HomeMy Public PortalAboutAgreement_2023-10-17 10/17/2024_RSG, Inc._Economic Analysis for Inclusionary Housing Ordinance_23-007CONSULTANT SERVICES AGREEMENT
FOR SERVICES RELATED TO ECONOMIC ANALYSIS FOR
INCLUSIONARY HOUSING ORDINANCE
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
RSG, Inc.
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AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
RSG, Inc.
This Agreement for Consultant Services ("Agreement") is entered into as of this
174day of OC+tber , 2023 by and between the City of Temple City, a municipal
corporation ("City") and RSG. Inc., a corporation ("Consultant"). City and Consultant are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively
referred to as the "Parties."
RECITALS
A. City has sought, by informal quotes, the performance of the economic
analysis related to the inclusionary housing ordinance defined and described
particularly in Section 2 of this Agreement.
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. Consultant was selected by the City on the basis of Consultant's
demonstrated competence and the professional qualifications necessary for the
satisfactory performance of the services required.
D. 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.
E. 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 Term of this Agreement is for one (1) year commencing on the date first
ascribed above.
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SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Consultant agrees to perform the services set forth in
Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this
Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the
schedule specified in Exhibit "A." Should the Services not be completed pursuant to that
schedule, the Consultant shall be deemed to be in Default 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 Services.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any work rendered in connection with its
performance of this Agreement that are in addition to or outside of the Services unless
such additional services are authorized in advance and in writing in accordance with
Section 26 "Administration and Implementation" or Section 28 "Amendment" of this
Agreement. If and when such additional work is authorized, such additional work shall
be deemed to be part of the Services.
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 by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed three thousand five hundred dollars ($3,500), unless
additional compensation is approved in writing in accordance with Section 26
"Administration and Implementation" or Section 28 "Amendment" of this Agreement..
(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 subcontractor contracts. Sub -consultant charges shall be detailed by the
following categories: labor, travel, materials, equipment and supplies. If the
compensation set forth in subsection (a) and Exhibit "B" include payment of labor on an
hourly basis (as opposed to labor and materials being paid as a lump sum), the labor
category in each invoice shall include detailed descriptions of task performed and the
amount of time incurred for or allocated to that task. 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
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be paid within forty-five (45) days of receipt of Consultant's correct and undisputed
invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall
not be deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant's work under this
Agreement, either during performance or when completed. City shall reject or finally
accept Consultant's work within sixty (60) days after submitted to City. City shall reject
work by a timely written explanation, otherwise Consultant's work shall be deemed to
have been accepted. City's acceptance shall be conclusive as to such work except with
respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance
of any of Consultant's work by City shall not constitute a waiver of any of the provisions
of this Agreement including, but not limited to, Section 16 "Indemnification" and Section
17 "Insurance."
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 the 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 the Services pursuant to this Agreement,
Consultant's guarantees and warranties in Section 9 "Standard of Performance" 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 the Services. 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 (3) years from the date of
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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. Access to such
documents and records shall be granted to City, as well as to its successors -in -interest
and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(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. 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 the Services required of Consultant under this Agreement, and shall
use such skill, prudence, and diligence as other members of Consultant's profession
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commonly possess and exercise. In addition to the general standards of performance
set forth this section, additional specific standards of performance and performance
criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to
Consultants work under this Agreement. Where there is a conflict between a general and
a specific standard of performance or performance criteria, the specific standard or
criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state
and local laws, statutes, codes, ordinances, regulations and rules in effect during the term
of this Agreement. Consultant shall obtain any and all licenses, permits and
authorizations necessary to perform the Services set forth in this Agreement. Neither
City, nor any elected or appointed boards, officers, officials, employees or agents of City,
shall be liable, at law or in equity, as a result of any failure of Consultant to comply with
this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Consultant that California prevailing wage laws
do not apply to this Agreement because the Agreement does not involve any of the
following services subject to prevailing wage rates pursuant to the California Labor Code
or regulations promulgated thereunder: Construction, alteration, demolition, installation,
or repair work performed on public buildings, facilities, streets or sewers done under
contract and paid for in whole or in part out of public funds. In this context, "construction"
includes work performed during the design and preconstruction phases of construction
including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of
race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical
condition or marital status in connection with or related to the performance of this
Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et sec., as amended, and
in connection therewith, shall not employ unauthorized aliens as defined therein. Should
Consultant so employ such unauthorized aliens for the performance of the Services, 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.
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(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
the Services. Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee, agent
or subcontractor without the express written consent of the City Manager. Consultant
agrees to at all times avoid conflicts of interest or the appearance of any conflicts of
interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Consultant is, as of the date of
execution of this Agreement, independently involved in the performance of non -related
services for other governmental agencies and private parties. Consultant is unaware of
any stated position of City relative to such projects. Any future position of City on such
projects shall not be considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perform non -
related services for other governmental agencies and private Parties following the
completion of the Services 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
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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 by Consultant. As provided under Civil Code Section
2782.8, 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 claims. actions and proceedings (whether at law or equity, administrative or judicial),
demands, orders, judgments, losses, liabilities, damages, costs and expenses, including
attorney's fees and costs, (collectively "Claims") to the extent same arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its
officers, agents, employees or subcontractors (or any entity or individual that Consultant
shall bear the legal liability thereof) in the performance of professional services under this
Agreement, with the understanding that in the event Claims are found by the trier of fact
to have been caused by the joint or concurrent negligence of the City and its contractors
and Consultants, and Consultant, damages and expenses from both indemnity and duty
to defend obligations shall be borne by each party in proportion to its negligence.
(b) Indemnification from Sub -Consultants. Consultant agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this
section from each and every sub -consultant / contract or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this Agreement
naming the Indemnified Parties as additional indemnitees. 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 herein is binding on the successors, assigns or heirs of Consultant and
shall survive the termination of this Agreement or this section.
(c) City's Negligence. 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.
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SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this
Agreement. City has an interest in the qualifications and capability of the persons and
entities who will fulfill the duties and obligations imposed upon Consultant under this
Agreement. In recognition of that interest, Consultant shall not assign or transfer this
Agreement or any portion of this Agreement or the performance of any of Consultant's
duties or obligations under this Agreement without the prior written consent of the City.
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 termination of this Agreement pursuant to Section 20 "Termination of
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. Consultant shall notify City of any changes in Consultant's staff and
subcontractors, if any, assigned to perform the Services 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 "Compensation and Method of Payment"
of this Agreement. This final invoice shall be reviewed and paid in the same manner as
set forth in Section 4 "Compensation and Method of Payment" 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,
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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 "Termination of Agreement." Any failure on
the part of the City to give notice of the Consultant's default shall not be deemed to result
in a waiver of the City's legal rights or any rights arising out of any provision of this
Agreement.
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 Services
shall be furnished to Consultant in every reasonable way to facilitate, without undue delay,
the Services 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 certified mail, postage prepaid and
return receipt requested, addressed as follows:
To City:
To Consultant:
City of Temple City
Attn: Scott Reimers, CD Director
9701 Las Tunas Dr.
Temple City, CA 91780
RSG, Inc.
Attn: Jim Simon, Principal
170 Eucalyptus Ave #200
Vista, CA 92084
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.
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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. The City Manager shall have the authority to issue
interpretations and to make amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 28 "Amendment" and the City Manager's
contracting authority under the Temple City Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in
writing and approved by the Consultant and by the City. The City Manager shall have the
authority to approve any amendment to this Agreement if the total compensation under
this Agreement, as amended, would not exceed the City Manager's contracting authority
under the Temple City Municipal Code. All other amendments shall be approved by the
City Council. The Parties agree that the 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.
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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.
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).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the
terms of any Exhibit hereto, or with the terms of any document incorporated by reference
into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
date and year first -above written.
CITY OF TEMPLE CITY
Bryan Cook, City Manager
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Greg Murphy, City A orney
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CONSULTANT/CONTRACTOR:
S. • nature Signature
Print Name: James Simon
Title: Principal & President
Print Name: Tara Matthew
Title: Principal & Vice President
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 CONSULTANT'S
BUSINESS ENTITY.
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A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On (CEP H )
Date
personally appeared
20,2. before me,
z21Ai,AT �4:), �f TNIE N./Lip-2v i4it31_1(,
Name And it e icer (e.g.'Jane Doe, Notary Pu lic")
JAMES GN Ta7{-1 p
al4 me of igner s
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(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
instru ment.
SURAYA NATH1E
Notary Public • California
Los Angeles County
Commission t 2331301
My Comm. Expires Aug 8, 2024
OPTIONAL
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.
'S 6-7
i lure o
Public g Notary
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name:
Individual
Corporate Officer
Partner(s)
Title(s)
Limited
General
Attorney -I n -Fact
Trustee(s)
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 Document
Signer(s) Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
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ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On 0 C-1' f , 2013; before me,
Dale
personally appeared I 0. �
TRAVIS HOBSON
COMM. #2366096 O
NOTARY PUBLIC -CALIFORNIA 4'f
SAN DIEGO COUNTY f2
My Commission Expires
AUGUST 42, 2025
raVi fio jSvkt, Neri-o-
; Name And Ti e Of Officer (e.g. "Jane Doe, Notary Pu lic')
Name at Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(pJ° whose name) CAFE subscr. -d to the within
instrument and a knowledged to me that kff hey executed the
satin their authorized capacity(yes), and that by
tltieir signature,(e) on the instrument the persoyfs), 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.
-F17444 74/444 -v ---
OPTIONAL
Signature of Notary Public
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACITIES) CLAIMED BY SIGNER(S)
Signer's Name:
Individual
Corporate Officer
•
Partner(s)
Title(s)
Limited
" General
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
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DESCRIPTION OF ATTACHED DOCUMENT
69•1514 Mem 7 5 e ✓-0,04rc4j1---
Title or Type of Document
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
i
•
I
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EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
See Exhibit "D" for list of services.
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EXHIBIT "B"
COMPENSATION
I. Consultant shall use the following rates of pay in the performance of the
Services:
The City will compensate the Service Provider 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.
The total compensation for the Services shall not exceed $3,500 as provided in Section
4 of this Agreement.
See Exhibit "D" for hourly rates.
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B-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance,
acceptable to the City, 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 Services 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 Scope of Insurance. Consultant shall maintain
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 three (3)
consecutive years following the completion of Consultant's services or the
termination of this Agreement. During this additional three (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
professional liability insurance no less than $1,000,000 per occurrence.
B. Other Provisions. 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.
C. Other Requirements. Consultant agrees to deposit with City, at or before
the effective date of this Agreement, 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 Exhibit "C". 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
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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.
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C-2
Exhibit "D"
RSG
BETTER COMMUNITIES.
BOLDER FUTURES.
August 28, 2023 Via Electronic Mail
Scott Reimers, Community Development Director
CITY OF TEMPLE CITY
9701 Las Tunas Drive
Temple City, CA 91780
PROPOSED WORK PROGRAM
PEER REVIEW OF INCLUSIONARY HOUSING FEASIBILITY STUDY
Dear Mr. Reimers:
The City of Temple City ("City") established several goals in its most recent Housing Element,
including studying the feasibility of adopting an inclusionary housing ordinance to facilitate the
creation of affordable housing units as part of market rate residential development in the City. In
collaboration with the San Gabriel Council of Governments, the City retained Economic and
Planning Systems ("EPS") to prepare the feasibility study.
On July 26, 2023, EPS provided its report entitled Market and Development Feasibility Analysis
of Inclusionary Housing Requirements in Temple City ("Report") to the City. In part, the Report
concluded that an inclusionary housing ordinance in the City would not be feasible at this time.
The City wishes to conduct a peer review of the EPS Report to ensure that the assumptions and
methodologies employed are sound and reflect the conditions of the Temple City housing market.
Last week, we spoke with you and the City Manager and understand you are seeking an internal
review by RSG of the assumptions and methodology in the form of a memo for your perusal. We
presume that EPS will be made aware of RSG's work and cooperative to providing us information
that may be needed to the extent not in their Report.
This letter proposal presents our scope of work and fee estimate for your consideration.
SCOPE OF WORK
For the City, RSG will perform the following tasks for the peer review of the EPS Report:
1. Review EPS Report and identify any clarifying questions; confer with staff and EPS as
necessary.
2. As necessary, independently confirm assumptions against RSG source data.
3. Draft memo for staff use with RSG's findings and recommendations.
SAN DIEGO • LOS ANGELES • OAKLAND • CORONA
170 Eucalyptus Ave, Suite 200, Vista, CA 92084 1714541.4585 I webrsg.com
Scott Reimers, Community Development Director
CITY OF TEMPLE CITY
August 28, 2023
Page 2
FEE PROPOSAL
RSG would charge for these services on a time -and -materials basis, not to exceed $3,500. Our
billing rates and policies are provided below.
Our Billing Rates are as follows:
Principal / Director $275
Senior Associate $200
Associate $185
Senior Analyst $150
Analyst $135
Research Assistant $125
Technician $100
Clerical $60
RSG does not charge clients for travel or mileage (except direct costs related to field
work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies.
However, we do charge for messenger services, overnight shipping/express mail costs and
teleconferencing services. We also charge for copies of reports, documents, notices, and support
material more than five (5) copies. These costs are charged back at the actual expense plus a
10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.
Invoices identify tasks completed to date, hours expended and the hourly rate.
Please let me know if you have any questions or refinements to this proposal. We can commence
work upon receipt of a contract.
Sincerely,
RSG, INC.
Jim Simon, Principal