizes the garage doors.
2. The roof slopes are somewhat variable, and overly complex which would not be consistent with Residen-
tial Design Guidelines 3.5.1 and 3.5.2.
3.5.1 Unify roof pitches
• Utilize the same slope for all primary roofs.
3.5.2 Avoid excessive roof form complexity
• Avoid multiple floor plan pop outs that produce multiple roof gables.
3. The height differential between the gable peaks on the second floor projecting bay windows is visually
awkward. The differential is caused by the lack of consistent roof slopes - see comment #2 above.
4. The first floor roof transition between the front porch roof and the left side facade is very awkward and
non-traditional.
5. The lack of a beam at the front porch and a metal railing would not be consistent with Residential De-
sign Guideline 3.10.1. Also, some porch elements need further refinement.
3.10.1 Porches and Entries
• Select columns that are traditional to the architectural style of the house. Take care in selecting columns
with an appropriate width to height ratio for the style. Except for a very few styles, the columns should
have appropriate caps and bases with proportions typical of the style.
• Provide a well proportioned beam between the column caps and the roof. Size and detail the beam so that
it looks like a convincing structural member. It should be visible both from inside and outside of the porch.
• Railings should generally be constructed of wood unless the specific architectural style allows for metal or
stone. Provide both top and bottom rails with the bottom rail raised above the porch floor level.
14329 Mulberry Drive
Design Review Comments
May 11, 2022 Page 5
6. The two story gable walls on the side elevations are adding unnecessary complexity to the roof form and,
as currently designed, not consistent with Residential Design Guideline 3.3.3.
3.3.3 Provide visual relief for two story walls
7. The open gable roof without supporting structure on the rear facade is not consistent with the architec-
tural style.
8. The rear deck columns are too small and the proposed glass railings would not be consistent with the
style.
14329 Mulberry Drive
Design Review Comments
May 11, 2022 Page 6
9. Note that the section shown below is quite incomplete and confusing. It does, however, highlight the
issue that roof overhangs seem to vary which would not be consistent with the architectural style and
Residential Design Guideline 3.5.3.
3.5.3 Relate roof overhangs to the architectural style and to the surrounding neighborhood
RECOMMENDATIONS
The recommendations below are intended to simplify the design, refine the details and improve conformance
with the Residential Design Guidelines.
1. Eliminate the gable roof at the garage and extend the porch roof over the garage.
2. Increase the consistency of the roof slopes (6:12 shown), and provide more uniformity to the front facade
roof gables and bay windows.
3. Revise the transition of the porch roof to the left side facade to reduce the tall wall expanse.
4. Add window on the second floor front facade which currently is quite blank.
5. Add a beam at the front entry porch, refine the column bases and caps, and use a wood railing rather
than the proposed metal railing.
14329 Mulberry Drive
Design Review Comments
May 11, 2022 Page 7
6. Eliminate the side facade gables/ This would still provide a generous, high ceiling in the Master Bed-
room. Some examples are shown below.
7. Add a roof truss to the rear facade second floor deck. Two examples are shown below.
14329 Mulberry Drive
Design Review Comments
May 11, 2022 Page 8
8. Refine the second floor deck columns, column bases and railings to match the front entry porch.
9. Group the windows on the rear facade (see example below), or use smaller windows to allow more wall
space between them.
10. Provide consistency on all roof overhangs - see concern #9 and illustration on page 6
11. Recess the garage door per Residential Design Guideline 3.4.1.
Ryan, please let me know if there are any issues that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry L. Cannon
Peer Review
Design Services Proposal
May 16, 2022 Page 6
COMMERCIAL DEVELOPMENT
REVIEW LETTER EXAMPLE
May 3, 2022
Ms. Jocelyn Shoopman
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
RE: 15600 & 15650 Los Gatos Blvd.
Dear Jocelyn:
This is the fourth round of site plan and architectural submittals that I have reviewed for this project in the
past ten years, the last being in 2013. I have reviewed the revised project drawings. My comments and recom-
mendations are as follows:
NEIGHBORHOOD CONTEXT
The site is a former auto dealership located at the corner of Los Gatos Boulevard and Los Gatos Almaden
Road. The site is largely a paved parking area with now abandoned sales and service buildings. Nearby uses are
mixed, and include shopping centers, commercial strip buildings, an auto dealership, and residences. Photos
of the site and surrounding neighborhood are shown below.
ARCHITECTURE PLANNING URBAN DESIGN
Site with existing building
Los Gatos Blvd. site frontage
Eastern parcel property edge
Commercial building across Los Gatos Blvd.
Adjacent auto dealership to the north
Shopping Center across Los Gatos Almaden Road
Los Gatos Almaden Road site frontage
Commercial building across Los Gatos Blvd.
15600 & 15650 Los Gatos Blvd.
Design Review Comments
May 3, 2022 Page 2
CONTEXT
The site, as an important corner lot on two main streets, needs to be viewed in the broader context of Los Ga-
tos Boulevard. Over the past twenty years or so, several other corner lots have seen new development, and the
Town has worked hard to guide that development in a manner to reinforce those corners with strong archi-
tectural forms and landscaping. The site and the other most important corners are shown in the aerial photos
below.
Some of the earlier project submittals for this site utilized site plans which separated the proposed structure
from the Los Gatos Boulevard and Los Gatos Almaden Road frontages with parking lots. The current plan
properly places the structure at the corner with parking to the side and behind it. This is much more desirable
than allowing parking to dominate the street frontages. The proposed corner treatment is shown below with
two other similar Los Gatos Blvd. intersections.
Lark Avenue Intersection
Blossom Hill Road Intersection
Proposed Site Plan
Proposed Corner Treatment
15600 & 15650 Los Gatos Blvd.
Design Review Comments
May 3, 2022 Page 3
PROPOSED PROJECT
Proposed Los Gatos Blvd. Elevation
Proposed East Elevation (Entry and Parking Lot side)
Proposed North Elevation (Entry and Parking Lot side)
Proposed Los Gatos-Almaden Road Elevation
Los Gatos Blvd. Parking Lot Entry Corner
North Parking Lot Entry Corner Los Gatos Blvd. Corner
15600 & 15650 Los Gatos Blvd.
Design Review Comments
May 3, 2022 Page 4
ISSUES AND CONCERNS
The proposed design is contemporary in style with a mix of flat and sloping roofs. It would be substantially
different in that regard from most of the newer commercial projects along Los Gatos Blvd. which have been
largely modeled on traditional Mediterranean Styles. The closest in style would be the Market Hall in the
North Forty project. That said, the project is very well designed and would, I believe, be in the spirit of the
Town of Los Gatos and the Town’s Commercial Design Guidelines. There are, however, a few issues which
staff may wish to discuss further with the applicant.
1. The site plan works well with parking frontages along Los Gatos Blvd. and Los Gatos-Almaden Road
limited in length. There could be an issue, however, with the truck loading area located at the project
auto entry on Los Gatos-Almaden Road. Circulation conflicts between trucks and autos could be con-
trolled by limiting the delivery time schedules. But, the truck maneuvering pattern to easily back into the
truck bays is not clear.
2. Provisions for safe pedestrian circulation from parking at the northern edge of the parking lot to the
building entry are well provided for, but similar accommodations have not been made for parking at the
eastern edge of the site.
15600 & 15650 Los Gatos Blvd.
Design Review Comments
May 3, 2022 Page 5
3. The proposed treatment at the intersection corner of the site appears attractive, but not likely pedestrian-
usable as shown on the corner sketch below unless the adjacent building occupancy supports outdoor
uses.
15600 & 15650 Los Gatos Blvd.
Design Review Comments
May 3, 2022 Page 6
4. The strong contrast of color on the central portion of the Los Gatos Blvd., facade and on the truck load-
ing dock area would draw the eye like a focal point, and would disrupt the well-done design unity of the rest
of the structure. Likewise, the window treatments (i.e., transparency) will depend on the tenant’s interior uses.
RECOMMENDATIONS
1. Ask applicant to provide verification that truck access to loading dock works and that provisions will be
made to mitigate truck/auto conflicts.
15600 & 15650 Los Gatos Blvd.
Design Review Comments
May 3, 2022 Page 7
2. Add a landscape divider at the Los Gatos-Almaden Road project entry if possible
3. Provide a protected pedestrian circulation path from the east parking lot to the entry similar to the one
proposed from the north parking lot.
4. Remain flexible on the treatment of the Los Gatos Blvd /Los Gatos-Almaden Road intersection corner
and the Los Gatos Blvd. facade fenestration until building tenant confirms potential interior uses. If not
feasible as current;y shown, add landscaping to the corner and investigate alternative treatments for the
window areas. Some examples are shown below.
15600 & 15650 Los Gatos Blvd.
Design Review Comments
May 3, 2022 Page 8
5. Tone down the color contrast of the white stucco wall volumes on Los Gatos Blvd. and the truck load-
ing area walls or change the material to wood siding or stone to improve the overall design unity of the
facades.
15600 & 15650 Los Gatos Blvd.
Design Review Comments
May 3, 2022 Page 9
Jocelyn, please let me know if you have any questions, or if there are specific issues of concern that I did not
address.
Sincerely,
CANNON DESIGN GROUP
Larry Cannon
15600 & 15650 Los Gatos Blvd.
Design Review Comments
May 3, 2022 Page 10
Larry Cannon, CANNON DESIGN GROUP Agreement for Consultant Services Page 1 of 8
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on July 1, 2022 by and between TOWN OF LOS
GATOS, a California municipal corporation, (“Town”) and Larry Cannon, CANNON DESIGN GROUP,
(“Consultant”), whose address is 700 Larkspur Landing Circle, Suite 199, Larkspur, CA 94939. This
Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to review architecture and site design for
development applications; revise design standards and guidelines as needed; consult with
and meet with staff, applicants, and decision makers; and attend public meetings as
needed.
1.2 The Consultant represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in the certain services
listed below.
Administrative Duties
When needed by Town, provide architecture and site design review for development
applications and make recommended changes as needed based on the Town’s approved
design standards and guidelines. This shall include evaluating plans for development
proposals, reviewing site layout and architectural plans, conducting site visits, and/or
identifying design recommendations and conditions of approval.
a. When needed by Town, conduct site design review and review and critique the
architecture for development applications, including additions, remodels, and new
buildings.
b. When needed by Town, conduct field investigations and develop recommendations
for compliance with applicable design standards and guidelines, specific plans, and
the General Plan, and prepare reports summarizing findings and recommendations
(typically with a 10 to 15 day turnaround).
ATTACHMENT 2
Larry Cannon, CANNON DESIGN GROUP Agreement for Consultant Services Page 2 of 8
c. When needed by Town, consult with staff and/or applicants to discuss
recommendations or project specific issues.
d. When needed by Town, conduct special studies or projects including but not
limited to: updating the Town’s design standards and guidelines; and preparation
of a checklist for content of architectural plans for application packets.
e. When needed by Town, attend meetings with Town staff, public officials,
community leaders, developers, contractors, and the general public.
f. When needed by Town, advise, support, and assist Town departments,
committees, commissions, and Town Council. In addition, act as a liaison between
Town and federal, state, and regional agencies.
g. When needed by Town, attend Town Council, Planning Commission, and special
study session meetings when: project applications with architectural or design
issues are being considered; and architectural review processes or a design related
document is being discussed.
h. As requested by Town, provide copies of draft and final draft work products of
reports and studies prepared for Town. Consultant shall provide electronic file
copies of these documents as needed.
Other Miscellaneous Services
The Town may occasionally have the need for other services not specifically listed in this
document that the Consultant has the necessary experience and capabilities to provide.
Town may authorize Consultant to perform such selected services on an as-needed basis.
2.2 Term and Time of Performance. The services of Consultant are fixed for a five-year period
that will commence upon the execution of the contract. At the end of this period, should
the Town not renew the contract, the contract shall automatically expire. The individual
time of performance schedule for each project referred to the Consultant is required to be
performed as outlined in the scope of services section of this Agreement.
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state, and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications, and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
Larry Cannon, CANNON DESIGN GROUP Agreement for Consultant Services Page 3 of 8
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by Consultant under this Agreement are the Town’s
property and shall be delivered to the Town upon the completion of Consultant's services
or at the Town's written request. All reports, information, data, and exhibits prepared or
assembled by Consultant in connection with the performance of its services pursuant to
this Agreement are confidential until released by the Town to the public, and the
Consultant shall not make any of the these documents or information available to any
individual or organization not employed by the Consultant or the Town without the
written consent of the Town before such release. The Town acknowledges that the
reports to be prepared by the Consultant pursuant to this Agreement are for the purpose
of evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Consultant in connection with other projects shall be solely at Town's risk,
unless Consultant expressly consents to such use in writing. Town further agrees that it
will not appropriate any methodology or technique of Consultant which is and has been
confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed the
established hourly rates, as set forth in the Fee Schedule (Exhibit A), which is attached
hereto and incorporated herein by reference. Payment shall be based upon Town
approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or draft
form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel of the Town at the Consultant's
offices during business hours upon written request of the Town.
Larry Cannon, CANNON DESIGN GROUP Agreement for Consultant Services Page 4 of 8
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Consultant may perform some obligations
under this Agreement by subcontracting, but may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement. Consultant agrees to
testify in any litigation brought regarding the subject of the work to be performed under
this Agreement. Consultant shall be compensated for its costs and expenses in preparing
for, traveling to, and testifying in such matters at its then current hourly rates of
compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter
into any such holdings or agreements. In addition, Consultant warrants that it does not
presently and shall not acquire any direct or indirect interest adverse to those of the Town
in the subject of this Agreement, and it shall immediately disassociate itself from such an
interest, should it discover it has done so and shall, at the Town's sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable steps to
ensure that it does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed a
person with a direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment and Housing Act.
Larry Cannon, CANNON DESIGN GROUP Agreement for Consultant Services Page 5 of 8
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single
limit per occurrence for bodily injury, personal injury, and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than one million dollars
($1,000,000) which is sufficient to insure Consultant for professional errors
or omissions in the performance of the particular scope of work under this
Agreement.
General Liability:
i. The Town, its officers, officials, employees, and volunteers are to be
covered as insured as respects: liability arising out of activities performed by
or on behalf of the Consultant; products and completed operations of
Consultant; and premises owned or used by the Consultant. This
requirement does not apply to the professional liability insurance required
for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees, and volunteers. Any insurance
or self-insurances maintained by the Town, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees, or
volunteers.
Larry Cannon, CANNON DESIGN GROUP Agreement for Consultant Services Page 6 of 8
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits
except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the Town. Current certification of such insurance shall be
kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless, and indemnify and
defend the Town its officers, agent, employees, and volunteers from all damages,
liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set
up because of damages to property or personal injury received by reason of, or in the
course of performing work which may be occasioned by a willful or negligent act or
omissions of the Consultant, or any of the Consultant's officers, employees, or agents or
any subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen (15) days written
notice of termination. In the event of termination, the Consultant shall deliver to the
Town all plans, files, documents, and reports performed to date by the Consultant. In the
event of such termination, Town shall pay Consultant an amount that bears the same ratio
to the maximum contract price as the work delivered to the Town bears to completed
services contemplated under this Agreement, unless such termination is made for cause,
in which event, compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
Larry Cannon, CANNON DESIGN GROUP Agreement for Consultant Services Page 7 of 8
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Larry Cannon
Cannon Design Group
700 Larkspur Landing Circle, Suite 199
Larkspur, CA 94939
Or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings, or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
Larry Cannon, CANNON DESIGN GROUP Agreement for Consultant Services Page 8 of 8
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Joel Paulson,
Community Development Director
Consultant, by:
Larry L. Cannon, AIA, AICP
Cannon Design Group
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Shelley Neis, MMC, CPMC
Town Clerk