HomeMy Public PortalAbout09) 7F Contract Services Agreement Lilley Planning GroupDATE: June 4, 2013
AGENDA
ITEM 7. F.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager
By: Giselle Corella, Executive Assistant to the City Manager
SUBJECT: CONTRACT SERVICES AGREEMENT WITH LILLEY PLANNING GROUP
RECOMMENDATION:
The City Council is requested to:
a) Award a Contract Services Agreement with Lilley Planning Group for Strategic
Plan consultant services (Attachment "A") not to exceed $40,000; and
b) Authorize the City Manager to finalize and execute the Contract Services
Agreement with Lilley Planning Group.
BACKGROUND:
1. On May 8, 2010, the City Council directed the City Manager to proceed with
changing the City organization from status quo to a high performance organization
during a Goal Setting and Strategic Planning discussion.
2. On June 19, 2012, the City Council approved the Fiscal Year (FY) 2012-13 City
Budget, which included a $30,000 appropriation for Strategic Planning.
3. On February 19, 2013, the City Council approved the FY 2012-13 Mid -Year
General Fund Budget Review Report, which appropriated an additional $10,000
(i.e., totaling in $40,000) for Strategic Planning.
4. On February 6, 2013, the City issued a Request for Proposals (RFP) (Attachment
"B") for a Local Government Strategic Planning Consultant to assist the City in the
development of a City Strategic Plan.
5. On March 11, 2013, the City received seven proposals from: RBF Consulting,
Novak Consulting Group, Corporate Leadership Group, Y -Change Group, Lilley
City Council
June 4, 2013
Page 2 of 4
Planning Group, Mejorando Group, and Mercer Group. Staff (i.e., City Manager
Jose Pulido, Administrative Services Director Tracey Hause, Community
Development Director Mark Persico, Assistant to the City Manager Brian Haworth,
and Executive Assistant to the City Manager Giselle Corella) completed a review of
the proposals, and selected the three most qualified firms (i.e., Lilley Planning
Group, Mejorando Group, and Mercer Group) for interviews.
6. On March 28, 2013, the City's selection committee (i.e., City Manager Jose Pulido,
Administrative Services Director Tracey Hause, Community Development Director
Mark Persico, and Executive Assistant to the City Manager Giselle Corella)
interviewed representatives from the selected firms. The selection committee
determined that the proposal from Lilley Planning Group (Attachment "C") offered
the most innovative and personalized approach to developing a City Strategic
Plan.
7. On April 19, 2013, the Strategic Planning Ad Hoc Committee (i.e., Mayor Pro Tem
Blum and Councilmember Yu) met with the City Manager and Community
Development Manager to discuss the firms interviewed and the recommendation
made by the selection committee.
ANALYSIS:
Over the past three years, the City Council has met early each year to identify the City's
goals for the upcoming fiscal year. The goals identified help dictate the budget priorities
and objectives included in the City's annual operating budget. Over the past few years,
these goals have focused on tackling a backlog of unmet infrastructure needs, ensuring
financial sustainability, providing public safety, improving environmental stewardship,
and fostering improvement in community engagement. As a result, staff has worked
diligently toward meeting these goals and has accomplished some successes including:
the Rosemead Boulevard Safety Enhancement and Beautification Project; Las Tunas
Drive Beautification and Safety Enhancement Project; Gateway Project; Bicycle Master
Plan; and Comprehensive Downtown Parking Strategic Plan; Traffic Calming Master
Plan; and the Parks and Open Master Plan.
However this year, it is the City Council's goal to develop and implement an inaugural
City Strategic Plan that will articulate a clear vision of its future that guides City Council
actions, as well as staff's actions, for its successful implementation. The inaugural City
Strategic Plan will include benchmarks or milestones that measure the City's progress
toward achieving its strategic goals/City Initiatives (e.g., City initiatives: General Plan
Update, Development of a Historic Preservation Ordinance, etc.). Much like the goals
the City Council develops each year to identify its goals for the upcoming fiscal year, a
City Strategic Plan will indentify the community's vision and goals for the City in the next
20 years. The City Strategic Plan will help the City Council and staff to recognize what
the community identifies as priorities among the City's various strategic goals/initiatives.
City Council
June 4, 2013
Page 3 of 4
The inaugural City Strategic Plan will become a living document that will periodically
change to accommodate the City's changing needs, but ultimately the City Strategic
Plan will solidify short term (five year), intermediate term (six to 10 year), and long term
(10 to 20 year) goals as identified by the community, City Council, and staff. To develop
the City Strategic Plan, the Strategic Plan Consultant services will include consultant
preparatory meetings with the City Council and the City Manager, facilitation of
workshops, a public outreach campaign, and deliverables (i.e., Strength Weakness
Opportunity Threat (SWOT) Analysis, compilation of Community Outreach input, City
Strategic Plan, and Implementation Plan). Upon award of contract, the length of contract
and timeline of events will be determined and finalized after preparatory meetings with
the City Council and the City Manager. Furthermore, the development of the City
Strategic Plan is crucial in providing a roadmap for the completion of the various City
Initiatives.
Based on the City's main objectives for the development of a successful City Strategic
Plan, it is staff's assessment that Lilley Planning Group consistently met the City
Council's expectations for the delivery of Strategic Plan consultant services. The
following qualifications supports why Lilley Planning Group is the best firm to provide
Strategic Planning Consultant services:
1. Communitv Enaaaement
The City Council is interested in having its City Strategic Plan completed
proactively and transparently with community considerable participation. As
indicated in the RFP, the community engagement process needs to allow for
both active and passive involvement to ensure diverse and extensive multi-
lingual community participation. Lilley Planning Group is well versed in various
community engagement techniques including facilitation of public workshops,
incorporating social media outlets and new web -based tools (i.e., MindMixer) to
reach various ethnic and age groups. Temple City is a multilingual community
and the Lilley Planning Group displayed the most experience in understanding
Temple City's needs from their staff's previous work experience in the San
Gabriel Valley.
2. Innovation
Lilley Planning Group has proposed alternative approaches to developing a
City Strategic Plan. Unlike most Strategic Planning Consultant firms (that have
a generic strategic planning toolbox in their approach), the Lilley Planning
Group displayed a "personalized" approach to developing the City's Inaugural
Strategic Plan. Their proposed approach included branding the City Strategic
Plan to bring the plan alive during the outreach process, as well as
incorporating a plethora of community engagement tools, rather than
committing to one method of community outreach.
City Council
June 4, 2013
Page 4 of 4
3. Flexibility
Lilley Planning Group is a local firm (i.e., Fullerton, California). As a local firm,
the Lilley Planning Group can be readily available and accommodating to
potential changes in the City Council/ City Manager preparatory meetings and
public workshops. Lilley Planning Group has also displayed the most "flexibility"
in the timeline for the community engagement process, understanding that
"quality" community engagement may take more than three public meetings in
a one to two month span. Additionally, the Lilley Planning Group has
presented the ability to be "flexible" and "personalized" in the format for its
deliverables, rather than committing to a generic format for deliverables.
The aforementioned qualifications are among the most desirable qualifications the City
Council has identified as needed from the Strategic Planning Consultant to change the
City organization from status quo to a high performance organization.
CONCLUSION:
The City Council is recommended to approve a Contract Service Agreement with Lilley
Planning Group for Strategic Planning Consultant Services as they offer the most
innovative community engagement processes and flexibility as it pertains to scheduling
of meetings, workshops and formatting of deliverables.
FISCAL IMPACT:
On June 19, 2012, the City Council approved the Fiscal Year (FY) 2012-13 City Budget
which included a $30,000 appropriation for strategic planning services. Subsequent to the
February 19, 2013 City Council Meeting, the City Council approved the FY 2012-13
Mid -Year General Fund Budget Review Report, which appropriated an additional
$10,000 (i.e., totaling in $40,000) for strategic planning services. Therefore, staff is
recommending a total agreement amount not to exceed $40,000. Sufficient funds have
been appropriated in the current year's adopted budget (i.e., FY 2012-13).
ATTACHMENTS:
A. Draft Contract Services Agreement between the City of Temple City and Lilley
Planning Group
B, Request for Proposals (RFP) for Local Government Strategic Planning Consultant
C. Lilley Planning Group proposal (dated March 11, 2013)
Attachment "A"
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
LILLEY PLANNING GROUP
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-1-
AGREEMENT FOR CONSULTANT SER`"ICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
LILLEY PLANNING GROUP
This _agreement for Consultant Services ("_agreement") is entered into as of this
day of 2013 by and between the Cite of TEMPLE CITY, a municipal corporation
("City') and , a ("Consultant"). Cite and
Consultant are sometimes hereinafter individually_ referred to as "Party" and hereinafter
collectively referred to as the "Parties."
RECITALS
A. Cite has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Section 2 of this _-agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Section 2 of this _-agreement, was selected by the
Cite to perform those services.
C. Pursuant to the Cite of Temple City's Municipal Code. Cite has authority to enter
into this Consultant Services _-agreement and the Cite Manager has authority to execute this
_-agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Section 2 of this _-agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW. THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of _-agreement" of this _-agreement,
the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to
the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this _-agreement pursuant to
Section 21 of this _-agreement. The Cite, in its sole discretion, may choose not to enforce the
Default provisions of this _-agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
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SECTION 2. SCOPE OF SER`"ICES.
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services"
and made a part of this _agreement.
SECTION 3. ADDITIONAL SER`"ICES.
Consultant shall not be compensated for any services rendered in connection with its
performance of this _agreement which are in addition to or outside of those set forth in this
_agreement or listed in Exhibit "A" "Scope of Services." unless such additional services are
authorized in advance and in writing by the Cite Council or Cite Manager of Cite. Consultant
shall be compensated for any such additional services in the amounts and in the manner agreed to
by the Cite Council or Cite Manager.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this _agreement. Cite agrees to pay
Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this
_agreement. The total compensation, including reimbursement for actual expenses, shall not
exceed forte thousand dollars ($40.000), unless additional compensation is approved in writing
by the Cite Council or Cite Manager.
(b) Each month Consultant shall furnish to Cite an original invoice for all work
performed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: labor (by sub-categon'), travel, materials, equipment, supplies, and
sub -consultant contracts. Sub -consultant charges shall be detailed by the following categories:
labor, travel, materials, equipment and supplies. Cite shall independently review each invoice
submitted by the Consultant to determine whether the work performed and expenses incurred are
in compliance with the provisions of this _agreement. hi the event that no charges or expenses
are disputed, the invoice shall be approved and paid according to the terms set forth in subsection
(c). In the event any charges or expenses are disputed by Cite, the original invoice shall be
returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by Cite. Cite will use its best efforts to cause Consultant to be paid within
forte -five (45) days of receipt of Consultant's correct and undisputed invoice.
(d) Paynnent to Consultant for work performed pursuant to this _agreement shall not
be deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
Cite may inspect and accept or reject any of Consultant's work under this _agreement,
either during performance or when completed. Cite shall reject or finally accept Consultant's
work within sixty (60) days after submitted to Cite. Cite shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. _acceptance of any of Consultant's work by Cite shall
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not constitute a waiver of any of the provisions of this _agreement including, but not limited to.
sections 16 and 17, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any services pursuant to this _agreement shall become the
sole property of Cite and may be used, reused or otherwise disposed of by Cite without the
pennission of the Consultant. Upon completion, expiration or tennination of this _agreement.
Consultant shall turn over to Cite all such original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that Cite utilizes for any purpose not related to this _agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this _agreement. Consultant's guarantees and warrants related
to Standard of Performance and found in Section 9 of this _agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION 7. CONSULTANT'S BOOBS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant to this _agreement. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to Cite pursuant to this _agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to pennit an accurate evaluation of the services provided by
Consultant pursuant to this _agreement. Any and all such documents or records shall be
maintained for three years from the date of execution of this _agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by Cite or its designated representative. Copies of such documents
or records shall be provided directly to the Cite for inspection, audit and copying when it is
practical to do so: otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Consultant's address indicated for receipt of notices in this
_agreement.
(c) Where Cite has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or tennination
of Consultant's business. Cite may, by written request, require that custody of such documents or
records be given to the Cite and that such documents and records be maintained by the
requesting parte. _access to such documents and records shall be granted to Cite, as well as to its
successors -in -interest and authorized representatives.
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SECTION 8. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of Cite. Consultant shall have no authority to bind Cite in any
manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Cite,
whether by contract or otherwise, unless such authority is expressly conferred under this
_AGREEMENT or is otherwise expressly conferred in writing by Cite.
(b) The personnel performing the services under this _agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City,
nor any elected or appointed boards, officers, officials, employees or agents of Cite, shall have
control over the conduct of Consultant or any of Consultant's officers, employees, or agents
except as set forth in this _agreement. Consultant shall not at any time or in any manner
represent that Consultant or any of Consultant's officers, employees, or agents are in any manner
officials, officers, employees or agents of Cite.
(c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such
rights.
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Consultant represents and warrants that it has the qualifications, experience and facilities
necessary to properly perforin the services required under this _agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfiully, competently and to
the best of its ability, experience and talent, perforin all services described herein. In meeting its
obligations under this _agreement. Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this _agreement.
If and to the extent that Cite utilizes for any purpose not related to this _agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this _agreement. Consultant's guarantees and warranties
related to Standard of Performance shall not extend to such use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
_agreement. Consultant shall obtain any and all licenses, pennits and authorizations necessary to
perforin the services set forth in this _agreement. Neither Cite, nor any elected or appointed
boards, officers, officials, employees or agents of Cite, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
RIV #4333-6953-3330 V1 -4-
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of Cite and Consultant that California prevailing wage laws do not
apple to this _agreement because the _agreement does not involve any of the following services
subject to prevailing wage rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, or repair work
performed on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public fronds. In this contest. "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race,
color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or
marital status in connection with or related to the performance of this _agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Inmmigration and Nationality _pct. 8 U.S.C.A. §§ 1101, et sec., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
_agreement, and should the any liability or sanctions be imposed against Cite for such use of
unauthorized aliens. Consultant hereby agrees to and shall reimburse Cite for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its finm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of Cite or which would in any way hinder Consultant's performance of services under
this _agreement. Consultant further covenants that in the performance of this _agreement, no
person having any such interest shall be employed by it as an officer, employee, agent or
subcontractor without the express written consent of the Cite Manager. Consultant agrees to at
all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests
of Cite in the performance of this _agreement.
(b) Cite understands and acknowledges that Consultant is, as of the date of execution
of this _agreement, independently involved in the performance of non -related services for other
govenmmental agencies and private parties. Consultant is unaware of any stated position of Cite
relative to such projects. Any future position of Cite on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) Cite understands and acknowledges that Consultant will, perforin non -related
services for other governmental agencies and private parties following the completion of the
scope of work under this _agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
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SECTION 15. CONFIDENTIAL INFORnIATION; RELEASE OF INFORnIATION.
(a) All information gained or work product produced by Consultant in performance
of this _agreement shall be considered confidential, unless such information is in the public
domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than Cite without prior written
authorization from the Cite Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the Cite Manager or unless requested by the Cite _attorney of
Cite, voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this _agreement.
Response to a subpoena or court order shall not be considered 'voluntary" provided Consultant
gives Cite notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this _agreement, then Cite shall have
the right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attomeys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify Cite should Consultant , its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any parte regarding this _agreement and the work
performed thereunder. Cite retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate 6111.
with Cite and to provide Cite with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or
mean the right by Cite to control, direct, or rewrite said response.
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(a) Indemnification for Professional Liabilitv. Where the law establishes a
professional standard of care for Consultant's Services, to the fullest extent pennitted by law.
Consultant shall indemnify, protect, defend and bold hanmless Cite and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same
are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant,
its officers, agents, employees or sub -consultants (or any entity or individual that Consultant
shall bear the legal liability thereof) in the performance of professional services under this
_agreement.
(b) Indemnification for Other than Professional Liabilitv. Other than in the
performance of professional services and to the full extent penmitted by law. Consultant shall
indemnify, protect, defend and bold hanmless Cite, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attomeys fees and costs, court costs.
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interest, defense costs, and expert witness fees), where the same arise out of, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this _agreement by
Consultant or by any individual or entity for which Consultant is legally liable, including but not
limited to officers, agents, employees or sub -contractors of Consultant.
(c) General hndenmification Provisions. Consultant agrees to obtain executed
indemnity _agreements with provisions identical to those set forth here in this section from each
and every sub -contractor or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this _agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required here. Consultant agrees to be fully responsible
according to the teens of this section. Failure of Cite to monitor compliance with these
requirements imposes no additional obligations on Cite mud will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend Cite as set forth here is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this _agreement or
this section.
(d) Limitation of hndenmification. Notwithstanding any provision of this Section 16
[hndenmification] to the contrary, design professionals are required to defend and indemnify the
Cite only to the extent pennitted by Civil Code Section 2782.8, which limits the liability of a
design professional to claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the design professional. The term "design
professional." as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business
entities that offer such services in accordance with the applicable provisions of the California
Business and Professions Code.
(e) The provisions of this section do not apple to claims occurring as a result of
City's sole negligence. The provisions of this section shall not release Cite from liability arising
from gross negligence or willful acts or omissions of Cite or any and all of its officials,
employees and agents.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
_agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this
_agreement. All insurance policies shall be subject to approval by Cite as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the Cite
Manager. Consultant agrees to provide Cite with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this
_agreement. Cite has an interest in the qualifications of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under this _agreement. In
recognition of that interest. Consultant shall not assign or transfer this _agreement or any portion
of this _agreement or the performance of any of Consultant's duties or obligations under this
_agreement without the prior written consent of the Cite Council. Any attempted assignment
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shall be ineffective, mull and void, and shall constitute a material breach of this _agreement
entitling Cite to any and all remedies at law or in equity, including summan, termination of this
_agreement. Cite acknowledges, however, that Consultant, in the perforinannee of its duties
pursuant to this _agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make ever, reasonable effort to maintain the stability_ and continuity_ of
Consultant's staff and subcontractors, if any, assigned to perforin the services required under this
_agreement. Consultant shall notify Cite of any changes in Consultant's staff and subcontractors,
if any, assigned to perforin the services required under this _agreement, prior to and during any
such perforinannee.
SECTION 20. TERMINATION OF AGREEMENT.
(a) Cite may terininate this _agreement, with or without cause, at any time by giving
thirty (30) days written notice of terinination to Consultant. In the event such notice is given.
Consultant shall cease immediately all work in progress.
(b) Consultant may terininate this _agreement for cause at any time upon thirty (30)
days written notice of terinination to City.
(e) If either Consultant or Cite fail to perforin any material obligation under this
_agreement, then, in addition to any other remedies, either Consultant, or Cite may terininate this
_agreement immediately upon written notice.
(d) Upon terinination of this _agreement by either Consultant or Cite, all property
belonging exclusively to Cite which is in Consultant's possession shall be returned to Cite.
Consultant shall furnish to Cite a final invoice for work perforined and expenses incurred by
Consultant, prepared as set forth in Section 4 of this _agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this _agreement.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terns of this _agreement, the Cite shall
not have any obligation or duty to continue compensating Consultant for any work perforined
after the date of default. Instead, the Cite may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timefranne is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
Cite shall bold all invoices and shall, when the default is cured, proceed with paynnent on the
invoices. hi the alternative, the Cite may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
Cite may take necessary steps to terininate this _agreement under Section 20. Any failure on the
part of the Cite to give notice of the Consultant's default shall not be deemed to result in a
waiver of the City's legal rights or any rights arising out of any provision of this _agreement.
RIV #4333-6953-3330 V1 -8-
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused
by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal,
state or local govennnents, acts of Cite, court orders, fires, floods, epidemics, strikes, embargoes,
and unusually severe weather. The teen and price of this _agreement shall be equitable adjusted
for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to
Cite as public records, and which are necessary for earning out the work as outlined in the
Exhibit "A" "Scope of Services." shall be furnished to Consultant in every reasonable way to
facilitate, without undue delay, the work to be performed under this _agreement.
SECTION 24. NOTICES.
All notices required or pennitted to be given under this _agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To Cite: Cite of Temple Cite
Attn: Cite Manager
9701 Las Tunas Drive
Temple Cite, CA 91780
To Consultant: Lilley Planning Group
Attn: Jennifer Lilley
138 W. Anerige _venue
Fullerton. CA 92832
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States
Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this _agreement on behalf of Consultant represents and
warrants that he/she/thee bas/have the authority to so execute this _agreement and to bind
Consultant to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This _agreement shall be administered and executed by the Cite Manager or his or her
designated representative, following approval of this _agreement by the Cite Council. The Cite
RIV #4838-6958-3880 V1 -9-
Manager shall have the authority to issue interpretations and to make minor amendments to this
_agreement on behalf of the Cite so long as such actions do not materially change the _agreement
or make a commitment of additional fiends of the Cite. All other changes, modifications, and
amendments shall require the prior approval of the Cite Council.
SECTION 27. BINDING EFFECT.
This _agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 28. MODIFICATION OF AGREEMENT.
No amendment to or modification of this _agreement shall be valid unless made in writing
and approved by the Consultant and by the Cite Council. The parties agree that this requirement
for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any parte to this _agreement of any term, condition, or covenant of this
_agreement shall not constitute a waiver of any other teen, condition, or covenant. Waiver by
any parte of any breach of the provisions of this _agreement shall not constitute a waiver of any
other provision nor a waiver of any subsequent breach or violation of any provision of this
_agreement. _acceptance by Cite of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this _agreement.
SECTION 30. LAV TO GOVERN; VENUE.
This _agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this _agreement, the prevailing parte in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This _agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other _agreements or understandings, whether oral or written, or entered into
between Consultant and Cite prior to the execution of this _agreement. No statements,
representations or other _agreements, whether oral or written, made by any parte which are not
embodied herein shall be valid and binding. No amendment to this _-agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
RIV #4333-6953-3330 V1 - 10-
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this _agreement is declared or detennined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this _agreement shall not be affected thereby and the _agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have executed this _agreement on the date
and year first -above written.
ATTEST:
Peggy Kuo
City Clerk-
APPROVED
lerk
APPROVED AS TO FORM
By:
Eric S. Vail
City _attorney
C
Its:
C
CITY OF TEMPLE CITY
Its:
Jose Pulido, Cite Manager
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS
SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY.
RIV #4333-6953-3330 V1 - 11 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the witlun instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct
WITNESS my hand and official seal
Signature
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
RIV #4333-6953-3330 V1
DESCRIPTION OF ATTACBED DOCUMENT
TITLE OR TIDE OF DOCU LENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On
before me,
personally appeared
❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument
WITNESS my hand and official seal
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACBED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME
OF PERSON(S) OR ENTITY(IES))
RIV #4333-6953-3330 V1
TITLE OR TIDE OF DOCU LENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SER`"ICES
1. Consultant will perform the following Services:
A. Cite Council and Cite Manager Preparatory Meetings
B. Facilitate Public Workshops: including preparation and summary reports
C. Public Outreach: including preparation of flyers, notices, press releases and other
media.
D. Professional Services to complete Deliverables
11. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the Cite:
A. Public Engagement and Involvement Plan
B. SWOT _-\jialvsis/ Enviromnental Scan
C. Outreach Data (i.e., public input compiled) and Outreach Effort Plan (i.e., outreach
strategy)
D. Strategic Plan
E. Implementation Plan
III. During performance of the Services, Consultant will keep the Cite appraised of the
status of performance by delivering the following status reports:
A. Outreach Effort Plan Summar,
B. Meeting summaries
C. Monthly Progress Meetings
D. Draft Documents
E. Final Plans
IV. The tangible work products and status reports will be delivered to the Cite pursuant to
the following schedule:
RIV #4333-6953-3330 V1
A-1
A. Nine months from the date of commencement of the project. All tangible work
products and status reports to be completed and delivered to the Cite no later than
March 2014.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Jennifer A. Lilley, _ICP — Lead Facilitator
B. _dine McIntosh. _ICP — Project Manager
C. Marilyn Simpson. _ICP — Facilitator/Senior Staff Support
D. hristi Rojas — Facilitation/ Staff Support
VL Consultant will utilize the following subcontractors to accomplish the Services:
Mindmixer for on-line facilitation site hosting (i.e., cost for Mindmixer to be
included in the not the exceed cost of $40.000).
VII. AMENDMENT
The Scope of Services, including services, work products, and personnel, are
subject to change by mutual _agreement. In the absence of mutual _agreement regarding
the need to change any aspects of performance. Consultant shall comply with the Scope
of Services as indicated above.
RIV #4333-6953-3330 V1
A-2
EXHIBIT "B"
COMPENSATION
L Consultant shall use the following rates of pay in the performance of the Services:
A. Contract Manaeer 110.00
B. Proiect Manaeer 110.00
C. Sr. Facilitator 90.00
D. Facilitator 75.00
E. _admin. 40.00
IL Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate
for any subcontractor is not to exceed $5,000.00 total without written authorization from
the Cite manager or his designee.
III. The Cite will compensate Consultant for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of boars
worked, and the hourly rate.
B. Line items for all supplies properly charged to the Services.
C. Line items for all travel properly charged to the Services.
D. Line items for all equipment properly charged to the Services.
E. Line items for all materials properly charged to the Services.
F. Line items for all subcontractor labor, supplies, equipment, materials, and travel
properly charged to the Services.
IV. The total compensation for the Services shall not exceed $40,000, as provided in
Section 4 of this Agreement.
RIV #4333-6953-3330 V1
B-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance,
acceptable to the Cite Manager or Cite Counsel, in full force and effect throughout the teen of
this _agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than _:VII. Consultant shall provide the following scope and limits of
insurance:
1. Minimum Scone of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability
coverage (Occurrence Forn CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering _automobile Liability, including code 1 "any auto" and endorsement CA 0025, or
equivalent forms subject to the written approval of the Cite.
(3) Workers' Compensation insurance as required by the Labor Code
of State of California and Employer's Liability insurance and covering all persons providing
services on behalf of the Consultant and all risks to such persons under this _agreement.
(4) Professional liability insurance appropriate to the Consultant's
profession. This coverage may be written on a "claims made" basis, and must include coverage
for contractual liability. The professional liability insurance required by this _agreement must be
endorsed to be applicable to claims based upon, arising out of or related to services performed
under this _agreement. The insurance must be maintained for at least 3 consecutive years
following the completion of Consultant's services or the termination of this _agreement. During
this additional 3 -year period. Consultant shall anally and upon request of the Cite submit
written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Consultant shall maintain limits of
insurance no less than:
(1) General Liability: $1.000.000 general aggregate for bodily injure,
personal injure and property damage.
(2) _automobile Liability: $1.000.000 per accident for bodily injure
and property damage. A combined single limit police with aggregate limits in an amount of not
less than $2.000.000 shall be considered equivalent to the said required minimum limits set forth
above.
RIV #4838-6958-3880 V1
C-1
(3) Workers' Compensation and Employer's Liability: Workers'
Compensation as required by the Labor Code of the State of California and Employers Liability
limits of not less than $1.000.000 per accident.
(4) Professional Liability: $1.000.000 per occurrence.
B. Other Provisions. Insurance policies required by this _agreement shall contain the
following provisions:
1. All Policies. Each insurance police required by this _agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
parte to this _agreement, reduced in coverage or in limits except after 30 days' prior written
notice by Certified mail, return receipt requested, has been given to Cite.
2. General Liabilitv and _automobile Liabilitv Coveraaes.
(1) Cite, and its respective elected and appointed officers, officials,
and employees and volunteers are to be covered as additional insureds as respects: liability
arising out of activities Consultant performs: products and completed operations of Consultant:
premises owned, occupied or used by Consultant : or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to Cite, and their respective elected and appointed officers, officials, or
employees.
(2) Consultant's insurance coverage shall be primary insurance with
respect to Cite, and its respective elected and appointed, its officers, officials, employees and
volunteers. _-\ny insurance or self insurance maintained by Cite, and its respective elected and
appointed officers, officials, employees or volunteers, shall apple in excess of, and not contribute
with. Consultant's insurance.
(3) Consultant's insurance shall apple separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(4) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to Cite, and its
respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Emnlover's Liabilitv Coveraae. Unless the
Cite Manager otherwise agrees in writing, the insurer shall agree to waive all rights of
subrogation against Cite, and its respective elected and appointed officers, officials, employees
and agents for losses arising from work performed by Consultant.
C. Other Reauirements. Consultant agrees to deposit with Cite, at or before the
effective date of this contract, certificates of insurance necessary to satisfv Citv that the
RIV #4333-6953-3330 V1
C-2
insurance provisions of this contract have been complied with. The Cite _attorney may require
that Consultant furnish Cite with copies of original endorsements effecting coverage required by
this Section. The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. Cite reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
1. Consultant shall furnish certificates and endorsements from each
subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by Cite. At the option of Cite, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects Cite or its respective elected or appointed
officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required police or policies of insurance shall not be
construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions
and requirements of this _agreement.
RIV #4333-6953-3330 V1
C-3
Attachment "B"
.aIWKS] raLTA l:j11*61k CA
REQUEST FOR PROPOSALS (RFP)
FOR
LOCAL GOVERNMENT STRATEGIC PLANNING
CONSULTANT
Due: MONDAY, March 11, 2013 no later than 12:00 p.m.
CITY OF TEMPLE CITY
NOTICE INVITING REQUEST FOR PROPOSALS (RFP)
FOR
LOCAL GOVERNMENT STRATEGIC PLANNING CONSULTANT
NOTICE IS HEREBY GIVEN that the City of Temple City is seeking technical assistance from a qualified
consultant to create a City Strategic Plan. The Service Proposal (Qualification Statement) and Fee
Proposal must be submitted to the City Clerk's Office in City Hall, 9701 Las Tunas Drive, Temple City, CA
91780, no later than 12:00 p.m. on Monday, March 11, 2013. Attention: Jose Pulido, City Manager.
POSTMARKS WILL NOT BE ACCEPTED.
DESCRIPTION OF WORK: Provide all services as outlined in the "Local Government Strategic Plan" RFP
package.
RFP TIMELINE:
Issue RFP
Deadline for Questions Submitted in Writing
Response to Written Questions
Deadline for Submittal
Proposal Review and Evaluation
Interviews with selected firms
City Council Approval
IaWITS! &Cy:19j1.41091il6y:1-114911.1Ji11I/e1169
Temple City - City Hall
City Clerk's Office
9701 Las Tunas Drive
Temple City, CA 91780
(626)285-2171
February 6, 2013
February 25, 2013
March 4, 2013
March 11, 2013, 12:00 P.M.
March 11-15, 2013
March 18 — 22, 2013
April 2 or 16, 2013
The RFP can be obtained at the City Clerk's Office, 9701 Las Tunas Drive, Temple City or can be reviewed
and printed from the Temple City website at www.temDlecitv.us.
The City of Temple City hereby notifies all bidders that it will affirmatively insure that in any given
agreement entered into pursuant to this advertisement, Disadvantaged Business and Women's Business
Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, creed, color, or national origin in consideration for an
award.
Page 2 of 12
REQUEST FOR PROPOSALS (RFP) FOR
LOCAL GOVERNMENT STRATEGIC
PLANNING CONSULTANT
Table of Contents
SECTION I.
GENERAL STATEMENT.......................................................................................................4
SECTION 2.
PURPOSE.................................................................................................................................4
SECTION 3.
PROJECT DESCRIPTION......................................................................................................5
SECTION 4.
BUDGET.............................................................................................................................5
SECTION 5.
PROJECT SCHEDULE...........................................................................................................5
SECTION 6.
CONSULTANT'S QUALIFICATIONS.....................................................................................6
SECTION 7.
INSURANCE AND INDEMNIFICATION................................................................................6
SECTION 8.
STANDARD AGREEMENT...................................................................................................6
SECTION 9.
ELIGIBILITY.........................................................................................................................6
SECTION 10.
SCOPE OF SERVICES...........................................................................................................6
SECTION 11.
SUBMISSION OF PROPOSALS.............................................................................................7
SECTION 12.
SERVICE PROPOSAL: CONTENT & ORGANIZATION............................................................8
SECTION 13.
FEE PROPOSAL: CONTENT & ORGANIZATION.................................................................10
SECTION 14.
SELECTION PROCEDURE..................................................................................................11
SECTION 15.
REQUEST FOR ADDITIONAL INFORMATION....................................................................11
SECTION 16.
SCHEDULE OF EVENTS.....................................................................................................12
ATTACHMENT A
- SAMPLE STANDARD AGREEMENT...................................................................................13
Page 3 of 12
SECTION 1. GENERAL STATEMENT
The City of Temple City is centrally located in the west San Gabriel Valley approximately five miles
southeast of Pasadena and 13 miles east of downtown Los Angeles. The City is approximately 3.85
square miles and is surrounded by the cities of Arcadia, San Gabriel, EI Monte, Rosemead, and
unincorporated portions of Los Angeles County. The most recent California Department of Finance and
Housing estimate indicates a total population of 34,700. Temple City is predominantly a residential
community with over 10,000 residential parcels.
The City is organized as a Council -Manager form of local municipal government. The City Council
consists of five members elected at large for four-year, overlapping terms. The City Council selects the
Mayor for a one-year term from among its members. The Mayor and City Council provide community
leadership, develop policies to guide the City in delivering services and achieving community goals, and
encourage citizen understanding and engagement.
The City Manager is appointed by the City Council and is responsible for administration of municipal
affairs. All municipal departments operate under the supervision of the City Manager. Through the City
Manager, City staff uses the resources appropriated by the Council in the budget to achieve desired
service results in the community, and carries out the policies of the Council. The City Council also
appoints the City Attorney to advise them and City staff on legal affairs, to see that all laws are
effectively enforced and, when necessary, to defend the City in litigation.
The City provides recreation; economic development; building, planning and zoning; public
improvements; and general administrative services. Temple City contracts police services to the Los
Angeles County Sheriffs Department. Residents and businesses receive fire services from the Los
Angeles County Fire Department. Residents are provided water by various water companies including:
Sunnyslope, East Pasadena, California American, and Golden State water companies; and San Gabriel
Water District. Sewer, some street lights, and road maintenance services are provided by Los Angeles
County Department of Public Works. Garbage, recycling, and green waste collection services are
provided by Athens Services Inc.; and both AT&T and Charter Communications provide cable TV,
internet, and telecommunication services.
More information about the City is available on our website at htto://www.temDlecitv.us/.
SECTION 2. PURPOSE
The City of Temple City wishes to develop and implement a strategic plan that will articulate a clear
vision of its future that is integrated with an organizational philosophy and guide elected officials' and
employees' actions for its successful implementation. The plan will include benchmarks or milestones
that measure the City's progress toward achieving its strategic goals and objectives.
The process of developing the City's strategic plan will include an in-depth examination of the City's
core mission and a resetting of its vision and goals so as to be both responsive and adaptive to current
and anticipated changes in the economic environment (i.e., new economic normal).
The City Council meets early each calendar year to identify its goals for the upcoming fiscal year. The
goals identified help dictate the budget priorities and objectives included in the annual operating
budget. Over the past few years, these goals have focused on tackling a backlog of unmet
infrastructure needs, ensuring financial sustainability, providing public safety, improving environmental
Page 4 of 12
stewardship, and fostering improvement in community engagement.
As a result, during that time the City has worked diligently toward meeting these goals and has
accomplished some successes. The most visible of these are Temple City's major capital improvement
projects, including: the Rosemead Boulevard Safety Enhancement and Beautification Project; Las Tunas
Drive Beautification and Safety Enhancement Project; Gateway Project; Bicycle Master Plan; and
Comprehensive Downtown Parking Strategic Plan; Traffic Calming Master Plan; and the Parks and Open
Master Plan.
The City is in excellent financial standing and has expanded its multi-lingual public information and
community outreach efforts, owing to its commitment to improved communication, reporting and
transparency. These endeavors resulted in resident support of two major capital improvement
projects, three master plans, and much needed amendments to the City's Municipal Code,
demonstrating a renewed feeling of trust in our local government. Temple City has also become a
regional leader in environmental stewardship, embarking on a Climate Action Plan; winning several
grant opportunities; and recognition in community preservation (2012 California Association of Code
Enforcement Officers [CACEO] Innovative Program Award) and community outreach through the City's
Connect Magazine (2012 City -County Communications and Marketing Association [3CMA] Award of
Excellence).
The intent of this Request for Proposals (RFP) is to establish the City's high expectations by clearly
articulating the specifications, terms and conditions governing the selection of a highly qualified
professional consulting firm that has completed similar Strategic Plans in other cities with similar
demographics found in Temple City. All submittals must be formatted as specified in this RFP, and
shall take into consideration all other information included in the Appendices.
Submittals that do not include all of the elements as specified, or that deviate from the proposed
format and content as specified, may be deemed "non-responsive" by the evaluation committee
and eliminated from further consideration.
SECTION 3. PROJECT DESCRIPTION
Temple City is interested in having a Strategic Plan completed proactively and transparently with
community participation. The process should allow for both active and passive involvement ensuring
diverse and extensive multi-lingual community participation.
SECTION 4. BUDGET
The City Council appropriated $40,000 for strategic planning services.
SECTION 5. PROJECT SCHEDULE
The chosen local government strategic planning consultant will begin preparatory meetings with the
City Manager and City Council immediately in May 2013 and continue for six to nine months.
However, the City reserves the right to change the project schedule as necessary in order to
accommodate the City's upcoming budget adoption in June 2013.
Page 5 of 12
SECTION 6. CONSULTANT'S QUALIFICATIONS
The City will only give serious consideration to those applicants who have clearly demonstrated
successful past experience with similar cities. The local government strategic planning consultant will
be selected based on their professional qualifications and demonstration of successful experience with
similar projects in other cities with similar demographics found in Temple City.
In addition, the City will review the selected strategic planning consultant firm's ability to meet
schedules, coordinate effectively with City staff, work effectively with key groups (e.g., City Council,
commissions, residents, etc.), and work within budget limitations. The selection criteria are further
described in Section 14.
The City of Temple City is an Equal Opportunity Employer. The successful strategic planning
consultant firm shall comply with all applicable laws.
SECTION 7. INSURANCE AND INDEMNIFICATION
Proposers shall be required to comply with the indemnification provisions contained in the Standard
Agreement. Successful proposer shall procure, maintain, and provide the City with proof of insurance
coverage for all the programs of insurance along with associated amounts specified in Section 16
"Indemnification" and Section 17 "Insurance' in the Standard Agreement (see Attachment "A").
SECTION 8. STANDARD AGREEMENT
The exact scope of services required by the City will be set forth in the Standard Agreement
between Temple City and the successful firm; a sample copy of the City's Standard Agreement has
been attached to this RFP for your prompt review and reference (see Attachment "A"). Please identify
in writing any exceptions to or deviations from, the City's provided Standard Agreement. The City of
Temple City reserves the right to modify the agreement language at any time prior to award of the
agreement by the City Council.
SECTION 9. ELIGIBILITY
A strategic planning consultant firm may associate with other firms by sub -consultant agreement for
the successful completion of this project with the City's approval. The strategic planning consultant
firm and sub -consultants must be licensed to practice in their respective fields of specialization by the
State of California. Joint- venture teams will be considered by the City.
SECTION 10. SCOPE OF SERVICES
The City of Temple City is seeking qualified local government strategic planning consultants. The
successful firm will work directly with the City's representatives and/or other consultants in the
fulfillment of these duties as described in this request.
Our Strategic Plan should be a "living document" and should undergo periodic review and adjustment to
reflect progress towards achievement of goals and/or modifications of goals. The Temple City Strategic
Planning process and final document should provide a work plan for the next five years and a vision for
the 10 and 20 year horizons.
Page 6 of 12
TASKS
• Preparatory meetings with City Council and City Manager.
• Encourage engagement and spark the interest and excitement of active/passive residents;
business and property owners; city officials/ administration and staff; and others in the future
potential of the City.
Develop and initiate a public involvement program and proposed methodology for
outreach.
• Provide a process that allows general alignment and focus of the City Council, City Management,
and staff in addition to citizens, business interests, community groups, etc. to foster a sense of
cohesion as to the City's strategic direction.
Facilitate strategic planning workshops with key groups (e.g., City Council, City Staff,
Chamber of Commerce, Commissions, etc.).
• Help the City of Temple City decide what it "wants to be' in the future, including identification of
what makes Temple City unique and special, and how the City can position itself to be prepared
for the future while still retaining those qualities.
• Serve as a way to organize and prioritize City initiatives and resources to achieve specific goals
within a defined period of time (e.g., five year timeframe in the short term, and 10 to 20 year
timeframe in the long term) with specific performance measures.
• Transform the conceptual goals of the visioning process into realistic, achievable targets.
• Serve as a framework for development of a new/updated General Plan.
• Generate new ideas and discussion about the built environment, economic development,
environmental and fiscal sustainability, sense of place, and the City's overall identity.
• Chart an effective, considered, and innovative course of action for the City's future, setting
priorities and maximizing innovative opportunities.
• Team building and executive coaching/mentoring.
111 aIIWF1q:79:1141
SWOT Analysis and Environmental Scan
Outreach data and Template Material for Community Outreach
Final Reports to include:
Strategic Plan (vision, mission, values, goals, and strategies)
Short term —five year
Intermediate term — six to 10 year
Long term —10 to 20 year
Implementation Plan (blueprint for Strategic Plan)
Key tasks
Timeline
Resources needed and currently available
Staff assigned
Milestones and success measures
In addition, the selected consultant will be expected to utilize all City plans including the upcoming
General Plan Update; Parks and Open Space Master Plan; Energy Efficient Climate Action Plan, Bicycle
Master Plan; Comprehensive Parking Strategic Plan; and Traffic Calming Master Plan, in order to link all
major projects into a comprehensive City Strategic Plan.
SECTION 11. SUBMISSION OF PROPOSALS
All proposal submittals must conform to the prescribed format described in this Section, Section 12
(Service Proposal) and Section 13 (Fee Proposal). Any submittal that deviates from this format may be
rejected without review at the City's sole discretion. All costs for proposal preparation or subsequent
interview preparation shall be at the expense of the proposer and shall not be included in the fee
proposal.
Page 7 of 12
Services Proposal
Firms wishing to respond to this request must supply the information requested in this RFP by the
date and time required. All submittals shall be in an 8 %: x 11" format. Foldout 11 x 17" pages may be
used to exhibit projects. All submittals must have an executive summary, numbered pages and a table
of contents.
The document shall be typed and shall not exceed 30 pages of written material, with minimum 10 -
point font. Double -sided pages will count as two pages. The 30 page limitation includes any
written, photographic or graphic material contained in the body of the proposal and any appendices.
The limitation does not include the cover, cover letter, table of contents or index, and blank tab pages.
Proposers should not include unnecessary elaborate or promotional material. Number each page,
beginning with the first page of the Executive Summary.
Fee Proposal
The fee proposal submittal must have a cover letter on the prime's letterhead, reference this
project; and include the names of all firm team members. The submittal should be in an 8 %: x
11" format, although 11 x 17" foldout pages may be used. There is no page limitation to the fee
proposal. The fee proposal shall be submitted in a sealed envelope. Clearly label the sealed
envelope with firm name and "Fee Proposal —Temple City Strategic Planning."
Submit the original and five additional copies of your Service Proposal along with your Fee Proposal
placed in a separate sealed envelope. All documents shall be submitted in one container or package
to:
City of Temple City
Attn: Jose Pulido, City Manager
RE: Local Government Strategic Planning
9701 Las Tunas Dive
Temple City, CA 91780
SECTION 12. SERVICE PROPOSAL: CONTENT & ORGANIZATION
All proposals must be submitted in the prescribed format and must address all of the following in the
order shown. Any proposal that deviates from this format may be rejected without review at the
City's sole discretion.
Cover Letter
The Cover Letter shall be addressed to Jose Pulido, City Manager, and shall include the legal name of
the company, corporate address telephone and fax numbers. Include name, title, address, and
telephone number of the contact person identified. Acknowledge receipt of all addenda, if any.
Include a statement to the effect that the proposal shall remain valid for a period of not less than 90
days from the date of the submittal. Include a signed statement, by an officer of the firm with
authority to bind the firm in event of an agreement, attesting that all information submitted with the
proposal is true and correct.
Page 8 of 12
Table of Contents
Include a table of contents in your proposal. Tabs or a divider between each section is encouraged.
A. Executive Summary
Provide a summary of the significant information contained in the proposal. Highlight and summarize
your qualifications and strengths that will single out your firm as the best firm to accomplish this
project.
B. Understanding of and Approach to the Project
I. Provide a summary of your approach to the project.
II. Discuss your understanding and approach to the challenges of this project.
III. List the required information expected from the City by major task.
IV. Indicate participation the firm will require from the City staff and consultants.
V. Describe your approach to working effectively with Ad-hoc committees. Attendance in
community engagement presentations will be required.
VI. Describe your approach to effective interaction with community groups.
C. Process
I. Provide an outline of quality control and procedures to coordinate the collection of
public input.
II. Describe your approach to formatting City Council and City staff workshops.
III. Provide a statement as to how you will manage the flow of information between
members of the team: the City Council, City Manager, businesses, and the public.
D. Experience on Similar Projects
I. Provide a list and description of similar projects completed within the last five years of
similar scope and complexity. Include the following information:
a. Project Name and Location;
b. Brief project description;
c. Total project budget;
d. Project duration;
e. Names of firms of the team members; and
f. References for each cited project.
II. Provide a list and description of current projects
E. Experiences in Controlling Project Cost/Design Schedule
I. Provide a statement of the firm's philosophy with respect to cost and budget control
during the process, demonstrating experience and ability to remain within a given budget.
II. Provide a statement of the firm's philosophy with respect to schedule control. Describe
your approach to meeting the schedule for this process
III. For the projects completed in the last five years listed for item D above, provide for this
section the following information:
a. The date the contract was awarded;
b. The schedule for the complete process;
c. List the completed deliverables;
d. Budget established; and
I. Process start and completion dates.
F. Proposed Organization and Staffing
Page 9 of 12
I. Identification of Firm: State the year the firm was established. Include a brief
description of the organization, its constituent parts and size variation in the last five years.
II. Provide a description of the organizational structure and staffing to be used for the
project. Include an organizational chart. Also provide the following:
a. The resume of the lead to be assigned to the project;
b. Name of the consulting firms, the lead of the consulting firms to be assigned to this
project, their resume, and a list of projects he/she completed within the last three
years; and
c. The resumes of the balance of the consulting team.
III. For the lead individuals indicate an estimate by name of the percentage of that person's
time that will be devoted to the process.
IV. Separately describe the experience and background qualifications of the members of the
project team functioning together on similar projects.
V. Current Projects: Provide a summary of all projects for which your firm is currently
providing services. What is the total estimated construction value of projects currently
under contract? Identify the clients with whom there have been repeated associations.
G. Financial Standing
I. Provide a current annual report or audited profit and loss statement. This information
must be provided under a separate cover —stamped confidential.
II. Amounts and carriers of both general and professional liability insurance.
H Exceptions to Standard Agreement
I. List exceptions, if any, to the Standard Agreement.
SECTION 13. FEE PROPOSAL: CONTENT & ORGANIZATION
The fee proposal must have a cover letter on the prime consultant's letterhead, which references this
project and includes the firm names of all team members. The fee schedule shall include the number
of personnel hours, subconsultants, and other direct costs listed by type of work (e.g., workshop
facilitation, deliverables, etc.). Indicate reimbursable expenses. Include hourly fee schedules for the
prime and each subconsultant and include a "Not -to -Exceed" or a "Lump Sum" total project fee.
In addition, include a summary of your total costs in a table as follows:
I Description
Amount
Percentage of Fee
li a. Preparatory Meetings
$XX,XXX
b. Workshops
$XX,XXX
C. Public Outreach
$XX,XXX
d. Delieverables
$XX,XXX
Page 10 of 12
SECTION 14. SELECTION PROCEDURE
A review committee will evaluate all responses to this RFP that meet the submittal requirements. Local
government strategic planning consulting firms will be selected based on professional
qualifications and demonstrated competence, according to the responses to information required in
the RFP, as follows:
• Evaluation of Approach (30 points)
• Firms Past Experience on Projects of Similar Size and Scope (35 points)
• Proposed Organizational Structure and Key Staff (30 points)
• Completeness of proposal and adherence to requirements (5 points)
Proposals will be evaluated and ranked. The selection panel will select a minimum of three firms that
best meet the requirements of the City of Temple City. The fee proposals will not be used in
establishing the ranking.
A single set of interviews will be held to select a local government strategic planning consulting firm.
Finalists will be interviewed by a selection panel. Approximately 35 minutes will be allowed for
presentation and 25 minutes for questions by the selection panel. All principal team members must
participate in the interview. Your proposed Project Manager must lead the presentation. Firms
selected for interviews should emphasize their approach to linking various Master Plans into strategic
planning (as opposed to reiterating qualifications or discussing generic issues that might apply to any
project).
Fee negotiations will commence with the top ranked firm as determined after the interviews. If a fee
cannot be agreed upon, or if negotiations are not complete at the end of five working days,
negotiations with the first firm will cease and will commence with the second firm, etc.
SECTION 15. REQUEST FOR ADDITIONAL INFORMATION
Firms may submit written questions regarding this RFP in person or by e-mail. Unwritten questions will
not be answered. All questions must be received by the date and time given in Section 16.
When submitting questions, please specify the section number, paragraph number, and page number and
quote the language that prompted the question. This will ensure that the questions can be quickly found.
The City reserves the right to group similar questions when providing answers. The City will not identify
the source of any question. The City will issue an Addendum to the RFP that compiles and answers all
questions.
Questions should be made in writing and addressed to:
City of Temple City
Jose Pulido, City Manager
Local Government Strategic Planning Consultant
9701 Las Tunas Dive
Temple City, CA 91780
E-mail: jpulido@templecity.us
Please do not direct any questions or concerns to any other individual or City agency. Violation of this policy
will be considered grounds for disqualification. Questions received after the deadline will not be considered.
Page 11 of 12
SECTION 16. SCHEDULE OF EVENTS
Issue RFP
Deadline for Questions Submitted in Writing
Response to Written Questions
Deadline for Submittal
Proposal Review and Evaluation
Interviews with Selected Firms
City Council Agreement Approval
February 6, 2013
February 25, 2013
March 4, 2013
March 11, 12:00 p.m.
March 11- 15, 2013
March 18 — 22, 2013
April 2 or 16, 2013
Page 12 of 12
ATTACHMENT "A"
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
RIV #4333-6953-3330 V1
-1-
AGREEMENT FOR CONSULTANT SER`"ICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
This _agreement for Consultant Services ("_agreement") is entered into as of this
day of 2010 by and between the Cite of TEMPLE CITY, a municipal corporation
("City') and , a ("Consultant"). Cite and
Consultant are sometimes hereinafter individually_ referred to as "Party" and hereinafter
collectively referred to as the "Parties."
RECITALS
A. Cite has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Section 2 of this _-agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Section 2 of this _-agreement, was selected by the
Cite to perform those services.
C. Pursuant to the Cite of Temple City's Municipal Code. Cite has authority to enter
into this Consultant Services _-agreement and the Cite Manager has authority to execute this
_-agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Section 2 of this _-agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW. THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of _-agreement" of this _-agreement,
the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to
the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this _-agreement pursuant to
Section 21 of this _-agreement. The Cite, in its sole discretion, may choose not to enforce the
Default provisions of this _-agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
RIV #4333-6953-3330 V1 - 1 -
SECTION 2. SCOPE OF SER`"ICES.
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services"
and made a part of this _agreement.
SECTION 3. ADDITIONAL SER`"ICES.
Consultant shall not be compensated for any services rendered in connection with its
performance of this _agreement which are in addition to or outside of those set forth in this
_agreement or listed in Exhibit "A" "Scope of Services." unless such additional services are
authorized in advance and in writing by the Cite Council or Cite Manager of Cite. Consultant
shall be compensated for any such additional services in the amounts and in the manner agreed to
by the Cite Council or Cite Manager.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this _agreement. Cite agrees to pay
Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this
_agreement. The total compensation, including reimbursement for actual expenses, shall not
exceed dollars ($ ), unless additional
compensation is approved in writing by the Cite Council or Cite Manager.
(b) Each month Consultant shall furnish to Cite an original invoice for all work
performed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: labor (by sub-categon'), travel, materials, equipment, supplies, and
sub -consultant contracts. Sub -consultant charges shall be detailed by the following categories:
labor, travel, materials, equipment and supplies. Cite shall independently review each invoice
submitted by the Consultant to determine whether the work performed and expenses incurred are
in compliance with the provisions of this _agreement. hi the event that no charges or expenses
are disputed, the invoice shall be approved and paid according to the terms set forth in subsection
(c). In the event any charges or expenses are disputed by Cite, the original invoice shall be
returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by Cite. Cite will use its best efforts to cause Consultant to be paid within
forte -five (45) days of receipt of Consultant's correct and undisputed invoice.
(d) Paynnent to Consultant for work performed pursuant to this _agreement shall not
be deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
Cite may inspect and accept or reject any of Consultant's work under this _agreement,
either during performance or when completed. Cite shall reject or finally accept Consultant's
work within sixty (60) days after submitted to Cite. Cite shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. _acceptance of any of Consultant's work by Cite shall
RIV #4333-6953-3330 V1 - 2 -
not constitute a waiver of any of the provisions of this _agreement including, but not limited to.
sections 16 and 17, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any services pursuant to this _agreement shall become the
sole property of Cite and may be used, reused or otherwise disposed of by Cite without the
pennission of the Consultant. Upon completion, expiration or tennination of this _agreement.
Consultant shall turn over to Cite all such original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that Cite utilizes for any purpose not related to this _agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this _agreement. Consultant's guarantees and warrants related
to Standard of Performance and found in Section 9 of this _agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION 7. CONSULTANT'S BOOBS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant to this _agreement. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to Cite pursuant to this _agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to pennit an accurate evaluation of the services provided by
Consultant pursuant to this _agreement. Any and all such documents or records shall be
maintained for three years from the date of execution of this _agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by Cite or its designated representative. Copies of such documents
or records shall be provided directly to the Cite for inspection, audit and copying when it is
practical to do so: otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Consultant's address indicated for receipt of notices in this
_agreement.
(c) Where Cite has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or tennination
of Consultant's business. Cite may, by written request, require that custody of such documents or
records be given to the Cite and that such documents and records be maintained by the
requesting parte. _access to such documents and records shall be granted to Cite, as well as to its
successors -in -interest and authorized representatives.
RIV #4333-6953-3330 V1 - 3 -
SECTION 8. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of Cite. Consultant shall have no authority to bind Cite in any
manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Cite,
whether by contract or otherwise, unless such authority is expressly conferred under this
_AGREEMENT or is otherwise expressly conferred in writing by Cite.
(b) The personnel performing the services under this _agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City,
nor any elected or appointed boards, officers, officials, employees or agents of Cite, shall have
control over the conduct of Consultant or any of Consultant's officers, employees, or agents
except as set forth in this _agreement. Consultant shall not at any time or in any manner
represent that Consultant or any of Consultant's officers, employees, or agents are in any manner
officials, officers, employees or agents of Cite.
(c) Neither Consultant , nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such
rights.
s1DIN Y161 L]� K10Ik11III IZI]0WDIN0161N►IR11►[flD!
Consultant represents and warrants that it has the qualifications, experience and facilities
necessary to properly perforin the services required under this _agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfiully, competently and to
the best of its ability, experience and talent, perforin all services described herein. In meeting its
obligations under this _agreement. Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this _agreement.
If and to the extent that Cite utilizes for any purpose not related to this _agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this _agreement. Consultant's guarantees and warranties
related to Standard of Performance shall not extend to such use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
_agreement. Consultant shall obtain any and all licenses, pennits and authorizations necessary to
perforin the services set forth in this _agreement. Neither Cite, nor any elected or appointed
boards, officers, officials, employees or agents of Cite, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
RIV #4333-6953-3330 V1 -4-
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of Cite and Consultant that California prevailing wage laws do not
apple to this _agreement because the _agreement does not involve any of the following services
subject to prevailing wage rates pursuant to the California Labor Code or regulations
promulgated thereunder: Construction, alteration, demolition, installation, or repair work
performed on public buildings, facilities, streets or sewers done under contract and paid for in
whole or in part out of public fronds. In this contest. "construction" includes work performed
during the design and preconstruction phases of construction including, but not limited to,
inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race,
color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or
marital status in connection with or related to the performance of this _agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Inmmigration and Nationality _pct. 8 U.S.C.A. §§ 1101, et sec., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
_agreement, and should the any liability or sanctions be imposed against Cite for such use of
unauthorized aliens. Consultant hereby agrees to and shall reimburse Cite for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its finm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of Cite or which would in any way hinder Consultant's performance of services under
this _agreement. Consultant further covenants that in the performance of this _agreement, no
person having any such interest shall be employed by it as an officer, employee, agent or
subcontractor without the express written consent of the Cite Manager. Consultant agrees to at
all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests
of Cite in the performance of this _agreement.
(b) Cite understands and acknowledges that Consultant is, as of the date of execution
of this _agreement, independently involved in the performance of non -related services for other
govenmmental agencies and private parties. Consultant is unaware of any stated position of Cite
relative to such projects. Any future position of Cite on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) Cite understands and acknowledges that Consultant will, perforin non -related
services for other governmental agencies and private parties following the completion of the
scope of work under this _agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
RIV #4838-6958-3880 V1 - 5 -
SECTION 15. CONFIDENTIAL INFORnIATION; RELEASE OF INFORnIATION.
(a) All information gained or work product produced by Consultant in performance
of this _agreement shall be considered confidential, unless such information is in the public
domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than Cite without prior written
authorization from the Cite Manager, except as may be required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the Cite Manager or unless requested by the Cite _attorney of
Cite, voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this _agreement.
Response to a subpoena or court order shall not be considered 'voluntary" provided Consultant
gives Cite notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this _agreement, then Cite shall have
the right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attomeys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify Cite should Consultant , its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any parte regarding this _agreement and the work
performed thereunder. Cite retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate 6111.
with Cite and to provide Cite with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or
mean the right by Cite to control, direct, or rewrite said response.
syKeYc6].frl�1011BILI IUIMCOLMYMLIP
(a) Indemnification for Professional Liabilitv. Where the law establishes a
professional standard of care for Consultant's Services, to the fullest extent pennitted by law.
Consultant shall indemnify, protect, defend and bold hanmless Cite and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same
are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant,
its officers, agents, employees or sub -consultants (or any entity or individual that Consultant
shall bear the legal liability thereof) in the performance of professional services under this
_agreement.
(b) Indemnification for Other than Professional Liabilitv. Other than in the
performance of professional services and to the full extent penmitted by law. Consultant shall
indemnify, protect, defend and bold hanmless Cite, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attomeys fees and costs, court costs.
RIV #4333-6953-3330 V1 - 6 -
interest, defense costs, and expert witness fees), where the same arise out of, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this _agreement by
Consultant or by any individual or entity for which Consultant is legally liable, including but not
limited to officers, agents, employees or sub -contractors of Consultant.
(c) General hndenmification Provisions. Consultant agrees to obtain executed
indemnity _agreements with provisions identical to those set forth here in this section from each
and every sub -contractor or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this _agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required here. Consultant agrees to be fully responsible
according to the teens of this section. Failure of Cite to monitor compliance with these
requirements imposes no additional obligations on Cite mud will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend Cite as set forth here is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this _agreement or
this section.
(d) Limitation of hndenmification. Notwithstanding any provision of this Section 16
[hndenmification] to the contrary, design professionals are required to defend and indemnify the
Cite only to the extent pennitted by Civil Code Section 2782.8, which limits the liability of a
design professional to claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the design professional. The term "design
professional." as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business
entities that offer such services in accordance with the applicable provisions of the California
Business and Professions Code.
(e) The provisions of this section do not apple to claims occurring as a result of
City's sole negligence. The provisions of this section shall not release Cite from liability arising
from gross negligence or willful acts or omissions of Cite or any and all of its officials,
employees and agents.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
_agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this
_agreement. All insurance policies shall be subject to approval by Cite as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the Cite
Manager. Consultant agrees to provide Cite with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this
_agreement. Cite has an interest in the qualifications of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under this _agreement. In
recognition of that interest. Consultant shall not assign or transfer this _agreement or any portion
of this _agreement or the performance of any of Consultant's duties or obligations under this
_agreement without the prior written consent of the Cite Council. Any attempted assignment
RIV #4838-6958-3880 V1 - '7 -
shall be ineffective, mull and void, and shall constitute a material breach of this _agreement
entitling Cite to any and all remedies at law or in equity, including summan, termination of this
_agreement. Cite acknowledges, however, that Consultant, in the perforinannee of its duties
pursuant to this _agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make ever, reasonable effort to maintain the stability_ and continuity_ of
Consultant's staff and subcontractors, if any, assigned to perforin the services required under this
_agreement. Consultant shall notify Cite of any changes in Consultant's staff and subcontractors,
if any, assigned to perforin the services required under this _agreement, prior to and during any
such perforinannee.
SECTION 20. TERMINATION OF AGREEMENT.
(a) Cite may terininate this _agreement, with or without cause, at any time by giving
thirty (30) days written notice of terinination to Consultant. In the event such notice is given.
Consultant shall cease immediately all work in progress.
(b) Consultant may terininate this _agreement for cause at any time upon thirty (30)
days written notice of terinination to City.
(e) If either Consultant or Cite fail to perforin any material obligation under this
_agreement, then, in addition to any other remedies, either Consultant, or Cite may terininate this
_agreement immediately upon written notice.
(d) Upon terinination of this _agreement by either Consultant or Cite, all property
belonging exclusively to Cite which is in Consultant's possession shall be returned to Cite.
Consultant shall furnish to Cite a final invoice for work perforined and expenses incurred by
Consultant, prepared as set forth in Section 4 of this _agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this _agreement.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terns of this _agreement, the Cite shall
not have any obligation or duty to continue compensating Consultant for any work perforined
after the date of default. Instead, the Cite may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timefranne is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
Cite shall bold all invoices and shall, when the default is cured, proceed with paynnent on the
invoices. hi the alternative, the Cite may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
Cite may take necessary steps to terininate this _agreement under Section 20. Any failure on the
part of the Cite to give notice of the Consultant's default shall not be deemed to result in a
waiver of the City's legal rights or any rights arising out of any provision of this _agreement.
RIV #4333-6953-3330 V1 -8-
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused
by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal,
state or local govennnents, acts of Cite, court orders, fires, floods, epidemics, strikes, embargoes,
and unusually severe weather. The teen and price of this _agreement shall be equitable adjusted
for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to
Cite as public records, and which are necessary for earning out the work as outlined in the
Exhibit "A" "Scope of Services." shall be furnished to Consultant in every reasonable way to
facilitate, without undue delay, the work to be performed under this _agreement.
SECTION 24. NOTICES.
All notices required or pennitted to be given under this _agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To Cite: Cite of Temple Cite
Attn: Cite Manager
9701 Las Tunas Dr.
Temple Cite, CA 91780
To Consultant:
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States
Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this _agreement on behalf of Consultant represents and
warrants that he/she/thee bas/have the authority to so execute this _agreement and to bind
Consultant to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This _agreement shall be administered and executed by the Cite Manager or his or her
designated representative, following approval of this _agreement by the Cite Council. The Cite
Manager shall have the authority to issue interpretations and to make minor amendments to this
RIV #4838-6958-3880 V1 -9-
Agreement on behalf of the Cite so long as such actions do not materially change the _agreement
or make a commitment of additional fiends of the Cite. All other changes, modifications, and
amendments shall require the prior approval of the Cite Council.
SECTION 27. BINDING EFFECT.
This _agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 28. MODIFICATION OF AGREEMENT.
No amendment to or modification of this _agreement shall be valid unless made in writing
and approved by the Consultant and by the Cite Council. The parties agree that this requirement
for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any parte to this _agreement of any term, condition, or covenant of this
_agreement shall not constitute a waiver of any other teen, condition, or covenant. Waiver by
any parte of any breach of the provisions of this _agreement shall not constitute a waiver of any
other provision nor a waiver of any subsequent breach or violation of any provision of this
_agreement. _acceptance by Cite of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this _agreement.
SECTION 30. LAV TO GOVERN; VENUE.
This _agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this _agreement, the prevailing parte in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This _agreement, including the attached Exhibits "A" through "C", is the entire, complete,
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other _agreements or understandings, whether oral or written, or entered into
between Consultant and Cite prior to the execution of this _agreement. No statements,
representations or other _agreements, whether oral or written, made by any parte which are not
embodied herein shall be valid and binding. No amendment to this _-agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 33. SEVERABILITY.
RIV #4333-6953-3330 V1 - 10-
If any term, condition or covenant of this _agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this _agreement shall not be affected thereby and the _agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have executed this _agreement on the date
and year first -above written.
ATTEST:
Mary Flandrick
Citv Clerk-
APPROVED
lerk
APPROVED AS TO FORM
By:
Eric S. Vail
City Attorney
Its:
CITY OF TEMPLE CITY
Its:
Jose Pulido, Cite Manager
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
RIV #4333-6953-3330 V1 - 11 -
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
RIV #4333-6953-3330 V1 - 12 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the witlun instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct
WITNESS my hand and official seal
Signature
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
RIV #4333-6953-3330 V1
DESCRIPTION OF ATTACBED DOCUMENT
TITLE OR TIDE OF DOCU LENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On
before me,
personally appeared
❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument
WITNESS my hand and official seal
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACBED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME
OF PERSON(S) OR ENTITY(IES))
RIV #4333-6953-3330 V1
TITLE OR TIDE OF DOCU LENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SER`"ICES
1. Consultant will perform the following Services:
A.
B.
C.
D.
11. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the Cite:
A.
B.
C.
D.
III. During performance of the Services, Consultant will keep the Cite appraised of the
status of performance by delivering the following status reports:
A.
B.
C.
D.
IV. The tangible work products and status reports will be delivered to the Cite pursuant to
the following schedule:
A.
B.
C.
RIV #4333-6953-3330 V1
s7s,,i
In
V. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
D.
VL Consultant will utilize the following subcontractors to accomplish the Services:
A.
B.
C.
D.
VII. AMENDMENT
The Scope of Services, including services, work products, and personnel, are subject to
change by mutual _agreement. In the absence of mutual _agreement regarding the need to change
any aspects of performance. Consultant shall comply with the Scope of Services as indicated
above.
RIV #4333-6953-3330 V1
_i-2
EXHIBIT "B"
COMPENSATION
L Consultant shall use the following rates of pay in the performance of the Services:
A. [job]
[hourlvrate]
B. [job]
[hourlvrate]
C. [job]
[hourlvrate]
D. [job]
[hourlvrate]
E. [job]
[hourlvrate]
IL Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate
for any subcontractor is not to exceed $ per hour without written authorization
from the Cite manager or his designee.
III. The Cite will compensate Consultant for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all supplies properly charged to the Services.
C. Line items for all travel properly charged to the Services.
D. Line items for all equipment properly charged to the Services.
E. Line items for all materials properly charged to the Services.
F. Line items for all subcontractor labor, supplies, equipment, materials, and travel
properly charged to the Services.
IV. The total compensation for the Services shall not exceed $
Section 4 of this Agreement.
RIV #4333-6953-3330 V1
B-1
, as provided in
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance,
acceptable to the Cite Manager or Cite Counsel, in full force and effect throughout the teen of
this _agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than _:VII. Consultant shall provide the following scope and limits of
insurance:
1. Minimum Scone of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability
coverage (Occurrence Forn CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering _automobile Liability, including code 1 "any auto" and endorsement CA 0025, or
equivalent forms subject to the written approval of the Cite.
(3) Workers' Compensation insurance as required by the Labor Code
of State of California and Employer's Liability insurance and covering all persons providing
services on behalf of the Consultant and all risks to such persons under this _agreement.
(4) Professional liability insurance appropriate to the Consultant's
profession. This coverage may be written on a "claims made" basis, and must include coverage
for contractual liability. The professional liability insurance required by this _agreement must be
endorsed to be applicable to claims based upon, arising out of or related to services performed
under this _agreement. The insurance must be maintained for at least 3 consecutive years
following the completion of Consultant's services or the termination of this _agreement. During
this additional 3 -year period. Consultant shall anally and upon request of the Cite submit
written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Consultant shall maintain limits of
insurance no less than:
(1) General Liability: $1.000.000 general aggregate for bodily injure,
personal injure and property damage.
(2) _automobile Liability: $1.000.000 per accident for bodily injure
and property damage. A combined single limit police with aggregate limits in an amount of not
less than $2.000.000 shall be considered equivalent to the said required minimum limits set forth
above.
RIV #4838-6958-3880 V1
C-1
(3) Workers' Compensation and Employer's Liability: Workers'
Compensation as required by the Labor Code of the State of California and Employers Liability
limits of not less than $1.000.000 per accident.
(4) Professional Liability: $1.000.000 per occurrence.
B. Other Provisions. Insurance policies required by this _agreement shall contain the
following provisions:
1. All Policies. Each insurance police required by this _agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
parte to this _agreement, reduced in coverage or in limits except after 30 days' prior written
notice by Certified mail, return receipt requested, has been given to Cite.
2. General Liabilitv and _automobile Liabilitv Coveraaes.
(1) Cite, and its respective elected and appointed officers, officials,
and employees and volunteers are to be covered as additional insureds as respects: liability
arising out of activities Consultant performs: products and completed operations of Consultant:
premises owned, occupied or used by Consultant : or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to Cite, and their respective elected and appointed officers, officials, or
employees.
(2) Consultant's insurance coverage shall be primary insurance with
respect to Cite, and its respective elected and appointed, its officers, officials, employees and
volunteers. _-\ny insurance or self insurance maintained by Cite, and its respective elected and
appointed officers, officials, employees or volunteers, shall apple in excess of, and not contribute
with. Consultant's insurance.
(3) Consultant's insurance shall apple separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(4) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to Cite, and its
respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Emnlover's Liabilitv Coveraae. Unless the
Cite Manager otherwise agrees in writing, the insurer shall agree to waive all rights of
subrogation against Cite, and its respective elected and appointed officers, officials, employees
and agents for losses arising from work performed by Consultant.
C. Other Reauirements. Consultant agrees to deposit with Cite, at or before the
effective date of this contract, certificates of insurance necessary to satisfv Citv that the
RIV #4333-6953-3330 V1
C-2
insurance provisions of this contract have been complied with. The Cite _attorney may require
that Consultant furnish Cite with copies of original endorsements effecting coverage required by
this Section. The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. Cite reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
1. Consultant shall furnish certificates and endorsements from each
subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by Cite. At the option of Cite, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects Cite or its respective elected or appointed
officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required police or policies of insurance shall not be
construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions
and requirements of this _agreement.
RIV #4333-6953-3330 V1
C-3
Attachment "C"
March 11. 2013
Mr. Jose Pulido, City Manager
City of Temple City
9701 Las Tunas Drive
Temple City, California 91 780
Subject: Local Government Strategic Planning
Dear Mr. Pulido:
Thank you for this opportunity to submit our proposal to conduct Strategic Planning effort
for Temple City. The Lilley Planning Group is a professional consulting firm specializing in
providing contract services to municipal agencies and non-profit groups throughout
California.
Our legal name is: The Lilley Planning Group, Inc. a California S Corporation
Our office is located at: 138 West Amerige Avenue
Fullerton, California 92832
Phone number: 714-672-9906 and fax: 714-672-9908
The contact person for this project will be Jennifer Lilley, President and CEO fo the firm.
Jennifer is located in our main office in Fullerton and can be reached at:
138 West Amerige Avenue
Fullerton, California 92832
714-672-9906 or by email of
Jennifer@lilleyplanning.com
We are experts in developing and implementing meaningful and effective efforts resulting
in valuable feedback and targeted recommendations. We have a proven track record for
advising public agencies on strategies and working with staff, Council, Commissions, the
community and stakeholder groups. We are confident we offer you an experienced and
effective approach to this work effort. We look forward to an opportunity to assist the City
in this effort.
The Lilley Planning Group is unique in that we specialize in community engagement
services. We have provided similar services to cities for more than 20 years. We are
providing similar services for the County of Los Angeles, County of San Bernardino, City of
Fullerton, City of Villa Park, City of Yorba Linda, Pasadena Heritage, Pasadena Playhouse
District, City of Bellflower, County of Sonoma and City of Citrus Heights. In this work our
team is responsible for facilitating community meetings, engaging Community Advisory
Committees, focus groups, stakeholder groups and general community members through
a series of discussions to review topics, challenges and opportunities, identify alternatives,
evaluate impacts and make recommendations for consideration by the City Council. The
projects have been extremely successful and the results of our work and the
recommendations developed are being implemented.
To ensure you receive the highest level of service, Ms. Jennifer Lilley, AICP, will be the
project manager as well as the lead facilitator for this effort. This contract will be her priority
and she will ensure you have the focused attention you deserve. As a professional
planner, Jennifer has more than twenty-five years of experience working with municipal
agencies related to land use development, environmental evaluation, general plan
updates, strategic planning efforts and public service. Jennifer is a trained and
experienced facilitator, practicing for more than 20 years. She has facilitated group
visioning, strategic planning efforts, stakeholder meetings, Community Advisory
Committees, focus groups, City Council workshops, Council/Commission study sessions,
large group workshops, webinars, and expert forums. She brings a great wealth of
information and an experienced, professional and inclusive approach to the outreach
efforts she provides. She is an expert working with challenging groups with opposing
opinions and bringing them to a place of agreement. Her philosophy in every outreach
effort is to manage the process and encourage the participants to provide the expertise
on the subject. This approach allows her to remain a neutral facilitator focused on the big
picture and keeping the group moving forward to achieve success. She has assembled
an experienced team of professionals to enhance the service she provides to each client.
For the work in Temple City we are offering an experienced team with the knowledge and
breadth of experience necessary to carry out a successful strategic planning effort. We
also offer facilitation, recording and public information campaigns in multi -languages
meeting the needs of communities. We offer Spanish, Korean, Chinese, Japanese, and
even sign language translation to name a few.
The attached proposal will introduce you to our firm, the services we provide, our
experience, our approach to the work you are requesting and the added value we offer
the City of Temple City to have a successful strategic planning process. We are available
to begin work as requested in May 2013. We understand the importance of the project
and we will keep this process moving forward and completed within the six to nine month
expectation window. We appreciate your time in reviewing our proposal. We are
confident you will find our capabilities, expertise, and staff is the right fit for this effort. We
look forward to the opportunity to talk with you about this important work and how the
Lilley Planning Group can support your team and provide you the best strategic planning
process possible.
Sincerely,
Jennifer A. Lilley, AICP
President
Jennifer A. Lilley is the President and also Secretary for the Lilley Planning Group, S Corporation. I am
able to legally bind the company for the work proposed. I attest all information submitted within the
proposal is true and correct. This proposal shall remain valid for a period of no less than 90 days from the
date of submittal.
L111Cy .......... page 2
A. Executive Summary
The attached proposal offers the City of Temple City an experienced team of professional facilitators to
lead the staff, City Council, community, stakeholders and residents through a series of engaging and
effective public workshops to explore, evaluate and analyze information and alternatives to develop a
strategic plan for the City. We have provided for the City a thorough process that begins in May 2013
and works efficiently and effectively through January 2014 to bring awareness to the community of the
effort, invite and include participation, promote and engage with the staff, City Council and the
community during events and work on the project effort through a series of workshop -type meetings.
Our approach includes a thorough plan for coordinating with City staff to ensure everyone involved is
kept up to speed and is included throughout the process. We offer quality written documents and
interesting and creativity in our techniques. Our firm has the capacity given our experienced staff to
conduct this process in the time required and within a budget that meets the City's limitations. In
addition to our team, we have offered the City a creative option. Our firm has teamed with MindMixer
on several strategic planning and community engagement efforts and we believe having the ability to
reach your community, especially those more passive participants through this web -based resource
allows participants to interact with the process even when they are unable to attend a meeting. While
we know we can provide a successful effort without the use of this virtual town hall option, we believe
adding it to the resources we provide this effort will ensure an inclusive, productive and successful
program.
Our team is available to begin this work immediately and we are committed to the level of effort to
ensure that this program is completed on time and on budget. We understand the importance of
communicating and reaching the entire community. We have the ability to lead meetings in various
languages to reach often underserved and under -represented community members. We offer a
marketing and information campaign that reaches your community and brings them into the process.
Our team is also unique in that all of our staff has previously worked in public agencies. We have
extensive experience working with City Councils, Commissions and City staff. This allows us a unique
understanding of the challenges facing city governments and the expected outcome of a strategic
planning effort like the one Temple City is initiating. We believe this experience gives our team a unique
advantage working with your City.
We have built a strong reputation for tailoring our work efforts to fit the specific needs and
characteristics of each community. We are accessible, available and attentive to the requests and
needs of our clients. We are local and available to meet in person for strong communication
throughout this effort. We also employ the latest technology to allow us to share documents, host
meetings on line and incorporate social media, the internet and audio and visual mediums to allow the
best results in our planning efforts. Most of our clients have worked with us on multiple projects over the
last five years showing our strong reputation in the industry. We are committed to completing your work
on time and on budget and exceeding your expectations in the work that we do.
B. Understanding of the Approach
I. Summary of approach to the project
The City of Temple City is embarking on a strategic planning effort that will articulate a clear vision of its
future that is integrated with an organizational philosophy and guide elected officials' and employees'
actions for its successful implementation. The effort will include an engaging process encouraging
participation by City Council, staff, community members, stakeholders, and others interested in this
effort through a variety of tools and techniques. We recognize that in this day and age, there are many
causes, activities and obligations citizens have in their lives, that compete with their ability to give time
to planning efforts in their community. Fortunately, there are also new and interesting tools available to
L111Cy ............. page 3
engage residents and community stakeholders without requiring much of their time. Our approach will
be to utilize existing community organizations and groups, e.g. Commissions and Boards, Chamber and
business associations, School Board, Service organizations, etc, and work within their existing meeting
structures, in combination with survey and information sharing tools they can access on-line 24/7.
Our work includes:
Creating appropriate and effective marketing and educational material to promote and inform
the public with regards to outreach/facilitation programs.
• Planning and preparing for town hall meetings and engagement workshops including
developing materials, agenda, scripts, guidelines and time blocking of the event.
• Preparing staff or volunteers for facilitation, recording, transcribing, greeting, troubleshooting,
and training these individuals for the work of the event.
• Team meetings to ensure all steps have been considered, the event is well thought through and
the program is thoroughly developed.
• Room set up and preparation to ensure all accommodations have been considered.
• Guiding participants through an interactive agenda and meeting materials.
Using technology such as websites, internet based survey programs, facebook, twitter and other
social networking sites to promote, educate and conduct public workshops and obtain the
feedback necessary to provide valuable information for agencies related to the project at
hand.
• Conducting webinar-type workshops to allow participants to engage in a community meeting
without actually being in the same location.
• Providing convenient and affordable options for effective public outreach.
• Utilizing keypad polling and other technology to engage the public in providing input and
creating consensus on issues related to the project, as well as responding to technical issues and
other changes in real time.
Providing problem solving and feedback to all team members including technical support,
facilitators and recorders throughout the events.
• Preparing follow up materials and conducting debriefs following the event.
• Multi-lingual facilitation and recording. We use trained facilitators and recorders in the
language of our audience so participants can feel comfortable and trust the process.
We have a proven track record for providing outstanding, engaging strategic planning programs. We
have experience working with municipal agencies and non-profit organizations to gain public input and
better understand the needs of stakeholders. We approach this work using the following principals:
• Plan and prepare efforts respectful of the time of the participants and use effective and efficient
methods to present information and gain valuable insight into the issue.
Be neutral guides of the process. We are experts on the methods that we employ, but we
believe that the participants are the experts on the topic we are invited to participate in. We do
not come into a program with our own agenda or an expected outcome. This provides for a
genuine and transparent process.
• Our team includes experienced facilitators. They work with a variety of group conditions and
sizes and are able to take challenging situations and bring positive outcomes.
L111Cy .......... page 4
" W e b e l i e v e i t i s a l l a b o u t t h e p e o p l e . T h e w o r k w e d o i s o n l y a s g o o d a s t h e i n p u t a n d t h e
d i r e c t i o n w e r e c e i v e f r o m t h e p r o c e s s . S o w e s t r i v e t o c r e a t e a v a l u a b l e p r o g r a m t h a t i s
i n c l u s i v e , e n g a g i n g a n d d e l i v e r s t h e p r o c e s s d e s i r e d .
O u r a p p r o a c h t o c o n s e n s u s t a k e s i n t o c o n s i d e r a t i o n t h a t e v e r y o n e h a s v a l i d r e a s o n s f o r t h e i r
w a y o f t h i n k i n g a n d t h e y h a v e f o r m e d t h o s e r e a s o n b a s e d o n e x p e r i e n c e s . W e u s e t h e m e t h o d
o f "