HomeMy Public PortalAbout07) 7.F. Avant-Garde AgreementMANAGEMENT SERVICES DEPARTMENT
DATE: December 4, 2012
TO: The Honorable City Council
MEMORANDUM
FROM: Jose E. Pulido, City Manage
AGENDA
ITEM 71.
SUBJECT: AUTHORIZATION TO APPLY FOR ADDITIONAL GRANT FUNDS FOR
THE LAS TUNAS DRIVE SAFETY ENHANCEMENT AND
BEAUTIFICATION PROJECT AND AWARD OF A PROFESSIONAL
SERVICES AGREEMENT TO AVANT-GARDE TO PREPARE MULTIPLE
GRANT APPLICATIONS FOR THE 2013 MTA CALL FOR PROJECTS
RECOMMENDATION:
The City Council is requested to:
a) Authorize the City Manager to submit up to three grant applications for the Las
Tunas Drive Safety Enhancements and Beautification Project through the 2013
Los Angeles County Metropolitan Transportation Authority (MTA) Call for Projects
that are due to MTA by January 18, 2013; and
b) Award a professional services agreement to Avant -Garde, Inc. (i.e Avant -Garde) in
an amount not to exceed $30,000 for grant writing services for the submittal of
multiple grant applications to the 2013 MTA Call for Projects (Attachment A) for the
Las Tunas Drive Safety Enhancements and Beautification Project and the Urban
Greening Communities Program.
BACKGROUND:
1. On September 22, 2011, the City received a $2,250,000 grant award through the 2011
MTA Call for Projects for the Rosemead Boulevard Safety Enhancement and
Beautification Project and Avant -Garde, prepared the grant application.
2. On June 19, 2012, the City Council approved the Fiscal Year (FY) 2012-13 City
Budget which included a $500,000 appropriation for Phase One of the Las Tunas
Drive Safety Enhancement and Beautification Project redesign which includes: Pre -
Design; Schematic Design; and Design Development. Design Development does
not include construction drawings which will take place in Phase Two.
City Council
December 4, 2012
Page 2
3. On July 3, 2012, Mayor Yu appointed Mayor Pro Tem Sternquist and himself to
serve on the Las Tunas Drive Streetscape and Pedestrian Improvement Ad Hoc
Committee (i.e., Ad Hoc Committee),
4. In September 2012, the City received $479,000 in state Bicycle Transportation
Account (BTA) funds to support its Bicycle Master Plan implementation of which
$185,000 is designated for Las Tunas Drive and Avant -Garde, prepared the grant
application.
5. On October 22, 2012, the City was awarded $598,300 of Highway Safety
Improvement Program (HSIP) funds to complete signal upgrades and installation of
pedestrian countdown heads on Las Tunas Drive from Rosemead Boulevard to
Temple City Boulevard and Avant -Garde, prepared the grant application.
6. On October 23, 2012, the City awarded an architectural design contract to
Freedman Tung + Sasaki Urban Design for Phase One of the Las Tunas Drive
Safety Enhancement and Beautification Project in the amount of $457,036, which
will allow the City to conduct two community meetings, prepare schematic and
design drawings, and assist with the preparation of grant applications for multiple
funding categories all prior to the January 18, 2013 Metro Call for Projects deadline.
7. On November 2, 2012, Avant -Garde attended the project development team
meeting and provided information on the upcoming 2013 MTA Call for Projects and
identified areas in which Las Tunas Drive could potentially compete well for a portion
of the approximate $186.5 million of State, Federal and local funds to be made
available for transportation related projects.
8. On November 14, 2012, the City held its first community input meeting. Nearly 200
local residents and business owners attended and shared their ideas for how to
transform Las Tunas Drive into a more inviting, pedestrian -friendly destination.
9. On November 14, 2012, Avant -Garde submitted a grant writing proposal to the City
Manager for City Council consideration (Attachment "A").
ANALYSIS:
The 2013 MTA Call for Projects (i.e., grant applications are due by January 18, 2013) is
the program where a significant amount of grant funds (i.e., between $3 million and $6.5
million) could be awarded for the purpose of converting Las Tunas Drive from an auto
oriented thoroughfare into a sophisticated pedestrian friendly downtown with all of the
amenities and safety enhancements available today that will have a lifespan of 50 years
or more. Funds are awarded by MTA to the most regionally significant projects in
several different categories (i.e., Pedestrian Improvements; Transportation
Enhancement Activities; Bicycle Improvements; Regional Surface Transportation
Improvements, Goods Movement, Signal Synchronization, Transportation Demand
Management and Transit Capital). Hence, the City can submit multiple grant
City Council
December 4, 2012
Page 3
applications with necessary project study information for the same project in different
categories.
With the goal of submitting multiple grant applications through the 2013 MTA Call for
Projects, the City retained the services of an architectural design firm (i.e., Freedman
Tung + Sasaki Urban Design) to redesign Las Tunas Drive with the community's input
into a complete street project that provides the foundation for a more vibrant downtown.
This firm was hired by the City to prepare schematic and design drawings for the City's
submittal of multiple grant applications to the upcoming 2013 MTA Call for Projects.
Upon completion of the schematic design and preliminary cost estimate by Freedman
Tung + Sasaki Urban Design in December 2012, the Las Tunas Drive redesigned
project elements and costs will be evaluated by Avant -Garde, Inc. to determine which
MTA modes this project will be the most competitive. Based on the availability of funds
and history of competitiveness in each of the Metro Call for Projects modal categories,
the project can be submitted in the: Pedestrian Improvements; Bicycle Improvements;
and Transportation Enhancement Activities modal categories.
• The Pedestrian Improvements category provides capital funds for the
construction of projects that improve the pedestrian environment in order to
promote walking as a viable form of transportation. Eligible projects may include:
sidewalk construction, extensions and widening; curb ramps (as part of sidewalk
reconstruction); enhanced pedestrian crossing features; landscaping; signage;
lighting; and street furniture. Improvements must be for the use of the general
public and located within a public right of way, in a public easement, or some
other guarantee of public use. The grant award ceiling is $3 million and requires a
20% match City match (e.g., $600,000 from Proposition C and Measure R funds).
• The Transportation Enhancement Activities modal category provides provisions
for facilities for pedestrians and bicycles, preservation of abandoned railway
corridors, acquisition of scenic or historic sites, scenic or historic highway
programs, landscaping, streetscapes and scenic beautification, historic
preservation, rehabilitation of historic transportation buildings, control and removal
of outdoor advertising, archeological planning and research, environmental
mitigation to address water pollution due to highway runoff, safety and educational
activities for pedestrian and bicyclists. Grant applications can range from
$500,000 to $1 million and requires a 20% City match (e.g., $100,000 to $200,000
from Proposition C and Measure R funds).
• The Bicycle Improvements modal category funds projects that provide access
and mobility for local and regional bicycle travel, gap closures that connect
bikeway networks, on -street improvements to transit hubs, high-capacity bicycle
parking, and innovative projects that promote bicycling. Rehabilitation,
Restoration, and Resurfacing (3R) are eligible as a component of a larger project.
The award ceiling is $2.5 million and requires a 20% City match (e.g., $500,000
from Proposition C, Measure R or TDA Article 3 funds).
City Council
December 4, 2012
Page 4
In light of the success that Avant -Garde has with the City of Temple City in securing
over $5 million in grant funds for various projects (Attachment `B"), staff is requesting
that the City Council enter into a professional services agreement with Avant -Garde to
prepare multiple grant applications for the upcoming Las Tunas Drive Safety
Enhancements and Beautification Project in an amount not to exceed $30,000 (e.g., up
to $28,000 for the MTA Call for Projects and up to $2,000 for the Urban Greening
Communities Program - Attachment "C" program description)
CONCLUSION:
Over the past few months, Avant -Garde, Inc., has been working with the City Manager
to identify potential funding sources as well as developing a funding strategy for the Las
Tunas Drive Project. Essentially, the Las Tunas Drive Safety Enhancement and
Beatification Project provides the City with the perfect opportunity to revitalize the City's
downtown from an auto oriented thoroughfare into a destination place. In order to
secure more grant funds to fully fund this project, the City needs to retain the services of
a grant writing consultant (i.e., Avant -Garde, Inc.).
The City Council's approval of the recommended actions will allow the City Manager to
submit up to three applications in the 2013 Metro Call for Projects and to seek additional
funding for the Las Tunas Drive Safety Enhancements and Beautification Project.
FISCAL IMPACT
On June 18, 2011, the City Council approved the Fiscal Year (FY) 2012-2013 budget
includes funding for grant writing services (i.e., $15,000 for grant writing services and a
reallocation of $13,000 from the City web page project [services can be paid over three
years and not one year as was budgeted] all within the Management Services
Department Budget).
ATTACHMENT(S)
A. Proposal dated November 14, 2012 from Avant -Garde for preparation of the grant
application(s) for the 2013 Metro Call for Projects.
B. List of Grants successfully obtained for Temple City by Avant -Garde
C. Urban Greening Communities Program Description
PROFESSIONAL SERVICES AGREEMENT
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By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
Avant -Garde -Inc.
-I-
Attachment A
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
AVANT-GARDE INC.
This Agreement for Professional Services ("Agreement") is entered into as of this 4th day
of December, 2012 by and between the City of TEMPLE CITY, a municipal corporation ("City")
and Avant -Garde Inc., a grant writing consultant ("Consultant"). City and Consultant are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to
as the "Parties."
RECITALS
A. The Agreement provides that Consultant will assist the City in the
preparation/submittal of grant applications (i.e., 2013 Call for Projects and the Urban Greening
Grant Program), coordinate with designated City Staff/Consulting Team to obtain the
information required for development of project scope and all required attachments; and attend
project development team meetings/review existing studies and plans related to the Las Tunas
Drive Project.
B. Consultant, following submission of a proposal 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
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Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
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 thirty thousand dollars ($30,000), 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
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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
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
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parry. Access to such documents and records shall be granted to City, as well as to its
successors -in -interest and authorized representatives.
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
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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.
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 S�Mc., 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.
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(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.
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 Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
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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 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
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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
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
RIV #4838-6958-3880 v1 -8 _
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.
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: Avant -Garde Inc.
3670 W. Temple Avenue, 4278
Pomona, CA 91768
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
RIV #4838-6958-3880 vi
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.
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.
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.
RIV #4838-6958-3880 vl -10-
SECTION 33. 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
L-2
Its:
CITY OF TEMPLE CITY
D
Its:
Jose Pulido, City Manager
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
RIV#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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
RIV 94838-6958-3880 v 1
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 #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
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following:
A. Preparation and submittal of the program application(s), which consists of three
parts: 1 -General application, 2 -Financial plan, 3 -Completion of the modal
category application along with appropriate attachments including project location
map. The application will be submitted on-line as required by Metro in addition to
two (2) hard copies of the application and a CD that will be hand delivered to
Metro.
B. Coordination with designated City Staff/Consulting Team to obtain the
information required for development of the project scope and all required
attachments. This information includes, but is not limited to: conceptual project
renderings and/or illustrations, preliminary cost estimates, including a breakdown
of all phases of the project, the type/amount of match funds, project schedule, and
obtaining letters of support, etc.
C. Attendance at Project Development Team Meetings, review of existing studies
and plans related to Las Tunas Drive and preparation of funding feasibility
analysis.
D. Preparation of the Concept Proposal for the Urban Greening Grant Program.
H. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A. Copies of submitted applications for the Metro Call for Projects
B. Copy of the concept proposal submitted for the Urban Greening Grant Program
C. Funding feasibility analysis
III. The tangible work products and status reports will be delivered to the City pursuant to
the following schedule:
A. Metro Call for Project will be submitted by January 18, 2013.
B. Concept Proposal for the Urban Greening Grant Program will be submitted by
February 2013.
6876 v1
LA #4814-2021-6581 v1
A-1
C. Funding feasibility analysis will be completed by March 2013.
IV. 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.
6876 v1
LA #4814-2021-6581 v
A-2
EXHIBIT "B"
COMPENSATION
I. Consultant shall use the following rates of pay in the performance of the Services:
A. Proeram Director $130
B. Prop -ram Manaaer $110
C. Grant Writer $95
D. Proeram Assistant $60
II. 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.
III. The total compensation for the Services shall not exceed $30,000, as provided in
Section 4 of this Agreement.
RIV 44838-6958-3880 v
B-1
EXHIBIT "Cl,
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:
1. Minimum Scoue 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 V
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 Coveraees
(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 Coveraee. 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.
RIV 44838-6958-3880 vl
C-2
C. Other Reauirements. 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.
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.
RIV 1483&6958-3880 v1
C-3
AVANT
G A R D E
November 14, 2012
Jose Pulido, City Administrator
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Attachment B
Subject: Fee Proposal for Preparation of the Grant Application(s) for the 2013 Metro
Call for Projects.
Dear Mr. Pulido:
It is with great pleasure that I provide you this proposal to prepare a grant application(s)
for the 2013 Metro Call for Projects Program. We have prepared this fee proposal,
which will address the following: (A) our proposed scope of work, (B) the project
schedule, and (C) our consulting fees.
A. Scope of Work
Our services will include the following:
Preparation and submittal of the program application(s), which consists of three
parts: 1 -General application, 2 -Financial plan, 3 -Completion of the modal
category application along with appropriate attachments including project
location map. The application will be submitted on-line as required by Metro in
addition to two (2) hard copies of the application and a CD that will be hand
delivered to Metro.
Coordination with designated City Staff/Consulting Team to obtain the
information required for development of the project scope and all required
attachments. This information includes, but is not limited to: conceptual project
renderings and/or illustrations, preliminary cost estimates, including a breakdown
of all phases of the project, the type/amount of match funds, project schedule,
and obtaining letters of support, etc.
Attendance at Project Development Team Meetings, review of existing studies
and plans related to Las Tunas Drive and preparation of funding feasibility
analysis.
3670 W. Temple Avenue #278, Pomona, CA 91768
tel: 909.979.6586 • fax: 909.979.6585 • www.avant-garde-inc.com
AVANT
G n R D f
B. Project Schedule
The grant application will be completed and submitted to Metro by the deadline of
January 18, 2013.
C. Compensation
Our fee will be billed on a not -to -exceed basis. The following is a breakdown of the
estimated hours required to complete the application(s).
Metro Call for Projects Application(s) Preparation:
Las Tunas Design Development Meeting(s) Attendance, Metro Call for
Projects Application(s) Coordination, review of feasibility studies prepared by
the City and preparation of funding feasibility including review of City budget
to determine match funds available as well as determining other
grant/funding sources:
A. Program Director
B. Program Manager
C. Program Assistant
$130 x 25 hours = $3,250
$110 x 25 hours = $2,750
$60 x 16 hours = $960
The application consists of three parts: General application, financial plan
and completion of the modal category application. We are offering a
discounted hourly rate for grant writing services at $95.
A. General Application: Program Manager $95 x 25 hours = $2,375.00
B. Financial Plan: Program Manager $95 x 10 hours= $950.00
C. Modal Category Application: Program Manager $95 x 45 hours = $4,275.00
The proposed total is $14,560. Should the City wish to pursue more than one application
under different modal categories, we are offering a reduced price of $6,500 for each
subsequent application.
If you have any questions or if I can be of further assistance, please feel free to contact
me at (909) 979-6587.
Sincerely,
Lissette Calleros
Vice President
3670 W. Temple Avenue #278, Pomona, CA 91768
tel: 909.979.6586 • fax: 909.979.6585 • www.avant-garde-inc.com
Acceptance of Proposal:
City of Temple City, Date
Attachment C
AVANT
G A R D E
List of Grants successfully obtained for Temple City by Avant -Garde
Agency Grant Program Project Grant Amount
Highway Safety Improvement
Congressional Earmark
Highway Safety Improvement
LACMTA Call for Projects
RAC State Grant
BTA - State Grant
BTA - State Grant
Highway Safety Improvement
Temple City Dr @ Las Tunas
Baldwin @ Olive
Rosemead Boulevard
Rosemead Boulevard
Rosemead Boulevard
Rosemead Boulevard
Rosemead Boulevard
Various Locations
Las Tunas Dr, Signal/Ped Upgarde
Total
3670 W. Temple Ave. #278, Pomona, CA 91768
lel: 909.979.6589 • tax: 909.979.6580 - www.avant-garde-inc.com
$177,180
$719,920
$340,000
$2,250,000
$110,250
$443,000
$479,987
$598,300
$5,118,637
�%,
A t t a c h m e n t D
A V ' A N t
C a l i f o r n i a N a t u r a l R e s o u r c e s A g e n c y
U r b a n G r e e n i n g f o r S u s t a i n a b l e C o m m u n i t i e s P r o j e c t G r a n t P r o g r a m
T h e U r b a n G r e e n i n g f o r S u s t a i n a b l e C o m m u n i t i e s P r o g r a m p r o v i d e s f u n d s t o p r e s e r v e , e n h a n c e , i n c r e a s e o r
e s t a b l i s h c o m m u n i t y g r e e n a r e a s s u c h a s u r b a n f o r e s t s , o p e n s p a c e s , w e t l a n d s a n d c o m m u n i t y s p a c e s ( e . g . ,
c o m m u n i t y g a r d e n s ) . T h e g o a l i s f o r t h e s e g r e e n i n g p r o j e c t s t o i n c r e m e n t a l l y c r e a t e m o r e v i a b l e a n d
s u s t a i n a b l e c o m m u n i t i e s t h r o u g h o u t t h e S t a t e .
E l i g i b l e A p p l i c a n t s : A c i t y , c o u n t y , s p e c i a l d i s t r i c t , o r n o n p r o f i t o r g a n i z a t i o n , o r j o i n t p o w e r s a u t h o r i t i e s w h e r e
a t l e a s t o n e e n t i t y q u a l i f i e s a s a n e l i g i b l e a p p l i c a n t .
A p p l i c a t i o n D e a d l i n e : T h e a g e n c y w i l l b e g i n a c c e p t i n g c o n c e p t p r o p o s a l s o n F e b r u a r y 1 5 , 2 0 1 3 . F o l l o w i n g a 2 -
3 m o n t h r e v i e w p e r i o d s u c c e s s f u l a g e n c i e s w i l l b e a l l o w e d t o s u b m i t a f u l l p r o p o s a l .
G r a n t A m o u n t : T h e r e i s n o m i n i m u m o r m a x i m u m g r a n t a m o u n t . I n a d d i t i o n , m a t c h i n g f u n d s a r e n o t
r e q u i r e d , h o w e v e r t h e y a r e e n c o u r a g e d .
P r o j e c t s : - U r b a n G r e e n i n g P r o j e c t s m u s t b e a c c o m p l i s h e d u s i n g t h e f o l l o w i n g c r i t e r i a -
1 . a ) U s e n a t u r a l s y s t e m s , o r s y s t e m s t h a t m i m i c n a t u r a l s y s t e m s , o r
b ) C r e a t e , e n h a n c e , o r e x p a n d c o m m u n i t y g r e e n s p a c e s .
2 . P r o v i d e m u l t i p l e b e n e f i t s i n c l u d i n g , b u t n o t l i m i t e d t o
" A d e c r e a s e i n a i r a n d w a t e r p o l l u t i o n , o r
" A r e d u c t i o n i n t h e c o n s u m p t i o n o f n a t u r a l r e s o u r c e s a n d e n e r g y , o r
" A n i n c r e a s e i n t h e r e l i a b i l i t y o f l o c a l w a t e r s u p p l i e s , o r
" A n i n c r e a s e d a d a p t a b i l i t y t o c l i m a t e c h a n g e .
3 . B e c o n s i s t e n t w i t h t h e S t a t e ' s p l a n n i n g p o l i c i e s s p e c i f i c t o t h e f o l l o w i n g s t a t e w i d e p r i o r i t i e s
" P r o m o t e i n f i l l d e v e l o p m e n t a n d i n v e s t i n e x i s t i n g c o m m u n i t i e s ,
" P r o t e c t , p r e s e r v e a n d e n h a n c e e n v i r o n m e n t a l , a g r i c u l t u r a l a n d r e c r e a t i o n a l r e s o u r c e s ,
" E n c o u r a g e l o c a t i o n a n d r e s o u r c e e f f i c i e n t n e w d e v e l o p m e n t .
4 . R e d u c e , o n a s p e r m a n e n t a b a s i s t h a t i s f e a s i b l e , g r e e n h o u s e g a s e m i s s i o n s c o n s i s t e n t w i t h t h e C a l i f o r n i a
G l o b a l W a r m i n g S o l u t i o n s A c t o f 2 0 0 6 a n d a n y a p p l i c a b l e r e g i o n a l p l a n .
S . C o m p l y w i t h t h e C a l i f o r n i a E n v i r o n m e n t a l Q u a l i t y A c t ( C E Q A ) ,
6 . B e a c q u i r e d f r o m a w i l l i n g s e l l e r ( a c q u i s i t i o n s o n l y ) , a n d
7 . C o m p l y w i t h L a b o r C o d e S e c t i o n 1 7 7 1 . 5 r e g a r d i n g t h e l a b o r c o m p l i a n c e p r o g r a m a n d p r e v a i l i n g w a g e s .
O T H E R P R O G R A M R E Q U I R E M E N T S :
1 . L o c a t i o n S o m e p o r t i o n o f t h e p r o j e c t m u s t b e l o c a t e d i n a n u r b a n a r e a .
2 . P u b l i c A c c e s s U r b a n G r e e n i n g p r o j e c t s m u s t p r o v i d e p u b l i c a c c e s s a n d / o r e d u c a t i o n a l f e a t u r e s w h e r e
f e a s i b l e .
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c o m m u n i t i e s . A t t h e s o l e d i s c r e t i o n o f t h e S t a t e , t h i s a m o u n t m a y b e i n c r e a s e d . R e q u e s t s f o r t a r g e t e d
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