Loading...
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 RIV #4826-3630-7998 v4 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 RIV #4825-3630-7998 v1 -1- 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] RIV #4625-3630-7998 V1 -2- 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. RIV #4825-3630-7998 V1 - 1 - 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. RIV #4826-3630-7998 v1 - 2 - 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. RIV 114825-3630-7998 V1 - 3 -