HomeMy Public PortalAbout09) 7F First Amendment to the Citys Professional Services Agreement with Temple City Chamber of CommerceMANAGEMENT SERVICES DEPARTMENT
DATE: November 18, 2014
TO: The Honorable City Council
MEMORANDUM
FROM: Bryan Cook, City Manager
By: Brian Haworth, Assistant to the City Manager/
Economic Development Manager
AGENDA
ITEM 71.
SUBJECT: FIRST AMENDMENT TO THE CITY'S PROFESSIONAL SERVICES
AGREEMENT WITH TEMPLE CITY CHAMBER OF COMMERCE
RECOMMENDATION:
The City Council (Council) is requested to approve a First Amendment to the City's fiscal
year 2014-15 Professional Services Agreement with the Temple City Chamber of
Commerce (Chamber).
BACKGROUND:
1. Since July 2011, Council has approved an annual, sole source consultant service
agreement with the Chamber for business promotion and public information services.
This arrangement—which provides basis for the City's annual funding of $70,000—
imposes scope -specific performance metrics and formalizes the Chamber's role as a
local economic development service provider.
2. On August 5, 2014, Council approved the Chamber's annual service agreement for
fiscal year 2014-15. As part of the action, staff was directed to set a joint meeting
between Council and the Chamber's Board of Directors to review the contract scope,
and possibly amend work items that better align with organizational priorities and
resources.
3. On September 23, 2014, Council and Chamber representatives convened to discuss
scope of the annual agreement. Both parties concluded intent of retaining the existing
scope; primary modifications called for elimination of two tasks, which are
subsequently detailed in the Analysis section.
4. On October 13, 2014, the Chamber's Board of Directors approved the proposed
amended scope of services, referenced hereafter as the First Amendment
City Council
November 18, 2014
Page 2 of 3
(Amendment).
DISCUSSION:
Provided as Attachment A, the proposed Amendment retains general intent of the
Chamber's contractual scope, which includes the following:
• Monthly publication of Temple City Life, the community's de facto newspaper
featuring local news and events;
• Hosting network events, grand opening events and distributing informational
welcome packets to new businesses;
• Engaging in discussion of economic issues relevant to the city and surrounding
region;
• Fielding public inquiries and providing informational resources to the business
community;
• Assisting City Hall in communicating and facilitating planned civic initiatives, e.g. the
General Plan Update and proposed improvements to Las Tunas Drive; and
• Employing new and innovative ways to promote business members, while continually
reinforcing the Chamber's brand as a local business advocate.
Furthermore, the Amendment—based on consensus of both Council and Chamber
leadership—removes two previous contractual activities, as they are not perceived to be
effective or viable.
• The hosting of an annual business expo, in which vendor feedback generally
concluded little or no resultant business activity from solicited contacts; and
• Ongoing legislative updates, as the task is too broad for any one organization and
duplicitous of the City's targeted legislative affairs function via League of California
Cities.
Finally, the Amendment provides revised dates for the Chamber's required quarterly
reports. These revisions specifically allow the organization enough time to fully report on
prior quarterly activities, as well as establish protocol and dates on how and when the
updates are communicated to Council.
City Council
November 18, 2014
Page 3 of 3
CONCLUSION:
Council approval of the Amendment allows for contractual scope revisions that clarify
expectations between both parties, and which better align with the Chamber's business -
oriented role and partnership with the City.
FISCAL IMPACT:
The recommended action presents no fiscal impact to the FY 2014-15 City Budget.
ATTACHMENT:
A. First Amendment
ATTACHMENT A
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
by and between
[iiia
CITY OF TEMPLE CITY
7FIT91
TEMPLE CITY CHAMBER OF COMMERCE
Dated November 19, 2014
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This First Amendment to the Professional Services Agreement ("First
Amendment"), which is dated for reference as indicated on the cover page, is hereby
entered into by and between the CITY OF TEMPLE CITY, a California charter city
("City"), and TEMPLE CITY CHAMBER OF COMMERCE, a non-profit organization
("Consultant'), as follows:
RECITALS
A. City and Consultant entered into that certain Professional Services
Agreement ("Agreement") on or about August 5, 2014, which was subsequently
notarized on August 12, 2014.
B. City and Consultant desire to amend the Agreement to better align its
scope of service with Consultant's existing resources and organizational priorities.
NOW, THEREFORE, in consideration of the promises made and recited herein,
the parties do hereby enter into this First Amendment, which modifies and amends the
Agreement as follows:
1.0 AMENDMENT. The Agreement is hereby amended as follows:
1.1 Scope of Work. Attachment "A" Scope of Work to the original Agreement
is hereby amended to read in its entirety, as per Exhibit "A" attached hereto.
2.0 GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as specifically modified and amended in
this First Amendment, the Agreement remains in full force and effect and binding upon
the parties.
2.2 Integration. This Second Amendment consists of pages 1 through 6 and
Attachment "A" inclusive, which constitute the entire understanding and agreement of
the parties and supersedes all negotiations or previous agreements between the parties
with respect to all or any part of the transaction discussed in this First Amendment.
2.3. Effective Date. This First Amendment shall not become effective until the
date it has been formally approved by the City Council and executed by the appropriate
authorities of the City and Consultant.
2.4 ADDlicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this First Amendment.
2.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this First Amendment have the same
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meaning as provided in the Agreement, unless expressly stated to the contrary in this
First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment to the Agreement on the date and year first written above.
CITY:
CITY OF TEMPLE CITY
By:
Bryan Cook, City Manager
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
CONSULTANT:
TEMPLE CITY CHAMBER OF COMMERCE
Name:
Title:
Name:
Title:
[Notary Acknowledgement Required]
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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 helshe/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 #4825-3630.7998 vi
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
AMENDED SCOPE OF SERVICE
Consultant will perform the following services:
TASK 1: Publish the monthly Temple City Life newspaper, and continue online ads
and e -blasts for members. Update the monthly Business Directory.
Consultant will ensure that all mass mailings are published and distributed
in accordance with restrictions of Government Code Section 89001, Cal.
Code of Regs. 18901, and any other applicable laws and regulations.
TASK 2: Promote good business relations within Temple City by attending,
participating in, or holding the following events or initiatives.
Chamber Networking Hold quarterly Chamber mixers for local
businesses.
Grand Openings Attend and promote the opening of new
businesses (as needed .based on new
business openings in Temple City).
Welcome Baskets Continue the program to simultaneously
welcome new businesses—and promote
current member businesses and
organizations—with the delivery of a welcome
basket containing information and promotional
items.
Educational Seminars Host informational seminars on subjects of
interest to the business community (as needed
based on request of members and developers
in the community).
TASK 3: Engage in regional discussion of economic issues of importance to City
and surrounding region.
Regional Outreach Participation in: Valley Association of Chamber
Executives; and neighboring San Gabriel
Valley cities' chamber mixers and events.
TASK 4: Field public inquiries, and provide resources to business owners.
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Business Liaison Communicate with existing and prospective
businesses. Provida business referrals and
resources.
Business Facilitator Explore leads from entrepreneurs, businesses
and developers for the establishment of new
businesses in Temple City; forward to City
Manager's office for follow-up. .
Business Awareness Solicit local businesses to join community
programs in association with City initiatives and
the Los Angeles County Sheriffs Department.
Community Inquiries Field community calls for available resources
and programs. Answer questions on business
opportunities, investment opportunities and
municipal services. Advise City and community
groups as requested.
Correspondence Provide delegation letters and certificates of
origin upon request. Consultant shall be the
exclusive provider of delegation letters and
certificates of origin for City and shall not
charge recipients for such letters and
certificates.
TASK 5: Assist City on civic projects impacting the business community such as,
but not limited to, the Las Tunas Safety Enhancement and Beautification
Project and the General Plan Update.
TASK 6: Seek new ideas and innovative ways to promote business members and
enhance the image of Consultant in the community and greater San
Gabriel Valley area. Demonstrate a leadership role in the promotion of
business members' projects through business trips, trade missions and
public appearances.
Consultant shall provide City Manager with professionally written quarterly reports at
least 10 days prior to the following regularly scheduled City Council meetings: October
21, 2014; January 20, 2015; April 21, 2015; and July 22, 2015. The reports shall
document activities performed by Consultant during the reporting period using this
Scope of Services as a reporting template. Consultant shall also avail a representative
to provide a presentation of report highlights at the aforementioned City Council
meetings.
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This Scope of Service including tasks, work products and personnel, are subject to
change by mutual Agreement. In the absence of mutual Agreement regarding the need
to change any aspects of performance, Consultant shall comply with the Scope of
Service as indicated above.
Completion of the Scope of Service shall be June 30, 2015, at which time this
Agreement is terminated.
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