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HomeMy Public PortalAbout13) 10A Approval of an Annual Consultant Services Agreement with the Temple City Chamber of CommerceAGE -NDA ITEM 10 .A . MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: August 5, 2014 TO: The Honorable City Council FROM: Donald E. Penman, Interim City Manage ~ SUBJECT: APPROVAL OF AN ANNUAL CONSULTANT SERVICES AGREEMENT WITH THE TEMPLE CITY CHAMBER OF COMMERCE RECOMMENDATION: The City Council is requested to: a) Approve a Consultant Services Agreement with the Temple City Chamber of Commerce for economic development services in an amount not to exceed $70,000, payable in 12 monthly installments of $5,833 .33 for Fiscal Year (FY) 2014-15; and b) Authorize the Interim City Manager to finalize and execute the Consultant Services Agreement with the Temple City Chamber of Commerce. BACKGROUND: 1. Since July 19, 2011, the City Council has instituted an annual, sole source consultant services agreement with the Temple City Chamber of Commerce (Chamber) for business promotion and public information services . This arrangement provided a basis for the City's annual fiscal year funding of $70,000, imposed performance metrics for the delivery of services, and clarified the Chamber's role as an economic development consultant to the City. 2. On August 6, 2013 , the City Council approved the annual Consultant Services Agreement with the Chamber for FY 2013-14 and directed the City Manager to work with the Chamber's Executive Director to prepare, as part of the City's FY 2013-14 mid-year budget process, an amended scope of services that directly aligns the Chamber's Five-Year Strategic Plan with the City's upcoming Five-Year Economic Development Strategy. 3. On November 18, 2013, the Chamber held a special Board of Directors Meeting to City Council August 5, 2014 Page 2 of 4 discuss the annual consultant services agreement with the City. The purpose of the special meeting was to continue the discussion on the City's Five-Year Economic Development Strategy Plan and the Chamber's own Five-Year Business Plan. 4. On December 12, 2013, Executive Director Peter Choi, submitted the Chamber's Five Year Business Plan (i.e., Chamber's Five-Year Strategic Plan) (Attachment B) to then City Manager Jose Pulido and Assistant to the City Manager/Economic Development Manager Brian Haworth. 5. On January 9, 2014, then City Manager Jose Pulido and Assistant to the City Manager/Economic Development Brian Haworth met with the Chamber representatives (i.e., Chairman Rita Padilla, Past Chair Nicholas Pon, and Executive Director Peter Choi) to discuss, among other things, the recommended actions to be presented at the January 21, 2014 City Council meeting. 6. On January 21, 2014, the City Council directed staff to circulate a Request for Proposals (RFP) for consultant-provided economic development services, with solicitation to include Temple City Chamber of Commerce, and directed staff to present in April-as part of the Fiscal Year (FY) 2014-15 City Budget process-a recommended scope for FY 2014-15 economic development services, based on the most successful RFP response. 7. On June 3, 2014, the City Council approved the Fiscal Year (FY) 2014-15 City Budget which appropriated $80,000 for economic development advisory services. ANALYSIS: The draft annual Consultant Services Agreement (Agreement) with the Chamber for 2014-2015 incorporates most of the same provisions as the agreements the City Council approved for the Chamber in 2012-2013 and 2013-2014. Some of the special tasks from 2013-2014 includes requiring the Chamber to complete a Five-Year Strategic Plan by December 31, 2013 (i.e., completed and submitted to the City on December 12, 2013) and assisting the City on civic projects impacting the business community such as the Rosemead Boulevard Safety Enhancement and Beautification Project. The remaining tasks are a continuation of services the Chamber has provided in 2012- 2013 and 2013-2014: • Publish the monthly Temple City Life newspaper, and continue online ads and e- blasts for members. Update the monthly Business Directory; • Promote good business relations within Temple City by attending, participating in, or holding the following events or initiatives; • Communicate legislative updates to City and the business community; City Council August 5, 2014 Page 3 of4 • Engage in regional discussion of economic issues of importance to City and surrounding region; • Field public inquiries, and provide resources to business owners; • Assist City on civic projects impacting the business community such as, but not limited to, the Las Tunas Safety Enhancement and Beautification Project and the General Plan Update; and • Seek new ideas and innovative ways to promote their business members and enhance the image of the Chamber of Commerce in the community and the greater San Gabriel Valley area. Demonstrate a leadership role in the promotion of business members' projects through business trips, trade missions and public appearances. Although the majority of the Chamber tasks remain the same, there is an opportunity at this time to widen the scope of services the Chamber provides. On January 21, 2014, the City Council directed staff to circulate a RFP for consultant provided economic development services, with the provision that the Chamber of Commerce be provided an opportunity to respond. The intent was to solicit proposals in February with a recommendation for a consultant by April, so that funds could be included in the FY 2014-15 Budget. However, due to the departure of the then City Manager, and other priorities, the RFP was not distributed. As a result, funds were again budgeted for FY 2014-15 for a Chamber contract with a similar work program as the prior 2013-2014 year. Initiatives not addressed in the proposed agreement is whether the Chamber should take a lead role in a Business Visitation Program (if there is a desire to have such a program) and in general executing a more comprehensive outreach effort. Furthermore, the Chamber, according to the January 21, 2014, City staff report, indicated that they may not have the staffing resources or the technical expertise to take on these initiatives. The Chamber has a CEO, who works approximately thirty (30) hours per week and a full-time administrative person, therefore, the Chamber's current staffing level and their Five-Year Strategic Plan may not be aligned with the concept of an economic development program (provided through a consultant contract) the City may have envisioned. For example, the Chamber has indicated that their primary mission is to promote the local business community and their Strategic Plan reflects this as a priority and presumably this is one of the primary reasons their members join the Chamber. However, from a more global perspective, a comprehensive economic development strategy would encompass a greater array of programs that address business retention and attraction. Therefore, the question is whether the Chamber should be asked to take on a greater role; and do they have the capacity with their current resources. Or should the contract dollars provided by the City be allocated to the Chamber but with a different work program? City Council August 5, 2014 Page 4 of 4 CONCLUSION: The City Council is requested to approve the annual Consultant Services Agreement with the Temple City Chamber of Commerce (Chamber) for economic development services in an amount not to exceed $70,000, payable in 12 monthly installments of $5,833.33 for Fiscal Year (FY) 2014-15. Going forward, the City Council should determine if you wish to see a different scope of services from the Chamber for the $70,000 contract amount FISCAL IMPACT: This item does not have an impact on the FY 2014-15 City Budget as on June 3, 2014, the City Council approved the FY 2014-15 City Budget which included $80,000 for economic development advisory services. ATTACHMENTS: A Draft Consultant Services Agreement between the City of Temple City and the Temple City Chamber of Commerce B. Chamber of Commerce Five Year Business Plan ATTACHMENT A CONSULTANT SERVICES AGREEMENT By and Between THE CITY OF TEMPLE CITY, a municipal corporation and TEMPLE CITY CHAMBER OF COMMERCE AUGUST 5, 2014 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND TEMPLE CITY CHAMBER OF COMMERCE This Agreement for Consultant Services ("Agreement") is entered into as of this 5th day of August, 2014 by and between the City of TEMPLE CITY, a municipal corporation ("City") and the Temple City Chamber of Commerce, a non-profit organization ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City desires to contract with Consultant for business promotion and public information services. B. 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 "Tetmination of Agreement" of tllis 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. SECTION2. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services" and made a part of this Agreement. - I - SECTION3. 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 incun·ed 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. SECTIONS. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Consultant's work under this Agreement, either during perfonnance 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 mistalces as amount to fi·aud. Acceptance of any of Consultant's work by City shall 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. -2- SECTION6. 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 tum over to City all such original maps, models, designs, drawings, photographs, studies, surveys, repmis, 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?. 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 tlus 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 docwnents 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 docwnents 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. - 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 confen·ed 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. SECTION9. 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 -4- 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. 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 seg., 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. - 5 - (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private patiies 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. SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All infmmation 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 oppmiunity 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 Liability. 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 at1Y 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 Liability. Other than in the performance of professional services at1d to the full extent permitted by law, Consultant shall -6 - 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, 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 perfmmance 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 te1m 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 -7 - 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 assigmnent 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. SECTION20. 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. SECTION21. 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 tenninate this Agreement under Section 20. Any failure on the -8- part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver ofthe City's legal rights or any rights arising out of any provision of this Agreement. SECTION22. 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. SECTION23. 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. SECTION24. 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: To Consultant: City of Temple City Attn: City Manager 9701 Las Tunas Dr. Temple City, CA 91780 Temple City Chamber of Commerce Attn: CEO/President 9050 Las Tunas Dr. Temple City, CA 91780 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. SECTION25. 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. - 9 - SECTION26. 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 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. SECTION27. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SECTION28. 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. SECTION29. 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. SECTION30. 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. SECTION31. 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 au award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION32. 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 -10- 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. SECTION33. SEVERABILITY. 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 By: ____________ _ Eric S . Vail City Attorney -11 - CITY OF TEMPLE CITY By: ___________ _ Donald E. Penman Interim City Manager CONSULTANT By: ______________________ ___ By: ______________________ __ Its: ____________________ ___ 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. -12- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On , __ before me, , personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the 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 pers on(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 valuab le to persons re lying on the document and could prevent fraudulent reattachment of this form CAP A CITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORA T E OFFICER TlTLE(S) PARTNER(S) 0 0 ATTORNEY-IN-FACT TRUSTEE(S) LIMITED GENERAL 0 0 0 0 0 GUARDIAN/CONSERVATOR OTHER~---------------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DO CUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES Consultant will perform the following services: TASK 1: TASK2: TASK3: Publish the monthly Temple City Life newspaper, and continue online ads and e- blasts for members. Update the monthly Business Directory. Publication targets: Article targets: 12 monthly issues per year (Temple City Life). 130 City, 75 TCUSD/community organizations, and 175 business focused activities (Temple City Life). Consultant will ensure that all mass mailings are published and distributed in accordance with the restrictions in Government Code Section 89001 and 2. Cal. Code of Regs. 1890 I and any other applicable laws and regulations. Promote good business relations within Temple City by attending, participating in, or holding the following events or initiatives. Chamber Networking Events Grand Openings Business Expo Welcome Basket Program Educational Seminars Hold quarterly Chamber mixers for local businesses. Attend and promote the opening of new businesses (as needed based on new businesses openings in Temple City). Host an annual expo providing local businesses with the opportunity to promote themselves and learn about other local businesses. Continue the program to simultaneously welcome new businesses -and promote current member businesses and organizations -with delivery of a welcome packet containing information and promotional items. Host infonnational seminars on subjects of interest to the business community (as needed based on request of members and developers in the community). Communicate legislative updates to City and the business community. Government Affairs Participation in: State of the County Breakfast; San Gabriel Valley Legislative Coalition; San Gabriel Valley Economic Partnership; Cal Chamber events; SoCal Chamber events; Valley Economic Development Center events; and county and regional meetings/programs sponsored by local elected officials, e.g., Congresswoman Judy Chu, State Senator Carol Liu, etc. (provided that these events are not cancelled due to matters beyond Consultant's control). TASK4: TASKS: TASK6: TASK 7: Engage in regional discussion of economic 1ssues of importance to City and surrounding region. Regional Outreach Participation in: Valley Association of Chamber Executives; and neighboring San Gabriel Valley cities1 chamber mixers and events. Field public inquiries, and provide resources to business owners. Business Liaison Communicate with existing and prospective businesses. Provide business referrals and resources. Business Facilitator Explore leads from entrepreneurs, businesses and developers for the establishment of new businesses in Temple City; forward to City Manager's office for follow-up. Business Awareness Solicit local businesses to join City and community programs in association with City departments and the Los Angeles County Sheriffs Department. Community Inquiries Field community calls for available resources and programs. Answer questions on business opporttmities, investment opportunities and municipal services. Advise City and community groups as requested. Correspondence Provide delegation letters and certificates of origin upon request. The Chamber shall be the exclusive provider of delegation letters and certificates of origin for City and shall not charge recipients for such letters and certificates. Assist City on civic projects impacting the business community such as, but not limited to, the Las Tunas Safety Enhancement and Beautification Project and the General Plan Update. Seek new ideas and innovative ways to promote their business members and enhance the image of the Chamber of Commerce in the community and the greater San Gabriel Valley area. Demonstrate a leadership role in the promotion of business members' projects through business trips, trade missions and public appearances. Consultant shall provide City Manager with four professionally written quarterly reports no later than September 15, 2014, December 15, 2014, March 15, 2015 and June 15, 2015. The reports shall document activities perfmmed by the Consultant during the reporting period using this Scope of Services and its metrics as a reporting template. This Scope of Service including tasks, 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. Completion of the Scope of Service shall be June 30, 2015, at which time this Agreement is terminated. EXHIBIT "B" COMPENSATION Consultant shall be paid $5,833.33 at the beginning of each month of the term of this agreement. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. Line items for all supplies properly charged to the Services. Line items for all travel properly charged to the Services. Line items for all equipment properly charged to the Services. Line items for all materials properly charged to the Services. Line items for all subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. The total compensation for the Services shall not exceed $70,000 as provided in Section 4 of this Agreement. 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 msurance: l. Minimum Scope of Insurance. Coverage shall be at least as broad as: (l) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Insurance Services Office fotm number CA 000 l (Ed. l/87) covering Automobile Liability, including code l "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. Dming 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: (l) 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 dan1age. 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. (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 Liability and Automobile Liability 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 a±Iorded 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 Employer's Liability 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 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. I. 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. ATTACHMENT 8 1 Temple City Chamber of Commerce Business Plan (July 2014-June 2019) 5YEAR BUSINESS PLAN 9050 E. Las Tunas Drive Temple City, CA 91780 www.templecitychamber.com Dec. 12th, 2013 Temple City Chamber of Commerce Business Plan (July 2014-June 2019) TABLE OF CONTENTS Executive Summary (page 3) Mission Statement (page 4) Strategic Overview (page 5) Business Plan (page 6) Recent articles (page 10) Appendix (page 12) 2 Temple City Chamber of Commerce Business Plan (July 2014-June 2019) EXECUTIVE SUMMARY Board Chair Chief Financial Officer Vice-Chair Membership Vice Chair Legislative Vice Chair By Laws/ Past Board Chair Board Member Board Member Board Member Board Member President/C.E.O. Interim Office Manager Rita Padilla Margaret Healy Jane Chavez Ed Chen Nicholas Pon Brian Barreto Jim Walden Chee-Sum Tan Judy Huie Mena Peter Choi Trish O'Brien 3 Temple City Chamber of Commerce Business Plan (July 2014-June 2019) MISSION STATEMENT 4 Founded in 1924, the Chamber of Commerce is the main business organization for and strives to reflect the diverse, creative, dynamic, and unique character of the city ofTemple City. With great schools and a low crime rate attractive to young families, the Chamber works every day to promote Temple City as a sensational place to do business because this is where we thrive and where we come together to suppmt one another. Joining the Chamber taps members into a diverse non-profit organization which includes not just small businesses, professional services and larger institutions, but also local churches, community groups, and non-profits. We create a pool of resources from which can be drawn ideas, energy, and fmances for the betterment of our conununity. The Chamber seeks to work harmoniously with its membership and other responsible constituencies in the community as an organization with a special role of leadership in our area. We seek to be progressive and .innovative. We also exist to promote our area so many are encouraged to shop, dine, and become familiar with the many attractions ofthe Temple City area. We support programs to assist and inform businesses and residents of issues that include crime prevention, city ordinances, and small business management issues. This 5 Year Business Plan is presented to provide vision and serve as a road map for the future growth and development of the Chamber of Commerce and the business community of Temple City. Temple City Chamber of Commerce Business Plan (July 2014-June 2019) STRATEGIC OVERVIEW As the Chamber approaches its 90th year of existence, the organization finds itself re-energized with new wind in its sails as it continues progress on building Chamber infrastructure to enable taking on more challenges. The Chamber must find a way to balance continued delivery of essential organization defining services of a traditional Chamber of Commerce while building capacity to assist the City of Temple City's still undefined broader economic objectives. While this 5 Year Business Plan serves as a road map, the Chamber must be ever diligent to catch and ride new waves as the business landscape changes due to new economic forces in the regional economy and ever new developments in technology and how we live our lives. 5 A major part of the next few years will be looking inward to the organization's operating culture. Simply put, taking on new challenges requires A) the active participation of Board members, and B) greater responsibility, increased oversight, and additional man hours from the Chamber's chief executive director. Unlike other community volunteer/service organizations, the Chamber's Board is comprised of working members of the business community, but each Board member must find their path to contributing either Time, Talent, or Treasure (i.e. volunteer hours, special skills, or sponsorships). This is in conjunction with the Chamber Leadership's continued focus on tiscal responsibility and developing new revenue enhancement opportunities. The Chamber currently operates with two patt-time employees. One is the office staff who is desk bound for receptionist duties, walk-ins, scheduling and essential paperwork/billing matters. It is essential that the Chamber transition the position of President/CEO to a full time position with commensurate salary to enable their executive director to take on additional responsibilities and actions beyond the organization's current busy and diverse scope of services, even as they oversee the day-to-day management and direction of a busy non-profit. Finally, it is important to note that this 5 Yr. Business Plan is for the Chamber of Commerce, an independent non-profit, and while it is created with an anticipated eye to alignment with the City ofTemple City's more broad scoped, city-wide, all-encompassing 5 Year Economic Strategy Plan (5YES) still in development by the City's paid professional consultants Rosenow Spevacek Group (RSG), it remains unclear how the City's large scale concerns may align with the Chamber's more limited mission. (Visualize the Chamber as a small speed boat cruising the wake of a large shipping liner called the S.S. Temple City.) Once the RSG 5YES plan is presented to the City Council and the Chamber receives a copy, the Chamber may consider revising our own 5 year business plan to compliment the City's broader objectives and goals. Temple City Chamber of Commerce Business Plan (July 2014-June 2019) Temple City Chamber of Commerce BUSINESS PLAN A 5 Point Plan of Action for the Next 5 Years 1. Chamber Organization 2014: Review and Update By-Laws. Vice Chair By Laws and Chamber President to present recommendations by April20 14. 2014: Continue focus on fiscal responsibility & research new revenue enhancement opportunities 2014: Southern California Gas Company (SoCalGas) Advanced Meter AMPOE Program roll out. 2014: Continue Website Re-design. Incorporate advertising and new media links. 2014: Incorporate student volunteers into Chamber activities. 2015: Continue Website Re-design. Link to City Biz website (pending completion of City website) 20 15: Create signature annual fundraising event 2015 Develop and implement revenue enhancement opportunities 2015: Create Volunteer Program (Junior Chamber of Commerce) Establish Chamber as certifYing organization for The President's Volunteer Service Award. Interns learn valuable life skills. 2016: Continue Website Re-design. Enable interactive elements TBD. 2016: Implement signature annual fundraising event 2016: Review revenue enhancement opportunities 2016: Develop Business mentor program. 2017: Create second annual fundraising event 2017: Develop & implement investment possibilities for surplus revenue (long term planning) 20 17: Continue Website Re-design. Review website for re-design. 2018: Implement non-profit/private partnerships 2018: Implement revised revenue plans & investment strategies 2018: Continue Website Re-design. Update website. 2. Chamber Board of Directors 2014: Increase Board of Directors. Recruit more Business Owner Board members. Double current Board size pending By-Laws review. 6 Temple City Chamber of Commerce Business Plan (July 2014-June 2019) 7 2014: Develop & implement Board member incentive & appreciation. (i.e. possible discount on Annual Membership up to $100 etc.) 2014: Activate responsibilities of Vice Chairs: -Vice Chair-By Laws to review & recommend update By Laws (working with Chamber President) -Vice Chair-Legislative to co-ordinate with LA County Sheriffs on Temple Station's Business Watch Program (public information & event planning) -Vice Chair-Membership to co-ordinate Quarterly Mixer (host search, event planning & public information) 2015: Implement Board discount 20 15: Vice Chairs to recruit membership onto committees 2015: Implement Annual Mandatory training for Board members. Capacity Building session following annual election of new Board Officers 2016: Strategic Planning Weekend Retreat. 2016: All Board Committees (per By Laws) active. 2017: Establish 7 District Representatives. (Rosemead North, Rosemead South, Las Tunas West, Las Tunas East, Temple City Blvd., Lower Azusa, Baldwin) 2017: Review Board Committee activity and areas of improvement. 2018: All Board seats filled. 2018: Develop possible cross national Board membership. 3. Membership 2014: Promote membership benefits & attract new members. See "Appendix: Return on Investment (ROI)" & "Appendix: Membership Statistics". 2014: Research and develop New Social Media & Emerging Technology opportunities TBD (ongoing) 2014: Develop & implement new Value Added programs and benefits for members (Ongoing) 2015: Research New Media platforms/resources. Develop Temple City business app. 2015: Research cross national memberships in foreign cities/countries with business interest in Temple City and San Gabriel Valley Temple City Chamber of Commerce Business Plan (July 2014-June 2019) 2016: Implement Temple City business app. 2016. Develop cross national membership program. Position Temple City as regional gateway to foreign investment. 2017: Implement cross national membership program. 2018: Build on Temple City international membership program. 4. Economic Development 2014: Develop and execute a Business Visitation Program. Designated Board member will lead effort to visit at least one (I) business per week (50/year). Depending on availability, other Chamber Board members & City staff are welcome to join for the meeting. Details to be worked out may include a brief survey/questionnaire. Request for action on issues to be forwarded to appropriate City department via City ED Manager. 2014: Continue to assist City effort to out source filming permits and location recruitment services. (FILM LA). Assist Film LA (create buzz & showcase city.) See "Appendix: FilmLA & Economic Benefits ofLocal Filming". 2014: Continue to assist City on Civic Projects (i.e. Gateway Project, Rosemead Blvd. Improvement Project). 2014 -Vice Chair-Legislative to co-ordinate with LA County Sheriffs on Temple Station's Business Watch Program (public information & event planning) 2015: Pursue outside financial resources tor economic development initiatives Participate in activities that promote foreign investment. 2015: Support business attraction and retention. Continue to develop Chamber's capacity to serve as an economic development ally of City. 2015: Assist with expansion ofFilmLA to TCUSD. 2016: Link Chamber website to City website/ biz portal. 2016: Assist City efforts to build relationships with real estate and leasing brokers. 8 2017: Position Temple City as a destination. Assist promotion of community events that attract new visitors thru Temple City Life & Social Media. 2017: Foster a supportive business-friendly environment. Support City developed business promotional campaigns through Temple City Life and Social Media. Temple City Chamber of Commerce Business Plan (July 2014-June 2019) 2018: Invest in infrastructure that directly supports economic investment. Assist in efforts to initiate construction of the Las Tunas streetscape and revitalization project. Assist with Public Information thru Temple City Life & Social Media. 2018: Develop strategic partnerships to drive economic impact. Appoint Chamber Leader to seat on Advisory Board of Business Improvement District. 5. Temple City Life 2014: Continue to revamp newspaper as entertaining and informative news source. See "Appendix: Temple City Life Mission Statement & Appreciation". 2014: Increase advertising revenue. Themed Ad Packages. See "Appendix: Affordable Marketing". 2014: Develop Real Estate & Business/Retail Leasing section 2015: Hire Sales Associate. (Membership & ad sales.) 2015: Implement Real Estate & Business/Retail Leasing section 20 15: Research & Develop new media delivery of newspaper 2016: Research hiring of part-time Editor/Publisher 2016: Possible implementation ofNew Media delivery system. 2017: Continue to revamp newspaper as entertaining and informative news source. 2017: Research viability of Chinese language newsletter 2017: Research & develop possible cross national member news/advertising potential 2018: Possible implementation of one off or quarterly Chinese language newsletter. 2018: Implement cross national news/advertising opportunities 9 Temple City Chamber of Commerce Business Plan (July 2014-June 2019) BusinessWeek Bloomberg Businessweek RECENT ARTICLES "Bloomberg Businessweek article" Guiding Chinese Tourists Through Beverly Hills' Rodeo Drive By Karen E . K le in November 18 , 2013 10 California's tourism businesses are cashing in on growth across the Pacific: China became the state's No . 1 overseas visitor market last year, overtaking the U.K. In 2012 an estimated 677,000 Chinese tourists spent almost $2 billion in California, a 31 percent increase over 2011. The numbers are on track to grow by double digits again this year, according to hospitality industry group Visit California. Almost half of alJ Chinese visitors to the U .S. go to the state , the group says. While large hotels, brand-name retailers, and theme parks such as Disneyland and Universa l Studios attract the cross-Pacific visitors, an increasing number of small, largely immigrant-owned businesses are also vying to sell tours, meals, and merchandise to Chinese tourists . Take Therese Liu, a T aiwanese native who arrived in the U.S. as a student in 1993. After working in marketing and as a hospital interpreter, she started a shopping tour business in 20 l 0 that uses the tag line "Dim Sum and Then Some." A t least three times a week, Liu guides wealthy Chinese visitors through the high-end retailers on Beverly Hills' Rodeo Drive, navigating them through stores such as Louis Vuitton (MC:FP), Gucci (KER:FP), Prada (1913:HK), and Rolex. She charges $50 a head ($40 for gro ups of four or more) for half-day tours and gets commissions of 5 percent to 20 percent from the retailers, depending on what and how much is purchased. Managing expectations can be a c hall enge. "The first question every Chinese person asks-no matter where they are from-is 'Can you get me a discount?"' Before the expedit ions begin , Liu explains that Rodeo Drive sales clerks will not bargain on price. The good news, she tells them , is that they can trust that all the merchandise they buy is real. When she secures t hem glasses of champagne and bonus gifts, Liu's clients come away happy. Even those who don't open their wallets usually get product samples handed out in branded shopping bags that become coveted status symbo Is back home. Liu is often called on to speak to retailers eager to capture the new tourists, who spend on average $6,000 each while in the state. She tells them to stock iconic American-made brands, Temple City Chamber of Commerce Business Plan (July 2014-June 2019) particularly watches, gold jewelry, health supplements, and red wine-along with suitcases to carry the purchases home. U ncensored Mandarin-language newspapers and magazines, as well as pornographic magazines and sex toys, are also highly coveted, she says: "There's a lot of curiosity." 11 That spills over into almost every sector, including local government. Jennifer Davis is the director of community development for the city of San Gabriel, which was once known for being the home ofthe Mission San Gabriel, founded in 1771. Now, the Los Angeles County suburb of 40,000 residents is an epicenter of Chinese tourism , with more than 100 Chinese restaurants lining a one-mile commercial strip , six Chinese grocery stores, and 33 Asian banks, Davis says. Many visitors ask to tour City Hall. "The mayor or one of the council members will take them through. They're fascinated with how local government works here," she says. Roger Tsai, who emigrated to the U.S. from Taiwan 30 years ago as a graduate student, runs a Chinese-language website that markets iPads and computers from his Right Track Computer store in San Gabriel alongside links that would-be visitors can use to book one-to three-day tours to outlet malls, loca l attractions, and Las Vegas. He started the website five years ago and says it is known throughout China. Before they leave, visitors often fulfill their social obligation to buy gifts for neighbors, relatives, local officials, colleagues, and supervisors. Some buy large numbers of popular products and resell them when they get home, Liu says, because even luxury goods purchased in California cost about one-third of what they cost in China, because of import taxes. "They buy what they need, stick it all in the suitcase, and head to the airport," says Peter Choi, president and chie f executive officer of the Temple City Chamber of Commerce, anot her Los Angeles suburb increasingly o ular with tourists from Asia. The immigrant business owners know not to judge customers on what they are wear ing, but Liu says she often has to rem ind American-born retailers that Chinese tourists wearing casual vacation clothes may be wealthy individuals. "Someone who looks like a country bumpkin may be a big shopper buying for his entire village," Liu says. "I had one woman who shopped Rodeo Drive fi:om 10:30 a .m. to 5:30p.m. She spent $30,000 in one day." K aren Klein Klein is a Los Angeles-based writer who covers entrepreneurship and small-business issues. Temple City Chamber of Commerce Business Plan (July 2014-June 2019) APPENDIX Membership Statistics Membership Return On Investment (ROI) Temple City Life and Chamber of Commerce Website Temple City Life "Affordable Marketing" Temple City Life Mission Statement & Appreciation FilmLA & Economic Benefits of Local Filming 12 Temple City Chamber of Commerce Business Plan (July 2014-June 2019) Membership Statistics The Chamber currently has 242 members. Businesses (147) Financial Institutions/Banks ( 4) Non-Profit/Service Groups (47) Residential ( 44) 13 Generally. Chambers wish to achieve a 20% penetration. For Temple City that would be 180 members, so we are on track with expectations. That said, the Chamber must continue to attract new members while keeping our eye on membership retention. The difficulties faced by small business owners in the post-recession appear to have bottomed out, but future membership strength resides in the attraction of new small business members. To this end, the Chamber will continue to sponsor and partner on activities with visible public awareness like the Lunar New Year Street Fair and similar events of interest to the business community. Goal: 275 members by June 2015 325 business members by June 2016 An active membership attracts new membership. The Chamber pro-actively encourages involvement of its members, especially Board Officers, in activities that help increase awareness for the businesses such as writing expert articles for Temple City Life, attending networking mixers, educational seminars, and Chamber events. Temple City Chamber of Commerce Business Plan (July 2014-June 2019) Membership Return On Investment (ROI) Top Ten Reasons to Join the Temple City Chamber of Commerce 14 1. Visibility & Awareness. FREE listing in the Business Directory found in each month's issue of the popular and widely read Temple City Life newspaper published by the Chamber of Commerce. FREE Member Spotlight feature article in Temple City Life to profile and introduce new members to the Temple City residential and business community. 2. Value: Discounts at Office Depot (in store and online). Special member rates for use of Conference room facilities. Reduced booth rentals at Chamber sponsored street events. Use of Chamber table/booth space at City events (as available). 3. Marketing. FREE listing on the Temple City Chamber of Commerce website. FREE link to business from the Chamber website. 4. Promotion. FREE display for your cards and flyers in our Chamber front office. Articles in Temple City Life on business special news/events. 5. Referrals. The Chamber receives many requests for referrals from walk-in visitors, by telephone and e-mail. We only recommend member businesses. 6. Discounts. Members receive discounted advertising rates in the Temple City Life newspaper which is available throughout the city and on our website. 7. Networking. Our popular Quarterly Mixers help raise business profile while networking & mixing with other Temple City business folic FREE to members. 8. Education. Informative seminars to help build a stronger, smatier business community. FREE to members. 9. Access. Members enjoy greater access to our City Council members, community organizations, schools, and local law enforcement. 10. Happiness. You are not alone. Let the Chamber help you grow your business. Temple City Chamber of Commerce Business Plan (July 2014 -June 2019) Temple City Life & Chamber of Commerce Website Temple City Life and the Chamber ofConunerce website are the Chamber's 2 biggest assets. 15 As the only monthly newspaper devoted exclu sively to news about Temple City, the Temple City Life is invaluable for promotion, communication and news & events of importance to reach out to the cominunity residential and business community. The Chamber successfully re-designed our website to present an organ ization's new image and to allow an enhanced viewer experience. W ith easy-to-read menus and simplified access routes, the www.templecitychamber.com has drawn rave reviews and is we ll positioned to further accommodate new developments and directions in new media and technology. Temple City Chamber of Commerce Business Plan (July 2014-June 2019) Temple City Life "Affordable Marketing" Putting a Face on Temple City Businesses and Business People (Special Thanks to Temple City Life Managing Editor Philip Pettus) 16 Creating a favorable business climate and a sense of community are obvious goals ofTemple City government, goals it achieves in great part through the Chamber of Commerce. A community of successful businesses helps maintain and increase city revenues as well as provide a sound base of participation and leadership for city programs and activities. Temple City Life's goal is to provide business people with an affordable and appropriate means of advertising their business as well as helping business people to become a more familiar face and personality in the community. In tandem with the news of government, recreation, education, and social events, business news can be more useful to the average person rather than tucked away in some "dry" business journal. Every successful business needs to be known and appreciated by its customer base as well and to attract buyers. Small businesses need the availability of affordable print advertising as well as support for their online prospects. Online advertising is not a complete replacement for print media when seeking to attract walk-in and call-in customers. The Temple City Chamber of Commerce's efforts to help businesses in marketing themselves will be enhanced by regularly presenting business people and promotions in Temple City Life as well as online. Thus, we have developed themed ad packaging and news packaging. News of advertisers working complemented by display ads enables business people to keep a presence in front of readers every month. Businesses that choose to advertise have an affordable method of getting their news before the general public as well as the reinforcement of regular advertising. In addition, we have a goal of mentioning members in our business coverage through well-written short features, photos of business people and promotions, columns that promote wise buying, selling and marketing and head and shoulder photos of business people. Hence the slogan, Putting a Face on Temple City. Of course, everything that is done in print is also available online. We are working to develop a reference listing of all businesses mentioned in Temple City Life indicating which monthly issue and page the business is mentioned or is the subject of a news story. Past issues of Temple City back through 2007 are available online now. Other features that can be developed are a regular standing business column featuring free plugs and pats on the back, quarterly news updates on commercial real estate inventory and quarterly news reviews of small business services offered by independent and one-employee operations. These are trial-and-develop projects that are designed to draw interest into the Chamber while helping small businesses to survive and thrive. Temple City Chamber of Commerce Business Plan (July 2014 -June 2019) Temple City Life Mission Statement & Appreciation 17 The Temple City Chamber of Commerce is conunitted to producing the best publication, growing it , and getting full value for our efforts, far beyond the simple profit and loss statement. It is important for all interested parties to appreciate and be aware of the following: 1. Temple City Life is the vehicle the Chamber owns for defining this community and the Chamber's value to the conununity.lt is a huge presence in the community. Temple City Life is about and for Temple City exclusive ly and exists for no other purpose and no other community. It is not one little spoke in someone else's wheel. It is the entire wheel and the hub is the Temple City Chamber ofConm1erce. 2. Temple City Life exists to accomplish the following objectives: • Strengthen the Chamber of Commerce by defining the city and Chamber's role in it. • Offer local members and businesses an affordable print advertising vehicle . • Build a sense of community by informing the public of activities and services and documenting the significant events through pictorial and prose reports . • Put a face on the business community by pictorial reports of commercial events and people. • Recognize achievers and by doing this, gently encourage others to do likewise . • Tnform the public of issues from a positive and supportive perspective. • Be a historical document of significant city events. • Serve the community's residents, members, and businesses whenever possible. 3. It is against these objectives that we should appraise whether or not any issue of Temple City Life is doing what we want it to do. 4. Other publications covet what Temple City Life has: credibility and market penetration. That's why each of them wants a piece of the action and always will. That's why other Chambers of like-size cities covet what Temp le City has. 5. Temple City Life has achieved its standing because it is produced by people who exclusively love Temple City and care about the community from a big-picture and long-range sense as well the momentary and seasonal sense. It also is achieved by people who are uniquely knowledgeable and skilled beyond what you will find available from any other publishing business. 6. No other publication has the value and reputation Temple City Life has for being the publication that celebrates who and what Temple City is and why it is special. 7. No other publication in town has the ability to offer members, institutions and businesses an opportunity to advertise at a favorable rate to reach the Temple City market. Temple City Life's ad rates are far less than what it would cost to advertise in the Star News, SGV Tribune and Temple City Tribune. Local merchants ne ed to reach local residents and Temple City Life is their best option. Temple City Chamber of Commerce Business Plan (July 2014-June 2019) 8. Temple City Life is a customized, monthly publication under the complete control of the Chamber staff, with a flexible working schedule and changeable priorities and options, assembled much like a daily newspaper is, only it's done once a month. Editorial control and flexibility as well as content are decided upon, often on the fly, by people who are close to the city and the action. 9. The City ofTemple City and the Chamber Board of Directors should take a big picture view and realize what it has and owns in light of these qualifications. The Chamber is far more important, useful and present because of Temple City Life. 18 This publication is of value because all those objectives and attributes are the reasons for its existence and why we are popular with advertisers. And there has been a lot ofthought put into it as well as the fruits of Managing Editor Philip Pettus' personal knowledge guided by experience. Temple City Life strives within our limitations of budget and deadlines to make it the best that it can be. I have not seen another publication in the area that is its equal. -Peter Choi, Editor/Publisher Temple City Chamber of Commerce Business Plan (July 2014-June 2019) Film LA & Economic Benefits of Local Filming 19 The Chamber continues working with the City to promote Temple City as a filming location. After years of very little filming, the recent positive experience of hosting the movie "Kitchen Sink" shooting on multiple locations across the city demonstrated the viability of the Chamber's position that attracting and enabling local filming is an economic boon to the city. Certainly, the many attractive aspects ofthe city, including, but not limited to its parks, homes and thoroughfares (especially the redesigned City Council Chambers and the soon-to-be completed Rosemead Blvd.) are perfect for TV shows, films and commercials. However, the fact that Temple City has been underused as a filming location bodes well for future filming as production companies are always eager to shoot in new locations. The city is also located within the 30 mile radius covering Hollywood unions & guilds. A major step forward in attracting production companies to shoot in Temple City is contracting with FilmLA to handle the film permit process for all buildings/parks run by the City, i.e. Temple City Park, City Hall etc. The Chamber has been aggressive in promoting this partnership. Economic Benefits of Local Filming: A. Location permit fees generate income for the City. B. Supplemental location spending supports the local economy. Production crews spend money on everything from food/drink/coffee to hardware and items for props & costumes etc. C. Raise awareness ofTemple City while boosting local pride. D. The possibility of being used in an iconic fashion can assist in creating a "niche draw" in the city. E. Producers are always eager to find new places to shoot and Temple City is well positioned as it has not really been used much. It can also be beneficial to local homeowners and businesses as Producer/Directors on location scouts often will discover private (i.e. non-city owned) properties during their location scouts to shoot in and negotiate a deal with the business or home owner. FilmLA can also contract with the TCUSD to handle filming at school properties owned by the schoo I district.