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HomeMy Public PortalAbout15) 7.K. Consultant Services Agreement with Corporate Leadership GroupDATE: June 18, 2013 AGENDA ITEM 7X MANAGEMENT SERVICES DEPARTMENT TO: The Honorable City Council MEMORANDUM FROM: Jose E. Pulido, City Manage By: Giselle Corella, Execut Assistant to the City Manager SUBJECT: CONSULTANT SERVICES AGREEMENT WITH CORPORATE LEADERSHIP GROUP, LLC RECOMMENDATION: The City Council is requested to: a) Award a Consultant Services Agreement with Corporate Leadership Group, LLC for team building and executive coaching/mentoring consultant services (Attachment "A") not to exceed $70,000; and b) Authorize the City Manager to finalize and execute the Consultant Services Agreement with Corporate Leadership Group, LLC. BACKGROUND: 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 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 and Professional Services Consultant Services for variety of tasks including team building and executive coaching/mentoring. 3. On March 11, 2013, the City received seven proposals from: RBF Consulting, Novak Consulting Group, Corporate Leadership Group, Y -Change Group, Lilley 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 City Council June 18, 2013 Page 2 of 5 the proposals. 4. 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 offered the most innovative and personalized approach to developing a City Strategic Plan and while the Corporate Leadership Group, LLC provided the best consultant services for team building and executive coaching/mentoring to facilitate the development of the City Department Workplans and the annual City Council capacity building and quarterly meetings (Attachment "C"). 5. 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 recommendations made by the selection committee. 6. On June 4, 2013, the City Council approved the Consultant Services Agreement not to exceed $40,000 (i.e., $40,000 appropriated in Fiscal Year 2012-13 City Budget) with Lilley Planning Group to develop the inaugural City Strategic Plan. Additionally, the City Council approved the Fiscal Year (FY) 2013-14 City Budget, which included appropriations for the development of City Department Workplans and annual City Council capacity building and quarterly meetings to compliment the development of the City Strategic Plan. ANALYSIS: The City Council has recently approved a Consultant Services Agreement with Lilley Planning Group (i.e., June 4, 2013 Regular City Council Meeting) to develop and implement an inaugural City Strategic Plan. The inaugural City Strategic Plan will include benchmarks or milestones that measure the City's progress toward achieving its strategic goals/City Initiatives. A City Strategic Plan will indentify the community's vision and goals for the City in the next 20 years which help the City Council and staff recognize what the community identifies as priorities among the City's various strategic goals/initiatives. While the executive coaching/mentoring activities will complement the development of the City Strategic Plan, the City's Department Workplans, and the annual City Council capacity building and quarterly meetings, are separate processes from the City Strategic Plan and Implementation Plan facilitated by the Lilley Planning Group for the community. To ensure the successful implementation of the City Strategic Plan, team building and executive coaching/mentoring for City Council and staff are important. The team building and executive coaching/mentoring for City Council and staff will compliment the City Strategic Plan process by defining roles and responsibilities of the City Council and City Council June 18, 2013 Page 3 of 5 staff for its execution. Alongside the City Strategic Plan's Implementation Plan, the City Department Workplans as well as the annual City Council capacity building and quarterly meetings (also known as City Council Forums) will address the following through the Advanced Disciplined Management Process (AMP): remove operational and systems barriers to successfully achieve City Council goals and objectives; improve goal setting and accountability among all departments and staff; improve collaboration and performance among the City Manager and Department Directors; and training for all City staff for improved communication and management techniques. More specifically, the benefits of the AMP process facilitated and developed by Corporate Leadership Group include six main components: Third Party Accountability Corporate Leadership Group will act as an outside consultant with extensive, proven leadership experience to facilitate monthly AMP - accountability and coaching meetings with City staff and management. Corporate Leadership Group has acted as the facilitator for the City's Department Workplans and Council Forums in FY 2012-13, through their facilitation, the City has achieved some successes including: Rosemead Boulevard Safety Enhancement and Beautification Project; Las Tunas Drive Beautification and Safety Enhancement Project; Gateway Project; Bicycle Master Plan; Comprehensive Downtown Parking Strategic Plan; Traffic Calming Master Plan; and the Parks and Open Master Plan. Customized Business Tools Customized business tools (i.e., strategic plans, measurable goals and key performance indicators) are developed together (i.e., staff and consultant) with time focused deadlines as the basis for these meetings. In the monthly AMP meetings, every staff and management member are held accountable to the established goals. Team coaching also takes place to ensure that team members learn how to achieve goals more effectively and in a timely manner. Increased accountability results in cultural change and improved performance as the meetings progress throughout the year. The use of customized business tools also provide for a new common language of achievement and execution in the City and among the employees. In short, the AMP process with the presence of a neutral outside third party leader results in accountability to the City that cannot be attained with inside employees. Checks and Balances The AMP process is based on the checks and balances government principle (Attachment "D"). The process forms a circle of accountability between leadership, staff and City Council whereby each stakeholder group reviews and gives guidance on progress and execution of City Strategic Initiatives and Goals. City Council June 18, 2013 Page 4 of 5 The checks and balances process is inherent throughout the AMP Process which increases transparency between the City and the public sector as results are summarized, reported on and reviewed. Accountability from Council down to Staff A common language of goal achievement is developed for everyone involved. Accountability to achieve all stated goals is the focus of every AMP meeting. The consultant will hold the key stake holder groups (i.e., staff members, management and City Council) accountable across the board to achieve the established goals. The City Strategic Plan and all operational objectives become the focal point of achievement. This is achieved by coaching each team member how to overcome barriers to goal achievement and attain success. To do so, Corporate Leadership Group will also use assessment/survey tools, video training and customized workshops as an exciting way to achieve the goal of improving accountability. City Strategic Plan Deployment City leaders and strategic planning organizations universally agree that the most important part of the strategic planning process is the deployment and execution of the City Strategic Plan. Otherwise, plans remain as "words on paper" and become non-productive. The AMP process includes assimilating the City Strategic Plan by breaking down the key initiatives into monthly executable goals and tasks. As each initiative is funded, the initiative moves to the internal working plan (i.e., Department Workplan) and is then developed into an executable goal. The goal is then given to the appropriate team/team member who is held accountable for timely execution. City Department Workplans — How it works In many municipalities there is a clear disconnect between the execution of the "City Strategic Plan goals" and the execution of goals related to City operations. To overcome delays and barriers to achievement that can result from the demanding daily operations, the City of Temple City has practiced the use of Department Workplans. Department Workplans translates all operational objectives into strategic initiatives with sub -goals and goals for each department (e.g., Parks and Recreation, Finance, Planning and Management Services Administration). Department Workplans are popular and a highly successful tool because it improves goal execution across the board for the City as a whole. The City Department Workplan monthly meetings result in a high level of teamwork and improved cohesiveness. As described above, the Corporate Leadership Group along with the AMP Disciplined Management Process can result in the solid implementation of the City Strategic Plan, City Council June 18, 2013 Page 5 of 5 City Department Workplans, and City Council forums. The process creates a flow of execution from City Council review to City Management direction to staff implementation. The process is not only a benefit in building staff performance, but it also benefits in the performance evaluation and review component for each staff member. Re-IMPIM 0 The City Council is requested to approve a Consultant Services Agreement with Corporate Leadership Group, LLC for professional services for team building and executive coaching/mentoring which include the facilitation of City Council Forums and City monthly Department Workplans. On June 4, 2013, the City Council approved the Fiscal Year (FY) 2013-14 City Budget which included a $20,000 appropriation for City Council capacity building and quarterly meetings; and a $50,000 appropriation for City Department Workplans. Therefore, staff is recommending a total specific agreement amount with Corporate Leadership Group, LLC not to exceed $70,000. ATTACHMENTS: A. Draft Contract Services Agreement between the City of Temple City and Corporate Leadership Group, LLC B. Request for Proposals (RFP) for Local Government Strategic Planning Consultant C. Corporate Leadership Group proposal (dated March 11, 2013) D. AMP Disciplined Management Process ATTACHMENT "A" r. :. ;mac- ,; �vI THE CITY OF TEMPLE CITY, a municipal corporation M1 Wel !A 0] 15A.11V N Do " WIN 11 DI W1 ruff Urff Tfuluum RN #4838-6958-3880 vl -1- AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND CORPORATE LEADERSHIP GROUP, LLC This Agreement for Consultant Services ("Agreement") is entered into as of this day of 2013 by and between the City of TEMPLE CITY, a municipal corporation ("City") and , a ('Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." U961 N: I A. City 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 City to perform those services. C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Consultant Services Agreement and the City 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: 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 City, 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. RN #4838-6958-3880 v1 - I - SECTION 2. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services" and made a part of this Agreement. SECTION 3. ADDITIONAL SERVICES. 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 City Council or City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City 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 seventy thousand dollars ($70,000), unless additional compensation is approved in writing by the City Council or City Manager. (b) Each month Consultant shall furnish to City 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 -category), travel, materials, equipment, supplies, and sub -consultant contracts. Sub -consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. City 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. In 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 City, 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 City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) Payment 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. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City 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 City shall RIV #4838-6958-3880 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 City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City 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 City 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 BOOKS 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 City 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 permit 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 City or its designated representative. Copies of such documents or records shall be provided directly to the City 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 City 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 termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors -in -interest and authorized representatives. RN #4838-6958-3880 vl - 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 City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by City. (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 City, 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 City. (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. SECTION 9. STANDARD OF PERFORMANCE. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform 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 City 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, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. RN #4838-6958-3880 v1 -4- SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Consultant that California prevailing wage laws do not apply 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 funds. In this context, "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 Immigration and Nationality Act, 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 City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City 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 firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City 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 City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City 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 governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform 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 INFORMATION; RELEASE OF INFORMATION. (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 City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, 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 City 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 City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City 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 party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City 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 City to control, direct, or rewrite said response. SECTION 16. INDEMNIFICATION. (a) Indemnification for Professional Liabilitv. Where the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City 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 permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, 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 attorneys fees and costs, court costs, RIV #4838-6958-3880 v[ -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 Indemnification 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 terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City 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 Indemnification. Notwithstanding any provision of this Section 16 [Indemnification] to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted 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 apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City 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 City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City 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 City Council. Any attempted assignment RN #4839-6958-3880 v1 - 7 - shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. SECTION 20. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed 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 terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City 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 timeframe 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 City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City 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 City may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the City 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. RFV #4838-6958-3880 vl -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 governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. .' 1 KI71)'�11:7�IY[I7►Y1�Y11YI1'/ All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying 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 permitted 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 City: City of Temple City Attn: City Manager 9701 Las Tunas Dr. Temple City, CA 91780 To Consultant: Corporate Leadership Group, LLC Attn: Gary LaFerla 25146 Running Horse Road Santa Clarita, CA 91321 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/they has/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 City Manager or his or her designated representative, following approval of this Agreement by the City Council. The City Manager shall have the authority to issue interpretations and to make minor amendments to this RN #4838-6958-3880 V1 -9- Agreement on behalf of the City so long as such actions do not materially change the Agreement or make a commitment of additional funds of the City. All other changes, modifications, and amendments shall require the prior approval of the City 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 City 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 party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party 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 City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. SECTION 30. LAW 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 party 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. f.Y �J1IL[I] fti��YI►YY'19NXI "NYIDluIwe 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 City prior to the execution of this Agreement. No statements, representations or other Agreements, whether oral or written, made by any party 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. RFV #4838-0958-3880 vl -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: Peggy Kuo City Clerk APPROVED AS TO FORM M1 Eric S. Vail City Attorney Its: In CITY OF TEMPLE CITY By: Jose Pulido, City Manager Its: 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 #4838-6958-3880 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 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 signatures) 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 #4838-6958-3880 vl DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT 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 ATTACHED 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 #4838-6958-3880 vl TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A11 SCOPE OF SERVICES I. Consultant will perform the following Services: A. Comprehensively implement the "Disciplined Management System - AMP" on a staff wide basis for all departments throughout the year. (See schedule under AMP schedule for staff below). AMP — Advanced Management Program Meetings for department heads and staff: • Execute monthly meetings that include the following deliverables: 1) strategic plan updates, 2) goal setting, 3) goal accountability and 4) training in the 6 functions of management: (Communication, Planning, Organization — Time Management, Human Capital, Accountability and Leadership). • Together with department heads and CM, perform 2 on 1/1 on 1 coaching with key staff to improve performance, troubleshoot - solve performance issues and develop high accountability. • Conduct leadership development training with key programs that include: film training, textbook instruction, personal coaching for effectiveness, DISC Training for communication and improved management. (Staff retreats will be conducted as approved by CM). • Perform leadership coaching with the City Manager and Directors to improve collaboration and execution. Leadership coaching includes feedback sessions, training for improved execution and customized training as required to fulfill City strategic goals. B. Achieve cultural consistency and high accountability through rigorous adherence to our process of goal setting and AMP meetings. C. Assist the deployment the "City of Temple City" Strategic Plan and all Strategic Operational Plans (i.e., City Department Workplans) through completion of operations, processes and system troubleshooting. 6876 v1 RIV #4838-6958-3880 v1 A-1 D. Facilitate Council Forums. Corporate Leadership Group Council Forums: • Improve collaboration and goal execution of Council through the exposure and training using Best of Best Leadership practices from leading executives and educational institutions. • Leadership programs include team training and facilitation, customized workshops and I on 1 coaching and feedback surveys. Retreat events may be conducted as approved by Council. • Educational materials include but are not limited to: film, video, textbook, case studies, surveys, assessments and DISC training. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Department Workplans and Updates B. Goal Setting with Staff C. Goal Accountability D. Training in six functions of Management (i.e., communication, planning, organization time management, human capital, accountability and leadership). III. During performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Strategic Plan output - Monthly B. Goal form output - Monthly C. Regular meetings with CM and Department Heads IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule: 6876 vl RN #4838-6958-3880 V1 A-2 6876 vl A. Planning and coaching throughout the year with City Manager, Department Heads and staff: '/i day per month (on site, via phone or webinar) as needed or requested by City leadership. B. Conduct no less than 13 AMP Meetings with department teams and Department Directors. C. Conduct no less than four Council Forums (i.e., quarterly meetings). V. Consultant will utilize the following personnel to accomplish the Services: A. Gary LaFerla - CEO B. Mike Burrows outside assistant as needed basis only C. John Bryson - outside assistant as needed basis only VI. Consultant will utilize the following subcontractors to accomplish the Services: A. Assess select and train for on-line assessments only 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 #4838-6958-3880 vI A-3 A-914"AMINTAN MUM I. Consultant shall use the following rates of pay in the performance of the Services: A. [Consultinel [$185.001 II. Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed $165.00 per hour without written authorization from the City Manager or his designee. III. The City 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 $70,000, as provided in Section 4 of this Agreement. RIV #4838-0958-3880 vt B-1 EXHIBIT "C" INSURANCE A. Insurance Reouirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, in full force and effect throughout the term 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 A: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 Form 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 City. (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 annually and upon request of the City 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 injury, personal injury and property damage. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. A combined single limit policy 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 vl 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 policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party 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 City. 2. General Liabilitv and Automobile Liabilitv Coverages. (1) City, 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 City, and their respective elected and appointed officers, officials, or employees. (2) Consultant's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance. (3) Consultant's insurance shall apply 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 City, and its respective elected and appointed officers, officials, employees or volunteers. 3. Workers' Compensation and Emnlover's Liabilitv Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the RN #4838-6958-3880 vl C-2 insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City 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. City 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 City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City 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 policy 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. RN #4838-6958-3880 1 C-3 CITY OF TEMPLE CITY 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 PLACE OF RFP RESPONSES SUBMITTALS: 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.temolecitv.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 1. GENERAL STATEMENT.......................................................................................................4 SECTION2. PURPOSE.................................................................................................................................4 SECTION 3. PROJECT DESCRIPTION......................................................................................................5 SECTION4. 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.temolecitv.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. o 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. o 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. DELIEVERABLES • SWOT Analysis and Environmental Scan • Outreach data and Template Material for Community Outreach • Final Reports to include: o Strategic Plan (vision, mission, values, goals, and strategies) • Short term —five year • Intermediate term — six to 10 year • Longterm —10 to 20 year o 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. ll. 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. Il. 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: Des „ scription a. Preparatory Meetings b. Workshops C. Public Outreach d. Delieverables Amount $XX,XXX $XX,XXX $XX,XXX $XX,XXX Percentage of Fee p 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 THE CITY OF TEMPLE CITY, a municipal corporation RN #4838-6958-3880 vl AGREEMENT FOR CONSULTANT SERVICES 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 City of TEMPLE CITY, a municipal corporation ("City") and , a ("Consultant'). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City 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 City to perform those services. C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Consultant Services Agreement and the City 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 City, 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 94838-6958-3890 vl SECTION 2. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services" and made a part of this Agreement. SECTION 3. ADDITIONAL SERVICES. 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 City Council or City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City 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 City Council or City Manager. (b) Each month Consultant shall furnish to City 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 -category), travel, materials, equipment, supplies, and sub -consultant contracts. Sub -consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. City 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. In 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 City, 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 City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) Payment 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. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City 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 City shall R1V #5838-6958-3880 0 - 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 City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City 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 City 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 BOOKS 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 City 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 permit 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 City or its designated representative. Copies of such documents or records shall be provided directly to the City 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 City 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 termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors -in -interest and authorized representatives. RN 04838-6958-3880 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 City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by City. (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 City, 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 City. (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. SECTION 9. STANDARD OF PERFORMANCE. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform 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 City 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 tern of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. RIV 94838-6958-3880 v -4- SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Consultant that California prevailing wage laws do not apply 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 funds. In this context, "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 Immigration and Nationality Act, 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 City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City 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 firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City 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 City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City 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 governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform 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. RN 94838-6958-3880 V1 - 5 - SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (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 City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, 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 City 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 City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City 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 party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City 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 City to control, direct, or rewrite said response. SECTION 16. INDEMNIFICATION. (a) Indemnification for Professional Liabilitv. Where the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City 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 permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, 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 attorneys fees and costs, court costs, RIV 44838-6958-3880 vi - 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 Indemnification 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 terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City 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 Indemnification. Notwithstanding any provision of this Section 16 [Indemnification] to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted 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 apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City 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 tern 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 City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City 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 City Council. Any attempted assignment RIV 44838-6958-3880 0 - '7 - shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. SECTION 20. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed 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. 0ore] 1fCole F �a01Wl11" In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City 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 timeframe 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 City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City 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 City may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the City 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. RN 44838-6958-3880 0 -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 governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably 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 City as public records, and which are necessary for carrying 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 permitted 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 City: City of Temple City Attn: City Manager 9701 Las Tunas Dr. Temple City, 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/they has/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 City Manager or his or her designated representative, following approval of this Agreement by the City Council. The City Manager shall have the authority to issue interpretations and to make minor amendments to this RN 44838-6958-3880 vl -9- Agreement on behalf of the City so long as such actions do not materially change the Agreement or make a commitment of additional funds of the City. All other changes, modifications, and amendments shall require the prior approval of the City 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 City 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 party to this Agreement of any tern, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party 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 City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. SECTION 30. LAW 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 party 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 City prior to the execution of this Agreement. No statements, representations or other Agreements, whether oral or written, made by any party 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 Ruvaa838-6958-388ovI - 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 City Clerk APPROVED AS TO FORM By: Eric S. Vail City Attorney Its: CITY OF TEMPLE CITY By: Jose Pulido, City Manager Its: 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 93838-6958-3880 vi - I I - OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. RIV 44838-6958-3880 v1 -12- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On I 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 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. 1 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(]ES)) R1V 44838-6458.3880 V1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT 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 ❑ 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 94838-6958-3880 vl DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following Services: A. B. C. D. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. B. C. D. III. During performance of the Services, Consultant will keep the City 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 City pursuant to the following schedule: A. B. C. 6876 ,1 RN 44838-6958-3880 v1 A-1 6876 vl I7 V. Consultant will utilize the following personnel to accomplish the Services: A. B. C. D. VI. 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. AN 44838-6958-3880 vl A-2 EXHIBIT "B" COMPENSATION I. Consultant shall use the following rates of pay in the performance of the Services: A. Hobl fhourlvrate l B. Hobl fhourly ratel C. liobl [hourly rate] D. hobl [hourly rate] E. liobl fhour] y rate] II. 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 City Manager or his designee. Ill. The City 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 $ as provided in Section 4 of this Agreement. RIV 44838-6958-3880 vl B-1 EXHIBIT "C" INSURANCE A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, in full force and effect throughout the term 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 A:VII. Consultant shall provide the following scope and limits of insurance: Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form 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 City. (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 annually and upon request of the City 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 injury, personal injury and property damage. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. A combined single limit policy 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 #4838-6958a880 vi 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 policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party 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 City. 2. General Liabilitv and Automobile Liabilitv Coverages. (1) City, 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 City, and their respective elected and appointed officers, officials, or employees. (2) Consultant's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance. (3) Consultant's insurance shall apply 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 City, and its respective elected and appointed officers, officials, employees or volunteers. 3. Workers' Compensation and Emnlover's Liability Covera¢e. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the RIV 44838-6958-3880 vl C-2 insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City 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. City reserves the right to inspect complete, certified copies of all required insurance policies, at anytime. 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 City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City 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 policy 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. RN 94838-6958-3880 vl C-3 ATTACHMENT C CORPORATE LEADERSHIP GROUP, LLC 25146 Running Horse Road, Santa Clarita CA 91321 T-661-888-1047 GLF7@aol.com March 11, 2013 Mr. Jose Pulido City Manager City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 RE: LOCAL GOVERNMENT STRATEGIC PLANNING — RESPONSE TO REQUEST FOR PROPOSALS Dear Mr. Pulido: Corporate Leadership Group, LLC is pleased to submit this proposal to you and the City of Temple City for consideration for the Local Government Strategic Planning Project. As a professional consulting firm, we are exciting about the opportunity to assist the City and its stakeholders and community on this important strategic planning effort. We have assembled a team of professionals with over 60 years of experience in municipality planning and leadership experience. Our team includes recognized experts in Public Leadership, Strategic Planning for Municipalities, Disciplined Management Systems Implementation, and Public Administration Management. We look forward to working with you and your qualified staff in helping to define and shape the great and vibrant future of the City of Temple City for the benefit of the community and its businesses and residents. We are confident that we can develop a living plan that brings alignment among all key stakeholders and results in not only an innovative and progressive plan and process, but an instrument that will chart the path for the positive transformation of the City for years to come, setting the tone for other cities around the country. This proposal shall remain valid for a period of not less than ninety (90) calendar days from the date of the submittal. As the principal of Corporate Leadership Group, LLC, I am the individual with legal authority to bind the firm and can attest that all information submitted with this proposal is true and correct. Thank you for your time and consideration. If you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, Gary LaFerla Corporate Leadership Group, LLC CORPORATE LEADERSHIP GROUP, LLC 25146 Running Horse Road, Santa Clarita CA 91321 T-661-888-1047 GLF7@aol.com PROPOSAL FOR LOCAL GOVERNMENT STRATEGIC PLANNING City of Temple City, CA City of Temple City ATTN: Jose Pulido, City Manager RE: Local Government Strategic Planning 9701 Las Tunas Drive Temple City, CA 91780 March 11, 2011 1 Table of Contents Item Page # A. Executive Summary 4 Qualifications Strengths B. Understanding and Approach to the Project 7 I. Summary of Approach to Project II. Understanding and Approach to Challenges III. Required Information Expected from City IV. Participation Required from City Staff/Consultants V. Approach to Working Effectively with Ad Hoc Committees and Community Presentations VI. Approach to Effective Interaction with Community Groups C. Process 12 1. Outline of Quality Control and Procedures to Collect Public Input II. Approach to Formatting City Council and Staff Workshops III. Statement as to Management of Flow of Information between Team D. Experience on Similar Projects 14 1. List and Experience on Similar Project Completed within Last 5 Years a. Project Name and Location b. Brief Project Description c. Total Project Budget d. Project Duration e. Names and firms of the team members f. References cited for each cited project II. Provide a List and description of Current Projects E. Experiences in Controlling Project Cost/Duration 18 I. Statement of the firm's philosophy with respect to Cost/Budget II. Statement of the firm's philosophy with respect to schedule control III. Provide information on Projects completed in last 5 years a. Date contract was awarded b. Schedule for the process c. Completed deliverables d. Budget established e. Process start and completion dates 2 Table of Contents (continued) F. Proposed Organization and Staffing 21 I. Identification of firm II. Description of organizational structure and staffing for the project a. Resume of the lead to be assigned to the project b. Name of consulting firms/lead assigned to the project c. Resumes of the balance of the consulting team III. Estimate of lead individual's estimated percentage of time of involvement IV. Description of team members' experience and background V. Summary of Current Projects G. Financial Standing 34 I. Provide a current annual report or audited profit and loss statement II. Amount and carriers of both general liability and professional liability insurance H. Exceptions to Standard Agreement 36 I. List any exceptions to the Standard Agreement I. Fee Proposal: Content and Organization Attached E1 A. Executive Summary Qualifications: For this project, we have put together a leading team of professionals with over 60 years of combined municipality planning and leadership experience. Our team includes recognized experts on the topics of: Public Leadership, Strategic Planning for Municipalities, Disciplined Management System Implementation, and Public Administration Management. We know and understand the needs of municipal clients — the ebb and flow of servicing ever-present requirements for provision of quality public projects, programs, and provision of services to an ever-changing and dynamic landscape of citizens and stakeholders that can and may buy -in. Through Corporate Leadership Group, LLC's proven model, clients' can and will consciously and proudly project, promote, and support the future forecast of their communities as true owners rather than affiliates or mere ambassadors WHY? Because Corporate Leadership Group, LLC understands the immense value that elected officials, community groups, business professionals, educational service providers, knowledge workers, thought leaders, and experts in their respective fields bring each and every single day to their "tables." These elements frame the intellectual, political, and community capital required to take on seemingly monumental tasks such as the proper preparation and deployment of the City of Temple City's Strategic Plan. YOU — as a City and community are prepared and poised. WE—as a professional consultant firm are prepared and poised. At Corporate Leadership Group, LLC, you receive the benefit of: OUR Strengths: • Municipality Strategic Plan Mapping and Design Expertise • Strategic Plan Design • Innovativeness in the Strategic Planning Process with Focus on Transformational Change • Public Forum Facilitation and Management • Leadership Coaching and Development for Municipality Council and Staff • Ability to Achieve Citizen and City Alignment around key Initiatives • Crisis Management and Mitigation for Municipalities • Proven ability to implement and execute broad based plans throughout organizations. OUR Combined Experience: - 40 years - Strategic Planning Experience with a Focus on Municipalities. - 60 years - Strategic Leadership Experience Corporate Leadership Group, LLC's COMMITMENT: Our mission is to develop a living plan that brings alignment among all key stakeholders and results in the positive transformation of the City for future years. Our goal is to execute a planning process that is innovative and will set the tone for other cities around the country. We plan to achieve this goal by including the successful City of Temple City planning process in the best-selling and award-winning, Strategic Planning for Public and Nonprofit Organizations, 6th Edition (2013-14). And, we endeavor to coordinate with your qualified staff in incorporating these deliverables in to web -friendly and print - friendly formats at agreed-upon intervals. V14:21ITSIM4 I. Provide a summary of your approach to the project This project will be a collaborative event whereby all stakeholders will become participants. Corporate Leadership Group, LLC will serve as the planning lead and facilitator for the strategic planning process but also as an extension of City staff through participation in stakeholder and community outreach meetings. We have and maintain a "Best -Foot -Forward" approach with all of our clients and seek coordination with City Staff in all areas. You are the experts in your community— always. II. Discuss your understanding and approach to the challenges of this project The significant challenges of this project are as follows: A. Identifying the best and highest goals for the City B. Achieving consensus (alignment) around the right objectives C. Making the strategic plan transformational in nature— a living plan. To overcome these challenges, we will need the proper planning design for success. Our team will achieve this in the early stages of the strategic plan process. Our approach is as follows: Development of a strategic mapping process that achieves the desired objectives of the City, Council and Residents Gaining Council insight in meetings for the future City model and present expectations Develop a targeted citizen involvement program that accurately assesses the needs/desires of the citizen groups across the spectrum of business and property owners. Engage City management and staff in the planning process. Develop objectives across the several platforms of management including but not limited to: 1) Policy 2) Goals and 3) Operational objectives to meet those goals. Develop an disciplined management process to deploy the plan on an operational level and subsequently hold stakeholders accountable for plan execution. With our ability to retain the services of an international authority on public process, management, and administration, we suggest that the City of Temple City consider alignment with the established process referenced by Dr. John Bryson, known as the Strategy Change Cycle (see below): The Strategy Change Cycle An Effective Strategic Planning Approach for Nonprofit Organizations This is a proven but intensive and concurrent process which has consistently driven real results in process enhancement and incredible organizational performance. Dr. John Bryson is a proud member of the Corporate Leadership Group, LLC team, and if selected, is confident that this project may have the potential to achieve not only documented and merited city, business, and community results but the real potential for publication on a national and potentially international stage. Ill. List the required information expected from the City by major task Task: Meetings with City Council and City Manager Required information: Expected deliverables for the plan on a comprehensive level. Task: Public involvement program and proposed methodology for outreach. Required information: City Demographics, targeted stakeholder groups types, collaborative input re: information we will extrapolate from the public involvement program, direct marketing information etc. 91 t I I ;; G ' ' r ti 'h 1 lA ti' Rj •I., `1'.. .:mLu..;tw'. Stuxo;iY ,A w, d•: % i,.A"tetI t .S .a .. I 1 ` I 4'--A 1—t...nu,.: It This is a proven but intensive and concurrent process which has consistently driven real results in process enhancement and incredible organizational performance. Dr. John Bryson is a proud member of the Corporate Leadership Group, LLC team, and if selected, is confident that this project may have the potential to achieve not only documented and merited city, business, and community results but the real potential for publication on a national and potentially international stage. Ill. List the required information expected from the City by major task Task: Meetings with City Council and City Manager Required information: Expected deliverables for the plan on a comprehensive level. Task: Public involvement program and proposed methodology for outreach. Required information: City Demographics, targeted stakeholder groups types, collaborative input re: information we will extrapolate from the public involvement program, direct marketing information etc. 91 Task: Facilitate strategic planning workshops with key groups (e.g., City Council, City Staff, Chamber of Commerce, Commissions, etc.). Required information: An initial scoping meeting would be required to assess timing and frequency. Task: 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. Required information: An initial scoping meeting would be required to assess expectations. Task: 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. Required information: An initial scoping meeting would be required to assess expectations. Task: Transform the conceptual goals of the visioning process into realistic, achievable targets. Required information: An initial scoping meeting would be required review process. Task: Serve as a framework for development of a new/updated General Plan. Required information: An initial scoping meeting would be required to review process. Task: Generate new ideas and discussion about the built environment, economic development, environmental and fiscal sustainability, sense of place, and the City's overall identity. Required information: An initial scoping meeting would be required to assess expectations. Task: Chart an effective, considered, and innovative course of action for the City's future, setting priorities and maximizing innovative opportunities. Required information: An initial scoping meeting would be required to review process. Task: Team building and executive coaching/mentoring. Required information: Leadership assessments, roles and responsibilities for plan execution, organizational charts. IV. Indicate participation the firm will require from the City staff and consultants Participation will include the following: A. City Council representative as advisor in the process. B. City Manager provides strategic and tactical understanding for the project. C. City Staff participation for various components of the plan including strategic initiative clarity, budget and forecasting development, internet communications for strategic plan deployment etc. V. Describe your approach to working effectively with Ad-hoc committees. Attendance in community engagement presentations will be required. In preparing and implementing a living plan, stakeholder and community input is a critical element, particularly for a non-profit or public organization. Ad hoc committees provide effective forums for valuable dialogue and information exchange during plan development and throughout adoption and implementation. Ad hoc committee meetings would be properly scheduled and organized during the plan development process to ensure concise but clear communication of plan elements and feedback in a structured "charette" framework. Advance coordination with City staff as to the structure and membership of ad hoc committees is important to effectively manage expectations and achieve beneficial results. As with all meetings, it is always important to clearly communicate the specific goals and objectives for the particular session, acknowledge input, but remain ever respectful of members' time. Through decades of experience in public and corporate environs, we have a proven process for delivering professional and progressive meeting facilitation services. VI. Describe your approach to effective interaction with community groups. We have found that community engagement presentations offer immense opportunities and allow for important feedback as to the content, clarity, and communicability of any plan. These sessions should provide a comfortable but organized presentation framework and setting, which also needs to include clear messaging of plan elements and desired outcomes for the session. Structure and schedule for these sessions are important, but effective community forums can also integrate "break-out" displays for specific strategic plan elements, enhancing interpersonal contacts and increasing awareness and understanding. Community meetings must be timely but interactive across stakeholders and City staff. Community feedback must be documented but can be provided during the meetings in meeting minutes, video recordings, and through community feedback media and emails. Obtaining City feedback prior to and after the session is an important element. Continually recognizing the value of participation is key to achieving and sustaining plan buy -in at all levels. L 11 I. Provide an outline of quality control and procedures to coordinate the collection of public input. Corporate Leadership Group, LLC has an established and effective quality control process for collection of public input. While maintaining document control throughout the plan development process, we tailor specific data and information collection tools to the communities we serve. Depending on the project scope, budget, and client preferences, we can design data collection media electronically, through project web sites and project specific email, and through video recordings of key community and stakeholder meetings. At a minimum, detailed meeting minutes would be prepared and distributed. Print and electronic surveys may also be implemented. It is always important to design these data collection methods around the target audience — e.g. the community. As such, we can and have effectively implemented cost-effective collaborative processes including print media with client staff and local colleges and universities which were unique to communities but involved multi-lingual translations. II. Describe your approach to formatting City Council and City staff workshops. City Councils and City Staff represent a core group of knowledge and thought leaders integral to effectively developing and delivering a quality plan. As such, it is our job to harness that tacit experience and understanding in structured and professional forums. Advance coordination with City staff is important to effectively manage expectations and achieve beneficial results. These sessions would be structured in a "charrette" framework with clear communication of the specific goals and objectives for the particular session. Adherence to schedule is important to respect members' time. Through decades of experience in public and corporate environs, we have a proven process for delivering professional and progressive meeting facilitation services. 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. Corporate Leadership Group, LLC has developed multiple information management systems, each of which we customize for our clients. Information flow between the City Council, City Manager, businesses, and the public will be continually tracked developed through preparation of a communications plan and monitored through an information matrix, with all communications coordinated in advance by and through the City Manager and his staff. 12 13 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; 1. City of Torrance, Torrance California 2. Inland Valley Development Agency—San Bernardino, California 3. Sterling Construction Corporation $500M+ Nasdaq stock exchange — Houston, Texas 4. Ralph L. Wadsworth Engineering—$250M, 5 Time award winning Best of State Company, Salt Lake City UT John Bryson - Projects: 1. MetroGIS (i.e., the Twin Cities of Minnesota regional geographic information system) "A Methodology for Assessing Public Value"; Duration — 6 months Randall Johnson: johnsonRRKA@gmail.com 2. The Loft Literary Center, Minneapolis, MN (ongoing) "Developing a Business Model/Livelihood Scheme for The Loft" Jocelyn Hale:jhale@loft.org Michael Burrows - Projects: 1. Highest and Best Use Analysis (2007): BNSF Railway Company— California, Nevada, Utah 2. Strategic Plan (2009): Inland Valley Development Agency — San Bernardino, California 3. Property Management Proforma (2011): Iota Alpha Housing Corporation -- California 4. Asset Management Plan (2012): Oversight Board for IVDA — San Bernardino, California b. Brief project description 1. City of Torrance — Repair and restore an unsuccessful strategic planning project and implement plan across the spectrum of 50 key managers and 2,000 employees. 2. Inland Valley Development Agency — Design , develop, and deploy a strategic plan across two public, multi -jurisdictional joint powers authorities, and implement organizational development and management training processes for resident staff. 3. Sterling Construction Corporation — Design, develop and deploy 5 divisional strategic plans and a corporate plan that brought alignment among subsidiaries. Deployment includes companywide implementation utilizing a customized disciplined management system. 14 4. Ralph L. Wadsworth Engineering — Design, develop and deploy corporate strategic plans and bring alignment among departments and subsidiaries. Deployment includes companywide implementation utilizing a customized disciplined management system. c. Total project budget 1. City of Torrance -- 60k for Strategic plan design, completion and companywide deployment 2. Inland Valley Development Agency -- 60k for Strategic plan design, completion and companywide deployment 3. Sterling Construction Corporation -- 80k for Strategic plan design, completion and companywide deployment 4. Ralph L. Wadsworth Engineering -- 60k for Strategic plan design, completion and companywide deployment d. Project duration 1. City of Torrance -- 4 Months for plan repair and deployment 2. Inland Valley Development Agency — 4 Months for plan preparation; 6 months for deployment; 12 months for on-going organizational development 3. Sterling Construction Corporation -- 4 Months for plan creation and 1 Year for deployment 4. Ralph L. Wadsworth Engineering -- 4 Months for plan completion and 1 Year for deployment e. Names of firms of the team members 1. Corporate Leadership Group — G. LaFerla and ACM — Mary Giordano 2. Corporate Leadership Group—G.Laferla and Michael Burrows 3. Corporate Leadership Group — G.LaFerla and CEO Joe Harper Sr. 4. Corporate Leadership Group — G.LaFerla and CEO Kip Wadsworth f. References for each cited project 1. Mary Giordano 2. Michael Burrows 3. Joe Harper Sr. 4. Kip Wadsworth II. Provide a list and description of current projects 1. Turnaround and Strategic Planning/Management of Cypress Technologies: Oil/Gas Manufacturing 15 2. Corporate Development and Strategic Planning/Management of Bodell Engineering Services - Industrial Construction 3. Corporate Development and Strategic Planning/Management of JDH Holdings including 9 companies 4. Corporate Development and Strategic Planning/Management of Premier Transportation 5. Corporate development and leadership for high performance City model with City of Temple City, Temple City CA 16 17 E. Experiences in Controlling Project Cost/Design Schedule 1. 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. As a professional consulting firm with over 60 years of experience, Corporate Leadership Group, LLC takes pride in understanding our clients' needs at the inception of a project, then developing and delivering projects that meet and exceed expectations. Communication is the key to that success, as we have developed project tracking and billing systems for our clients that clearly demonstrate where we are, where we are going, and when we are going to get there - on time and within budget. We reinforce this progress regularly through client meetings and communications. II. Provide a statement of the firm's philosophy with respect to schedule control. Describe your approach to meeting the schedule for this process. "Know Thy Time..." We believe that there are always two sides to a schedule: the client and the deliverable, and it is our job to manage both. We work closely with our clients at the initial stages to clearly understand the project schedule, identifying and discussing any potential challenges or constraints and incorporating those expectations into our framework. Then, we continually monitor, update, and communicate our progress based on their operating procedures to ensure timely delivery. We would employ a similar approach to this project, and can accommodate the anticipated timeframe referenced in the Request for Proposals of Six to Nine Months. Given our availability and understanding of the project and capabilities of the team members and City Staff, we do not currently see any issues in meeting the required delivery date. 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; 1. City of Torrance, Torrance California February 2009 2. Inland Valley Development Agency— September 2009 3. Sterling Construction Corporation -- March 2010 4. Ralph L. Wadsworth Engineering—Annually since 2007-2013 b. The schedule for the complete process Because we invest in customization of our processes and products on a per -client and per - project basis, assessment of each client's internal and external needs, schedules, and completion milestones are different for each every project. All projects and individual phases thereof have been timely completed and delivered successfully within budget. In many cases, completion of a particular project resulted in award of an extension to a subsequent project or IN project phase. A brief synopsis is provided below. If any additional information is required, Corporate Leadership Group, LLC will respectfully provide upon request. 1. City of Torrance, Torrance California February 2009 2. Inland Valley Development Agency—San Bernardino, California September 2009 3. Sterling Construction Corporation $500M+ Nasdaq stock exchange — Houston, Texas March 2010 4. Ralph L. Wadsworth Engineering—$250M, 5 Time award winning Best of State Company, Salt Lake City LIT Annually since 2007-2013 c. List the completed deliverables; 1. City of Torrance—Strategic planning, Key Performance Indicators for all departments, training for 50 key managers, facilitation of Senior Management leadership meetings and deployment of plan across the spectrum of 50 key managers and 2,000 employees. 2. Inland Valley Development Agency— Strategic planning, Key Performance Indicators for all departments and all joint powers authority strategic priorities, training for 7 key managers, facilitation of Senior Management leadership meetings and deployment of plan across two joint powers authorities and 48 employees. 3. Sterling Construction Corporation —design, develop and deploy 5 divisional strategic plans, customized development and deployment of disciplined management process for use in plan deployment. 4. Ralph L. Wadsworth Engineering — design, develop and deploy 5 divisional strategic plans, customized development and deployment of disciplined management process for use in plan deployment. d. Budget established 1. City of Torrance -- 60k for Strategic plan design, completion and companywide deployment 2. Inland Valley Development Agency -- 60k for Strategic plan design, completion and companywide deployment 3. Sterling Construction Corporation -- 80k for Strategic plan design, completion and companywide deployment 4. Ralph L. Wadsworth Engineering -- 60k for Strategic plan design, completion and companywide deployment I. Process start and completion dates 1. City of Torrance, Torrance California February 2009—August 2009 2. Inland Valley Development Agency— September 2009 —November 2011 3. Sterling Construction Corporation March 2010 — December 2010 4. Ralph L. Wadsworth Engineering—Annually November 2012- March 2013 19 m 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. Corporate Leadership Group, LLC is a California corporation that was established in 2010 to carry on the same consistent work that was begun in 1988 with leadership coaching and strategic development for non-profit organizations, corporations, and public agencies. Mission: We develop our clients to reach their highest level of achievement and profitability. Organizational Core Values: Core Value 1: Winning through Results Core Value 2: Best of the Best Practices Core Value 3: Listening to Learn Core Value 4: Accountability for Results Core Value 5: Leadership and Humility Core Value 6: Discipline and Sacrifice Core Value 7: Relationship... Handshake Constituent parts: We employ what we call the best -of -best class members for various projects including professionals for board advice, strategic leadership, public administration, human capital, engineering, construction, law and compliance, public relations, sales etc. Clients' needs are a function of their respective markets and environs; therefore, we continually adapt and adjust to meet and exceed expectations. Size variation: We contract and expand on a per project basis. Our average size organization has a budget of $125M in revenue/funding with a range of $4M -$600M respectively. Therefore, we will employ as many as 10 and as little as 1 consultant dependent upon the project requirements. II. Provide a description of the organizational structure and staffing to be used for the project. Include an organizational chart. The organizational structure we have established will provide maximum flexibility and performance by facilitating full access to Gary LaFerla as lead consultant with John Bryson serving in strategic communications and plan -map design roles. Michael Burrows will provide general project management and transaction management support to the team with Gary as Senior Consultant to ensure execution of a complete, deliverable, and ready -to -deploy project. Pal Proposed Organizational Chart for Project Delivery City Council City of Temple City City Manager & Staff �orporate Leadership] Group, LLC 1 Gary LaFeda i Senior Consultant&1 Senior Consultant Author J ljohn Bryson I Michael Burrows a. The resume of the lead to be assigned to the project; Gary LaFerla — Lead Consultant 22 Gary brings to the Corporate Leadership Group a distinguished record of achievement, nationally as well as internationally. He has an extensive background in for-profit, municipal and non-profit sectors, embracing corporate business and leadership with 25 years' experience in leadership roles. As CEO -president, Gary has held complete responsibility for P&L, strategic planning, operations, business development, marketing and sales management. His successes include growing revenues, profits and stakeholder value at start-ups, turnarounds as well as at thriving organizations. He is recognized as a strong leader with the proven ability to develop relationships as a trusted advisor to Board of Directors, CEO's and their senior management teams, executing top-down organizational change that results in bottom line profitability. Gary has consulted to corporate boards and senior management teams that span virtually every business discipline and client base ranging from small businesses to Fortune 500 companies, non-profit organizations and municipalities. Gary possesses exceptional communication, strategic planning, problem resolution, and business development skills, including marketing, training and team building. His team -building strengths have created consensus around corporate initiatives, unproved execution and increased profitability. His scope of activity has embraced 30 countries throughout North America, South America, Europe, Asia, the Middle East and Africa. He has created and instituted business development processes that were used in 30 countries, with the focus on Fortune 100 commies. Gary LaFerla is also an accomplished motivational speaker, having given presentations in North America, South America, Asia and Great Britain with audience sizes ranging from the board room to 20,000 people, including live television coverage to 1 million viewers. He has been featured in numerous radio interviews on stations throughout the nation speaking on the topic of decision making and successful living. He's listed in Who's Who inAmerica. One of Gary LaFerla's notable accomplishments was being invited to eight White House Briefings with the president of the United States. The White House Office of Public Liaison also asked him to bring to these briefings CEOs of nationally recognized companies, where he hosted these events. An internationally published author, Gary's Finding Your Way enjoys distribution that spans 20 countries throughout North America, Latin America, Europe and Asia. The book is endorsed by Congressman andthree-time Olympian Jim Ryon An accomplished guitarist, Crary plays rock, blues, country and Latin styles. He has entertained audiences in the United States and Latin America and has toured with Guinness World Record "fastest flat -picking guitarist" and country music Artist of the Year. His professional music experience provides an excellent platform for mentoring, training and charting strategy with corporate leaders and their teams. Gary has the passion, energy and drive to develop leaders and their companies to reach their highest level of achievement and profitability. Mr. LaFada is the President of the Corporate Leadership Group. 23 Mut Clientsand Cdlezrg a Say: "Send Gary the check for that counsel. - .lack Welch, CEO Emeritus, General Electric 'Performed a miracle with orn board of directors" Fortune 500 Company on NYSE Stock Exchange 114 Godsend, Brought the right leadership team to our Council at the right time." International Airport embroiled in FBI investigation with national merha coverage "Turned around a tough CEO and bamformed mer Company" 01 Subcontractor for Walt Disney International "Thankyou for assisting us in aihacting national recognized leadership" White House Office of Public Liaison Notable Clients andCcacln"taeAssiRn tv Board of Directors 77ae Academy ofAumrds oflnterere ive Arts Chad Lewis NFL Football Player and Recipient of the 1999 Super Boal Title Cort Fumiture Senior Team Berkshire Hathaway - Iirm•ren Buffett Portfolio Company Gordon HefCern CEO — Emeritus, Eev Bank International Keith Lindner Owner — Cincinnati Reds Rich Snyder CEO - In n Out Burger Senior Team Psychiatric Solutions Ino. - Fortune 50 Company Industry Exnerieacc Global Transportation, Construction, Engineering, Gas, Oil Manufacturing, Automotive OEM, Entertainment, Government, Medical, Legal, rood Service, Architecture, Real Estate Development, Retail and IT services. 24 Rearesmutive Srtccessez Convinced directors to implement an international business strategy, rescuing company from a hostile takeover InternadonaRy Recogniaed'Automodve OEM Rescued a failed municipality strategic planning effort involving 50 top managers and 2000 employees Major Los Angeles County Municipality Increased revenues 375% and not income 3,665% over a 7 -year period $200M4ear and 5 time Best ojState Award Winning Company Resolved a management crisis and grew revenue 100% with a 25% Gross Profit in 15 Months 35 -Year -Old Gas and Oil Manujactming Company Turned around a law firm in 120 days, resulting in a cash sale of $4.5M 45 -Year -Old Los Angeles -based Law Firm Increased IT consultancy firm's cash position from $100K to $1M in 150 days New York -based IT Consultancy Firm Solta ims and Ccmpetetwier Execute successful turnarounds for teams and companies. Develop, deploy and execute strategic solutions to drive growth. Coach and mentor CEOs, boards, senior and mid-level management teams. Interim Director, CEO and COO. Perfom crisis mitigation and solution development for tough CEOs, senior teams, deadlocked boards, family-owned entities, city councils, municipalities and political officials. Develop and drive disciplined management systems companywide, improving execution and profitability. Teach and implement foundational management disciplines on a company -wide level. Coach and mentor young professionals for business and career development. Internationalist. AlRbatimr. Gary is a member of the HSM Global Business Forum (WOBI); a forum that hosts top business leaders and politicians from around the world. cautact lzurs tiro Corporate Leadership Group, LLC. Santa CWta, California 91321 CEO and President Gary C. LaFerla Email: GIt70),aol.com Cell: 330-962-7778 Office: 661-888-1047 http://corporateleadershipgroup.com FAi 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 Not Applicable. c. The resumes of the balance of the consulting team. Resumes for each of the following team members are attached as Appendix I in the pages that follow: 1. Professor John Bryson — Senior Consultant and Author [for full resume, go to: www.lihh.umn.edu/people/jmbryson 2. Michael Burrows—Senior Consultant FIR RESUA)s JOAN Al. BRYSON April 15, 2012 Present Positions McKrught Presidential Pmfessoi of Plamang and Pubhc Affairs HubertH HwnplueylnstituteofPublm Affaus 237 Humphrey Center University of Minnesota Mirneapohs, MN 55455 Office 611-625-5888 Email jmbgsonnumn edu Fax 612-625-6351 Graduate Faculty Nlember, Carlson School of Management, tTmversny of Minnesota since 1983) Degrees Awarded PhD, urban and regional planning, University of Wisconsin, Nfadison, 1979 NI S ,urban and regional planning, University of Wisconsin Madison 1974 NIA, public policy and admmisnation, University of Wisconsin, Madison, 1972 A A, economics Cornell University, 1969 Teaching, Research and Public Senice Interests Strategic management of public and non-profit organizations Public leadership Design of participation processes Organizational theory, design, behavior, development and change Project planning theory and practice Awards and Honors 1011 Dwight Waldo Award from the American Society for Public Administration given `lo persons who have made outstanding contributions to the professional literature of public administration over an ea2ended scholarly career of at least 25 years' 2008 Charles H Levine Memorial Award for Excellence in Public Administration given jointly by the National Association of Schools of Public Affairs and the American Society for Public Administration 2008 Award for Excellence in Historic Preservation from the Centre County (PA) Historical Society 2007 Named McKnight Presidential Professor of Planning and Public Affairs at the University of nfinnesota 2006 Distinguished Research Award grvenjormly by the National Asaociation of Schools of Public Affairs and Administration and the American Society for Public Administration _006 Name chosen for inscription on the University of Minnesota Scholars Wall: MA 20(16 Beat Conference Paper, Management Education and Development Diviston, 66a Annual Conference of the Academy of Management, Atlanta, GA- August 2006 21105 Elected Fellow, National Academy of Public Admimstrahon 200.5 Award for Best Artmlc in Volume 6 (20041 of Public Management Revitnn 2004 Contributor to book named an "Outstanding Academic TRIe` by the Association of College and Research Libraries 1997 Award for Best Book of 1995 from the Public and Nonprofit Division of the Academy of Management 1994 Award for Best Book of 1992 from the Public and Nonprofit Division of the Academy of Management 1993 Terry McAdam Award for the book published in 1992 that made the most "outstanding contribution to the advancement of the nonprofit sector" from the Nonprofit Management Association 1991 Contributor to book that was a finalist for the 1991 George W Terry Book Award given by the Academy of Management 1989-90 Char, Public Sector Division, Academy of Management 1990 Chester Rapkm Award for the best article in Volume 9 (1989-90) of the Journal ofPlamang Education and Research 1989 Award for Beat Book of 1988 from the Editorial Board of Arced Forces Comptroller, the Journal of the Ainerican Socrety of Military Comptrollers 1989 Contributor to book awarded an Honorable Mention in the Business and Management Category of the 1989 Professional and Scholarly Pubhcanons Awards given by the Association of Am mean Publishers 1938-89 Program Chair, Public Sector Division, Academy of Management 1988 Award for Best Article in Volume 53 (1987) of the Journal afthe American Planning Asa'ociatiun 1983 Best Paper Award, Public Sector Division, 43rd Annual Meeting of the Academy of Management 1982-3 President, 1, finncvota Chapter. American Society for Public Arlin mistration 1982 Named Emerging Scholar of the Year at the University of Minnesota by the Honor Society of Phi Kappa Phu 1981 Finalist, Annual International Prize Competition for the Most Original New Idea in Organizational Analysis and Design, sponsored by The Institute for Management Science 1930 Named to Outstanding Young Men in America 1978 General Electric Award for Outstanding Research in Strategic Planning tom the Academy of Management 1978 American Institute of Planners Outstanding Ph D Student Award M 1976-77 Ilenry J Vilas Fellow, Umversity- of Wisconsin, Madison 1965 Pennsylvania State Senatorial Scholarship 1965 National l\Qent Scholar Publications Books John Bryson Strategic Planningfor Public and Nonprofit Organizatuais, 40i Edition, San Francisco, CA Jossey-Bass, 2011 John Bryson and Farnum K Alston Creating four Strategic Plan, 3rd Edition. San Francisco, CA Jossev- Bass, 2011 John M Bryson, Sharon R. Anderson- and l ammo 1i Alston. Implementing and Sustaining Iour Stralegic Plan. San Francesco, CAJossey-Bass, _'011 Barbara Crosby and John Nd Bryson, Leadershipforthe Common Good, Second Edition San Francisco, CA 2008 John n-1 Bryson, Strategic Planning for Public and Nonprofit Organizahmis, Third Erhtion San Francisco, CA Jossey-Bass, 2004 -- Chinese language edition published by belong University Press, 2010 John M Bryson and Farnum R Alston, Creating and Implementing T our Stralegic Plan, Second Fdltion. San Francisco, CA Josey Bass, 2004 John lit Bryson, Fran Ackennann, Coln Eden, and Charles B Finn 67sible Thinking: Unlocking Causal Mapping for Practical Business Results. Chichester, England John Wiley, 2004 John Bryson, ed, Strategic Management in Public and l'oluntarm Services—A Reader Oxtbrd England Elsevier Science Ltd, 1999_ John M Bryson and Farnum R Alston, Creating and Implementing lour Strategic Plan, San Francisco, CA Jossey-Bass, 1996 John M. Bryson- Strategic Plannmgfor Publie and Nonprofit Organizations, Revised Eddion San Fmncroo, CA Jossey-Bass. 1995 (This book was named the Best Book of 1995 by the Public And Nonprofit Division of the Academy of Management) --Romanian language edition published in 2002 m Bucharest by Editum ARC John M Bryson, ed, Strategic Planning for Public Service and Non -Profit Organizations. Tarrytown, NY Pergamon Press, 1993 John M Bryson and Barbara C Crosby, Leadership For The Common Good — Tackling Public n-ob@aur in a Shared -Power !World San Francisco, CA Jossey-Bass, 1901 (This book was given the 1993 Terry McAdam Award "for outstanding contribution to the advancement of the nonprofit scan- from the Nonprofit Michael P, Burrows 11108 West Crescent Avenue, Redlands, California 92373 916/468-2677 1 michael.burrows(Wrne.com SUMMARY • Established management, transportation, and development professional with accomplishments in both private and public sector arenas, including public-private partnerships and multi -jurisdictional plans and programs. • Successfully managed major rail, intermodal, airport, commercial, industrial, and office assets and projects throughout planning, entitlement, construction, and leasing/sale. • Developed and implemented domestic and international financing and Incentive programs to support large scale public- private partnerships and Infrastructure development portfolios, including 1031 exchange transactions. • Supervised various entitlement and construction projects under CEQA and NEPA, as well as Federal, State and local permitting for over $180M in public infrastructure and over $1.513 in private construction/investment. • Enhanced participation and investment In regional joint powers authorities and inter -agency agreements to facilitate creation and retention of 4,000 direct jobs and over $5.5B in assessed valuation within a 14,000 acre project area, now home to Fortune 100 and 500 companies • Created and managed Federal, State and local legislative programs and initiatives, including special State legislation preserving over$5M annually in local funds. • Constructed and implemented multi -jurisdictional Strategic Plan and Implementation Plans. • Proven results in general management, asset management, real estate, contracts, public-private partnerships, and organizational development • Experience with public agencies, local boards and commissions, public and private finance, human resources, marketing, property management, as well as real estate, redevelopment, economic development, and public contract law. • Experience with administration, implementation, and compliance with a variety of Federal, State and local grant programs. • Board Member, Leonard Transportation Center, California State University, San Bernardino. • Board Member, Inland Valley Development Agency Oversight Board. • Representative to Inland Action, Inc., a non-partisan organization of business and community leaders. • Southwest Chapter of the American Association of Airport Executives. PROFESSIONAL EXPERIENCE INLAND VALLEY DEVELOPMENT AGENCY, Deputy DirectorlAssistant Director San Bernardino, California, September 2005 -present • Serve as the deputy director for two regional joint powers authorities charged with the conversion and privatization of a 2,100 acre former Air Force Base and a 14,000 acre project area; annual operating budgets over $9m and over $75m in capital projects, with a total project area assessed valuation of over $5B. • Responsible for management, business operations, public-private partnerships, economic development, contract negotiations, disposition and development agreements, lease and development projects, and preparation and administration of budgets and various capital projects. • Coordinated the entitlement of over five million square feet of new commercial and Industrial development and over $180M in public infrastructure improvements. • Negotiated and implemented over $50M in inter -agency agreements, transportation, utility transfer, planning, tax Increment, development impact fee, and other economic development programs and initiatives. • Developed and managed Federal and State legislative initiatives and programs including special State legislation. • Involved in over $100M in local) financings, and completed a $162M Tax Allocation Bond issuance. • Constructed and implemented a comprehensive multi -agency Strategic Plan. • Coordinate with elected officials, staff, businesses, and non-profit organizations, including federal and state officials, agencies, counties, and local municipalities 30 THE STAUBACH COMPANY, Transaction Manager, BNSF, Southwest Corporate Services San Bernardino, California, March 2003 -August 2005 • Served as Manager for lease, facility development, and real estate needs for BNSF Railway Company's portfolio of assets in the State of California, as well as Nevada, and Utah • Supported BNSF Facilities Development (Intermodal, Transload, Automotive), Engineering, Public Projects, Commuter Rail, Signal and Telecommunications. • Negotiated leases, land exchanges, acquisitions, sales, easements, permits, reviewed and drafted commercial contracts. • Coordinated environmental and local entitlement, eminent domain, pre-emption, and property acquisitions for major facility development projects, including third main track expansions in Southern and Central California, as well as an integrated Southern California transioad facility • Administered lease/contract compliance and code enforcement for more than 187 firms • Involved in budgetary tracking and review of construction projects, grant accounts, and other capital improvement projects • Coordinated with elected officials, staff, and community representatives within the State of California and corporate client management, including federal and state agencies, counties, and local municipalities INLAND VALLEY DEVELOPMENT AGENCY, Real Property Specialist/Staff Analyst II/Staff Analyst I San Bernardino, California, October 1997 -March 2003 • Served in four positions with increasing levels of responsibility over time • Handled project management for lease and building rehabilitation of 1,800 acre industrial property and FAA Part 139 Airport • Involved in utility and entitlement processes for conveyance of 600 acre property to private developer Administered capital improvement projects and code compliance upgrades on existing facilities • Reviewed corporate financials, negotiated lease terms, reviewed and drafted Airport and commercial contracts, lease agreements, marketing strategies Requests for Proposals, and grant applications • Administered lease/contract compliance and code enforcementfor more than 60 firms • Served as coordinator for $7 6M demolition project • Conducted legislative and market analysis Involved in budgetary tracking and review of grant accounts, low -mod, and capital improvement projects • Served as site coordinator for Airport, commercial, and film industry tenants on 2,100 acre site. • Coordinated with elected officials and staff within regional joint powers authority, including four local municipalities, as well as County, State, and Federal entities EDUCATION PETER F DRUCKER GRADUATE SCHOOL OF MANAGEMENT (Claremont, California) Masters in Business Administration (MBA), Concentration in Management (2005) CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO Bachelor of Arts in English Literature, Bachelor of Arts in Creative Writing (1997) PROFESSIONAL SKILLS • Effective management, leadership, finance, budgetary, and communication skills • Collaborative and results -oriented approach to multi -jurisdictional challenges and opportunities • Experience in a variety of intergovernmental and transportation fields, traversing a broad spectrum of local and community - oriented programs and initiatives • Experience in commercial, corporate, airport, and governmental asset management and real estate capacities • Proven track record for successful and timely entdjement and implementation of key local and regional strategic planning, public infrastructure, facility, and community projects and programs • Experience with Foreign Trade Zones, Enterprise Zones, LAMBRA, international contract negotiations, and related programs 31 Ill. For the lead individuals indicate an estimate by name of the percentage of that person's time that will be devoted to the process. Given Mr. LaFerla's understanding and commitment to this project, he will be able to devote 70% out of 100% of the total allocable time to this project. IV. Separately describe the experience and background qualifications of the members of the project team functioning together on similar projects. The background information on Corporate Leadership Group, LLC and the team members is provided in Section IIc. In 2009, Mr. LaFerla and Mr. Burrows worked together on a comprehensive Strategic Plan for the Inland Valley Development Agency (IVDA), a multi -jurisdictional joint powers authority charged with the conversion of the former Norton Air Force Base. Implemented in 2010, deployment of that Strategic Plan has advanced over $80 million in new public infrastructure improvements, attracted over 3 million square feet of new commercial and industrial development, including major distribution and E -Commerce fulfillment centers, and facilitated the creation and retention of over 5,500 direct jobs. 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. As Corporate Leadership Group, LLC is an established service provider for corporate, non-profit, and governmental clientele, the current client needs projected during the term of the proposed contract involve privately -held companies. To the extent possible, Corporate Leadership Group, LLC will provide all information legally available. 1. Turnaround and Strategic Planning/Management of Cypress Technologies: Oil/Gas Manufacturing — Repeated Association {Per terms of Agreement - $ value not quoted} 2. Corporate Development and Strategic Planning/Management of Bodell Engineering Services - Industrial Construction Repeated Association {Per terms of Agreement - $ value not quoted 3. Corporate Development and Strategic Planning/Management of JDH Holdings including 9 companies Repeated Association {per terms of Agreement - $ value not quoted) 4. Corporate Development and Strategic Planning/Management of Premier Transportation Repeated Association {Per terms of Agreement - $ value not quoted) 5. Corporate development and leadership for high performance City model with City of Temple City, Temple City CA Repeated Association {Per Agreement — City is Client: Contract is at $29k through City FY 2012-13) 32 33 I. Provide a current annual report or audited profit and loss statement. This information must be provided under a separate cover—stamped confidential. A Profit and Loss Statement for Corporate Leadership Group, LLC is attached. II. Amounts and carriers of both general and professional liability insurance. Pursuant to Section 7 of the Request for Proposals (RFP) Document, Section 7. INSURANCE AND INDEMNIFICATION, and the referenced provisions in the Section 16 "Indemnification" and Section 17 "Insurance" sections in the Standard Agreement (per Attachment "A"' to the RFP), Corporate Leadership Group, LLC maintains a policy(ies) of insurance coverage equivalent to the following; $100M/$300M General and Professional Liability {policy bound and held with Farmers Insurance} We can add additional liability coverages, as required, in the event that our proposal is accepted and a contract is awarded. 34 35 I. List exceptions, if any, to the Standard Agreement. Given the unique opportunity and potential we see for this project, Corporate Leadership Group, LCC desires to include this project in the University textbook Strategic Planning for Public and Nonprofit Organizations, 6th Edition (2013-14). See Notes contained in Fee Proposal. 911 37 CORPORATE LEADERSHIP GROUP, LLC 25146 Running Horse Road, Santa Clarita CA 91321 T-661-888-1047 GLF7@aol.com aol.com May 3, 2013 Mr. Jose Pulido City Manager City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 RE: CORPORATE LEADERSHIP GROUP PROPOSAL FOR SERVICES 2013-2014FY Dear Mr. Pulido: Corporate Leadership Group, LLC is pleased to submit this fee proposal to you and the City of Temple City for services in the 2013-2014 Fiscal Year. Services include: Implementation of the AMP - Disciplined Management System, Execution of City of Temple City Strategic Planning Project, Departmental Operational Strategic Plans and Leadership Development with Management, Staff and Council. We look forward to working with you and your qualified staff in helping to define and shape the great and vibrant future of the City of Temple City for the benefit of the community and its businesses and residents. Thank you for your time and consideration. If you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, Gary LaFerla Corporate Leadership Group, LLC Proposal for Consultative Services Corporate Leadership Group. LLC - FY 2013-2014 The purpose of consultative services is to fulfill the mission through the improvement of staff performance and the execution of all strategic plans. The following services will be performed by Corporate Leadership Group to achieve this mission: 1. Comprehensively implement the "Disciplined Management System -AMP" on a staff wide basis for all 4 departments throughout the year. (See schedule under AMP schedule for staff on page 3 below). 2. Achieve cultural consistency and high accountability through rigorous adherence to our process of goal setting and AMP meetings. 3. Deploy the "City of Temple City" Strategic Plan and all Strategic Operational Plans. 4. Complete operations, process and system troubleshooting, development for execution of the Strategic Plan. AMP — Advanced Management Program Meetings for department heads and staff: • Execute monthly meetings that include the following deliverables: 1) strategic plan updates, 2) goal setting, 3) goal accountability and 4) training in the 6 functions of management: (Communication, Planning, Organization — Time Management, Human Capital, Accountability and Leadership). • Together with department heads and CM, perform 2 on 1/1 on 1 coaching with key staff to improve performance, troubleshoot - solve performance issues and develop high accountability. • Conduct leadership development training with key programs that include: film training, textbook instruction, personal coaching for effectiveness, DISC Training for communication and improved management. (Staff retreats will be conducted as approved by CM). • Perform leaderslup coaching with the City Manager and Directors to improve collaboration and execution. Leadership coaching includes feedback sessions, training for improved execution and customized training as required to fulfill City strategic goals. Corporate Leadership Group Council Forums: • Improve collaboration and goal execution of Council through the exposure and training using Best of Best Leadership practices from leading executives and educational institutions. • Leadership programs include team training and facilitation, customized workshops and 1 on 1 coaching and feedback surveys. Retreat events may be conducted as approved by Council. • Educational materials include but are not limited to: film, video, textbook, case studies, surveys, assessments and DISC training. AMP - Schedule for Staff: Directors and Team Meeting Schedule: Planning meetings and coaching throughout the year with CM, Department Heads and Staff: 1/2 day to 1 day per month as needed or requested by City leadership plus: June 2012 — 2 days: Conduct AMP Meetings with 4 departmental teams. July 2013 —1 day: Conduct AMP Meetings with Directors 1/2 day followed by'h day with selected departmental team. August 2013 — 2 days: Conduct AMP Meetings with departmental teams. September 2013 —1 day: Conduct AMP Meetings with Directors 1/z day followed by Y2 day with selected departmental team. October 2013 — 2 days: Conduct AMP Meetings with departmental teams. November 2013 —1 day: Conduct AMP Meetings with Directors 1/2 day followed by 1/2 day with selected departmental team. December 2013 — 2 days: Conduct AMP Meetings with departmental teams. January 2014 -1 day: Conduct AMP Meetings with Directors 1/z day followed by'h day with selected departmental team. February 2014 - 2 days: Conduct AMP Film training meetings with departmental teams. March 2014 —1 day: Conduct AMP Meetings with Directors 'h day followed by'h day with selected departmental team. April 2014 — 2 days: Conduct AMP Meetings with departmental teams and film training follow up. May 2014 —1 day: Conduct AMP Meetings with Directors '/z day followed by'h day with selected departmental team. Cost of Services for AMP consultative services in FY 2013-2014 $50,000.00 Corporate Leadership Group Council Forums continued — Ouarterly Meetines: Planning meetings and coaching throughout the year with Council or CM -1 /2 day to 1 day per month as needed or requested by City leadership plus: August 2013 —1 day: Conduct closed session forum with Council. November 2013 —1 day: Conduct closed session forum with Council. February 2014 -1 day: Conduct closed session forum with Council. May 2014 —1 day: Conduct closed session forum with Council. 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