HomeMy Public PortalAboutCRA 3B AGREEMENT WITH SEIFEL CONSULTING INC. REDEVELOPMENT STRATEGY AND ECONOMIC DEVELOPMENT ASSESSMENTTei np le CRA AGENDA
iMEMORANDUITEM 3.B.
Staff Report
TO: COMMUNITY REDEVELOPMENT AGENCY DATE: AUGUST 3, 2010
A -
FROM: JOSE E. PULIDO, EXECUTIVE DIRECTOR f
SUBJECT: CONSULTANT SERVICES AGREEMENT WITH SEIFEL CONSULTING
INC. TO PREPARE A REDEVELOPMENT STRATEGY AND ECONOMIC
DEVELOPMENT ASSESSMENT
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The Community Redevelopment Agency (CRA) Board is requested to review and
approve a $60,000 Consultant Services Agreement (Attachment "1") with Seifel
Consulting Inc. to prepare a redevelopment strategy and an economic development
assessment plan.
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1. On February 8, 2010, Seifel Consulting Inc. provided the CRA Board with a
proposal to provide Temple City with redevelopment advisory services. Seifel
Consulting Inc. is one of the leading redevelopment experts in the State of
California.
2. On February 16, 2010, the CRA Board awarded a $5,000 professional services
contract to Seifel Consulting Inc. to prepare and present a "Redevelopment 101"
presentation.
3. On March 23, 2010, the CRA Board and the Planning Commission received a
"Redevelopment 101" presentation from Libby Seifel during a Special Joint
Meeting. Jointly the two bodies provided the Executive Director with direction to
move forward with the preparation of a redevelopment strategy for the CRA's
Rosemead Boulevard Redevelopment Plan.
4. On June 17, 2010, Seifel Consulting Inc. submitted a proposal to the Executive
Director to undertake the "Temple City Redevelopment Strategy" and to prepare
an economic development assessment plan.
5. On June 29, 2010, the CRA Board approved the Fiscal Year (FY) 2010-11 CRA
Budget which included an appropriation for $60,000 to undertake a
redevelopment strategy and economic development assessment plan.
ANALYSIS
Consistent with the CRA Board's previous direction to the Executive Director to solicit a
proposal from Seifel Consulting Inc. to undertake a redevelopment strategy and an
economic development assessment plan for the Rosemead Boulevard Redevelopment
Plan, Seifel Consulting Inc. has provided the CRA Board with a work plan that achieves
Community Redevelopment Agency
August 3, 2010
Page 2
these two objectives. The purpose of Seifel Consulting's proposed work program will be
to develop a Redevelopment Strategy that will allow the CRA to maximize its current
resources and explore the benefits of amending the Rosemead Boulevard
Redevelopment Plan to add territory or to extend some of its time and fiscal limits. This
initial scope of work will include the following four tasks:
Task 1: Project Initiation and Management;
Task 2: Leveraging Agency's Redevelopment Tools;
Task 3: Amendments to Current Time and Fiscal Limits; and
Task 4: Existing Conditions Analysis of Proposed Redevelopment Study Area
and Existing Project Area.
The Economic Development Assessment (Task 5) which shows up as an optional task
in the Seifel Consulting Inc. proposal, has been identified by the Executive Director as a
task that will be undertaken at this time. The purpose of this task will be to augment the
redevelopment strategy by having Seifel Consulting Inc. prepare an economic
development assessment that leverages previous CRA studies and analyses as well as
the Buxton Retail Site Assessment - all in an effort to fully understand Temple City's
current economic climate and market potential.
Please refer to Attachment "2" for a more detailed description of the Seifel Consulting
Inc. proposed scope of work.
FISCAL IMPACT
As part of the FY 2010-11 CRA Budget, the CRA Board approved an allocation of
$60,000 to retain the services of a redevelopment consultant to undertake the
preparation of redevelopment strategy and an economic development assessment.
RECOMMENDATION
It is recommended that the CRA Board:
1) Approve a $60,000 Consultant Agreement with Seifel Consulting Inc. to provide the
Temple City Community Redevelopment Agency with a redevelopment strategy and
an economic development assessment plan; and
2) Authorize the Executive Director to finalize and execute the Consultant Services
Agreement with the Seifel Consulting Inc.
Attachments:
1) Consultant Services Agreement between the CRA and Seifel Consulting Inc.
2) Seifel Consulting Inc. Proposal to Provide Temple City CRA with Redevelopment
Advisory Services (dated June 17, 2010).
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY COMMUNITY
REDEVELOPMENT AGENCY
and
SEIFEL CONSULTING, INC.
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
SEIFEL CONSULTING INC.
This Agreement for Consultant Services ("Agreement") is entered into as of this 3`d day
of August, 2010 by and between the City of Temple City Community Redevelopment Agency
("CRA") and Seifel Consulting Inc., ("Consultant"). Agency and Consultant are sometimes
hereinafter individually referred to as "Party" and hereinafter collectively referred to as the
"Parties."
RECITALS
A. CRA has sought a proposal for the performance of the services defined and
described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a proposal or bid 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, CRA has authority to
enter into this Consultant Services Agreement and the Executive Director 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 terns 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 ol' services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to
Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the
Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
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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 CRA Board or Executive Director. Consultant shall
be compensated for any such additional services in the amounts and in the manner agreed to by
the CRA Board or Executive Director.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, CRA 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 SIXTY THOUSAND dollars ($60,000), unless additional compensation is approved in
writing by the CRA Board or Executive Director.
(b) Each month Consultant shall furnish to the CRA 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. CRA 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 CRA, the original invoice shall be
returned by CRA to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by CRA, CRA 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
CRA may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. CRA shall reject or finally accept Consultant's
work within sixty (60) days after submitted to CRA. CRA shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. CRA'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 CRA shall
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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 CRA and may be used, reused or otherwise disposed of by CRA without the
permission of the Consultant. Upon completion, expiration or termination of this Agreement,
Consultant shall turn over to CRA 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 CRA utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
tiles, 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 CRA 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 CRA or its designated representative. Copies of such documents
or records shall be provided directly to the CRA 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 CRA 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, CRA may, by written request, require that custody of such
documents or records be given to the CRA and that such documents and records be maintained
by the requesting party. Access to such documents and records shall be granted to CRA, as well
as to its successors -in -interest and authorized representatives.
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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 CRA. Consultant shall have no authority to bind CRA in
any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against CRA
, whether by contract or otherwise, unless such authority is expressly conferred under this
AGREEMENT or is otherwise expressly conferred in writing by CRA.
(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
CRA, nor any elected or appointed boards, officers, officials, employees or agents of CRA, 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 CRA.
(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
CRA's employees. Consultant expressly waives any claim Consultant may have to any such
rights.
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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 CRA utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
tiles. files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warranties
related to Standard of Performance shall not extend to such use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the services set forth in this Agreement. Neither CRA, nor any elected or appointed
boards, officers, officials, employees or agents of CRA, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
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SECTION 11. PREVAILING WAGE LAWS
It is the understanding of CRA 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, S U.S.C.A. §§ 1101, et seq., 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 CRA for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse CRA for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by CRA.
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 Executive Director. Consultant agrees
to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the
interests of CRA in the performance of this Agreement.
(b) CRA 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 CRA
relative to such projects. Any future position of CRA on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) CRA 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.
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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 CRA without prior written
authorization from the Executive Director, except as may be required by law.
(b) Consultant. its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the Executive Director or unless requested by the CRA Counsel,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed tinder this Agreement.
Response to a subpoena or court order shall not be considered "voluntary" provided Consultant
gives CRA 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 CRA 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 CRA 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. CRA 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 CRA and to provide CRA 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 CRA 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 CRA 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
indemnify, protect, defend and hold harmless CRA, 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,
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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 CRA to monitor compliance with these
requirements imposes no additional obligations on CRA and will in no way act as a waiver of
any rights hereunder. This obligation to indemnify and defend CRA 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
CRA 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
CRA's sole negligence. The provisions of this section shall not release CRA from liability
arising from gross negligence or willful acts or omissions of CRA 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 CRA as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the
Executive Director. Consultant agrees to provide CRA 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
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
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Agreement without the prior written consent of the CRA. Any attempted assignment shall be
ineffective, null and void, and shall constitute a material breach of this Agreement entitling CRA
to anv and all remedies at law or in equity, including summary termination of this Agreement.
CRA 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) CRA 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 CRA.
(c) If either Consultant or CRA fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or CRA may terminate
this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or CRA, all property
belonging exclusively to CRA which is in Consultant's possession shall be returned to CRA.
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 CRA
shall not have any obligation or duty to continue compensating Consultant for any work
performed after the date of default. Instead, the CRA 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 CRA shall hold all invoices and shall, when the default is cured,
proceed with payment on the invoices. In the alternative, the CRA 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 CRA may take necessary steps to terminate this Agreement under
Section 20. Anv failure on the part of the CRA to give notice of the Consultant's default shall
not be deemed to result in a waiver of the CRA's legal rights or any rights arising out of any
provision of this Agreement.
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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 CRA, 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 CRA.
All public information, data, reports, records, and maps as are existing and available to
CRA 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 Community Redevelopment Agency
Attn: Jose Pulido, Executive Director
9701 Las Tunas Drive
Temple City, CA 91780
To Consultant: Seifel Consulting Inc.
Attn: Elizabeth Seifel, President
221 Main Street, Suite 420
San Francisco, CA 94105
(415) 618-0700 office
(415) 618-0707 fax
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. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 27. 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 CRA Board. The parties agree that this requirement
for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. 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 CRA of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement.
SECTION 29. 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 30. 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 31. ENTIIZE 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 CRA 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.
SECTION 32. 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).
LA 44814-2021-6581 v - 10-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and vear first -above written.
ATTEST:
Mary Flandrick
Secretary
APPROVED AS TO FORM
By:
Eric Vail
Agency Counsel
By:
Its:
CITY OF TEMPLE CITY
COMMUNITY REDEVELOPMENT
AGENCY
By:
Jose Pulido
Executive Director
Its:
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
LA 93314=2021-6551 V - I I -
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) Ware 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 signaturc(s) on the instrument the person(s). or the entity upon behalf of which the persons) 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.
Si -nature:
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 DESCRIPTION OF ATTACHED DOCUMENT
❑ 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))
LA 44814-2021-6581 v1
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 DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY -IN -PACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
LA P4814-2021-6581 N1
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
The Scope of Services shall be as described in the "Seifel Consulting Inc. Temple City
Redevelopment Strategy and Economic Development Assessment."
1. Consultant will perform the following Services:
Work Program
The purpose of the work program will be to develop a Redevelopment Strategy that will allow
the Agency to maximize its current resources and explore the benefits of amending the
Rosemead Boulevard Redevelopment Plan to add territory or to extend some of its time and
fiscal limits. This initial scope of work will include the following four tasks:
Task 1: Project Initiation and Management;
Task 2: Leveraging Agency's Redevelopment Tools;
Task 3: Amendments to Current Time and Fiscal Limits; and
r Task 4: Existing Conditions Analysis of Proposed Redevelopment Study Area and
Existing Project Area.
Task 5: Economic Development Assessment which shows up as an optional task in the Seifel
Consulting Inc. proposal has been identified by the Executive Director as a task that will be
undertaken at this time. The purpose of this task will be to augment the redevelopment strategy -
Seifel Consulting Inc. will prepare an economic development assessment that leverages previous
CRA studies and analyses as well as the Buxton Retail Site Assessment all in an effort to fully
understand Temple City's current economic climate and market potential.
Please refer to the attachment to Exhibit "A" for a more detailed description of the Seifel
Consulting Inc. proposed scope of work.
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the CRA:
Month 1: hick -off Meeting and Analysis:
i Month 2: Public Presentation — Initial Findings and Public Input;
Month 3: Preparation of Recommendations and Redevelopment Strategy Report:
Month 4: Economic Development Assessment; and
i Month 5: Public Presentation Recommendations and Action Steps.
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LA #4814-2021-6581 v 1
A-1
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I11. AMENDMENT
"Che 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.
LA 44811-'021-658111
A-2
EXHIBIT "B"
COMPENSATION
1. Consultant shall use the following rates of pay in the performance of the Services:
2010 Hourly Rates (Time)
President $250
Senior Management Consultant $195
Managing Consultant
$175
Senior Consultant
$145
Consultant
$125
Analyst
$115
Research Analyst
$115
Technical Staff
$105
Administrative Support
$ 75
Testimony as expert witness at court trials, administrative hearings, and depositions will be billed
at 200 percent of the above rates. Expedited work at the client's request will be billed at 150
percent time (Rush Fee).
Expenses/Materials
Seifel Consulting Inc. bills expenses as follows:
• In order to lessen time-consuming paperwork and processing costs, a 2% overhead charge
will be added to each invoice to cover a portion of reimbursable expenses, including phone
charges, in-house photocopying/printing, delivery charges and miscellaneous other charges
under $25. Other costs as itemized below, which differ significantly by client, will continue
to be billed separately.
• Photocopying/report reproduction charges with a combined total exceeding $25 per month
will be billed at 10 cents per black & white single -sided letter page (20 cents for a ledger -
sized page) and one dollar per color single -sided letter page (two dollars for a ledger -sized
page), except for bulk reproduction of reports, which is charged on a direct reimbursable
basis.
• Delivery service charges above $25 per month will be billed at cost.
• Travel costs will be billed on a direct reimbursable basis. Automobile mileage charges will
be billed based on the Internal Revenue Service Optional Standard Mileage Rate. Other
travel and per diem expenses. including airfare. automobile rental and hotel (if necessary) are
charged at actual cost.
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• Interest on all outstanding invoices that are past 30 days will be calculated based on a 10%
yearly rate or a daily rate of .0274%.
LA #4814-2021-6581 v
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EXHIBIT "C"
INSURANCE
A. Insurance Reauirements. Consultant shall provide and maintain insurance,
acceptable to the Executive Director or Agency Counsel, in hill 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:VIL Consultant shall provide the following scope and limits of
insurance:
Minimum Scope 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.
LA 94814-2021-6581 V
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(3) Workers' Compensation and Employer's Liability: Workers'
Compensation as required by the Labor Code of the State of California and Employers Liability
limits of not less than $1,000,000 per accident.
(4) Professional Liability: $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
party to this Agreement, reduced in coverage or in limits except after 30 days' prior written
notice by Certified mail, return receipt requested, has been given to City.
2. General Liability and Automobile Liability Coveraees.
(1) CRA, 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 CRA, and their respective elected and appointed officers, officials, or
employees.
(2) Consultant's insurance coverage shall be primary insurance with
respect to CRA, and its respective elected and appointed, its officers, officials, employees and
volunteers. Any insurance or self insurance maintained by CRA, 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 CRA, and its
respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Emolover's Liability Coveraee. Unless the
Executive Director otherwise agrees in writing, the insurer shall agree to waive all rights of
subrogation against CRA, and its respective elected and appointed officers, officials, employees
and agents for losses arising from work performed by Consultant.
C. Other Requirements. Consultant agrees to deposit with CRA, at or before the
effective date of this contract, certificates of insurance necessary to satisfy CRA that the
LA #4814-2021-6581 v l
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insurance provisions of this contract have been complied with. The Agency Counsel may
require that Consultant furnish CRA 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. CRA 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 CRA. At the option of CRA, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects CRA 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.
LA 84314-2021-6581 v 1
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Seif
CONSULTING INC.
June 17, 2010
221 hlam Street
Suite 420
San Francisco CA
Jose Pulido
94105
City Administrator
City of Temple City
415.615.0700
9701 Las Tunas Drive
fax 415.618.0707
Temple City, CA 91750
www seller coni
RB: Temple City Redevelopment Strategy
Dear Mr. Pulido,
Seifel Consulting Inc. (Seifel) appreciates the opportunity to submit this contract to provide
redevelopment advisory services to the City of Temple City (City) and its Redevelopment
Agency (Agency). Seifel proposes to develop a Redevelopment Strategy to guide the Agency's
efforts to eliminate blighting conditions and spur economic development in the City, building
on the presentation and comments received at the March 3010 City Council and Planning
Commission study session.
The propose of this work effort is to enable the Agency to maximize its resources for the
improvement and revitalization of Temple City. As further described in the proposed work
program, we will analyze the existing conditions of areas that Would potentially be considered
for inclusion into redevelopment (Study Area). This analysis would evaluate whether the Study
Area Would quality for redevelopment according to the current definitions of physical and
economic blight and urbanization contained in Community Redevelopment Law (CRL).
Seifel will also perform an analysis of how the Agency can best meet its redevelopment goals
for the existing Project Area, by leveraging its current redevelopment resources or by amending
the Rosemead Boulevard Redevelopment Plan (Redevelopment Plan) to extend time and fiscal
limits. We will evaluate the remaining blighting conditions in the existing Project Area to
determine if these areas meet the eligibility requirements for the potential time and fiscal
amendments. If desired, we will also prepare an economic development assessment for the City.
We will then prepare a Redevelopment Strategy memorandum summarizing the findings and
recommendations, as well as deliver a presentation for the City Council/Agency Board and
members of the community.
This letter includes a proposed work program and fee estimate based on our understanding of
the work to be performed. It is designed to serve as an updated contract exhibit for the proposed
services. It is organized as follows:
A. Work Program
B. Work Products
C. Schedule for Completion
D. Overview of Compensation
E. Contract Provisions
Exhibit A. Compensation and General Contract Provisions
Please do not hesitate to call with any questions or suggested modifications to the scope to
better suit your needs.
A. Work Program
The purpose of this work program is to develop a Redevelopment Strategy that will allow the
Agency to maximize its current resources and explore the benefits of amending the Rosemead
Boulevard Redevelopment Plan to add territory or extend some of its tune and fiscal limits. The
strategy will address three key components, as presented and discussed at the March 3010
Council Study Session:
1. Better leveraging redevelopment tools and resources through 2015
3. Amendments to time and fiscal limits of the existing Rosemead Boulevard Project Area
3. Adding new area to the Rosemead Boulevard Project Area
Based on discussions with the Agency, Seifel will evaluate the eligibility of the following areas
to be added to the existing Project Area, collectively refereed to as the Study Area, and
generally described as:
• Las Tunas Corridor: Commercial parcels on both sides of Las Tunas Drive, between Sultan
and South Baldwin Avenues.
• Southern Gateway: Parcels south of Lower Asuza Road and adjacent to Encinita Avenue, and
the Lower Asuza Corridor (primarily industrial and commercial properties).
• Rosemead Corridor: Parcels to the north, directly east, and just south of the existing Project
Area, along Rosemead Boulevard and Sultan Avenue (primarily commercial properties).
• Other areas identified by Agency staff.
Amending the redevelopment plan for the existing project area will require the Agency to meet
legal requirements that are more stringent than those in place when the Redevelopment Plan
was adopted in 1973. Seifel will assist the Agency in weighing the benefits and considerations
of these amendments given the tightened requirements in the CRL for "major" amendments to a
redevelopment plan and will recommend how the Agency should proceed.
Based on our discussions, we propose to perform the following tasks. These tasks will be
refined during Task 1.
Seifel Consulting Inc.
Task 1. Project Initiation and Management
Seifel will lead and/or participate in meetings with City and Agency staff to review and refine
the work plan and data needs. On an as -needed basis throughout the project, Seifel will:
• Review and refine the scope for the redevelopment advisory services based on a discussion of
the City's and Redevelopment Agency's goals, priorities and parameters for the
Redevelopment Strategy, as well as the overall redevelopment program.
• Compile a master list of relevant materials required to complete the work program, such as
maps, aerial photos, plans, and graphics. (Seifel will leverage materials received as part of the
Council study session.)
• Review key information previously compiled by the City and Agency. Our approach will
maximize the use of existing data and prior analyses performed for the Agency (such as the
December 3009 Feasibility Study.)
• Establish schedules for the assembly of information and completion of tasks.
• Conduct a preliminary field survey to gauge level of existing blight in existing Project Area
and Study Area.
Consultant team coordination meetings will be conducted to evaluate the progress of the work
program, obtain additional information, such as reports from Agency staff, and review work
performed to date. As needed, we will coordinate our efforts with the Agency's legal counsel.
Task I Work Product
Seifel will summarize its initial findings in presentation format, including a recommended
Study Area and focus of any amendments to time and fiscal limits. Seifel will prepare a
proposed schedule for completion of each task and a list summarizing additional data that will
be needed for the work program.
Task 2. Leveraging Agency's Redevelopment Tools
Task 2 seeks to maximize the current redevelopment resources available to the Agency, without
necessarily undertaking amendments to the existing Redevelopment Plan that would require
extensive documentation of blight. 'file focus of this task would be to give the Agency a more
thorough understanding of the resources that will be available for housing and non-housing-
activities
on-housingactivities for the remaining life of the existing Project Area through 3015. This assessment of
the Agency's resources and programs will also be important if the Agency decides to move
forward with Plan Amendments (discussed below), as it will provide a strategic framework for
the Agency's activities over the next five years.
Evaluation of Avencv Financial Resources and Investments
Seifel will review the Agency's activities over the past five years and evaluate which activities
have provided the greatest return on investment in terms of blight alleviation, tax increment
generation and other Agency goals. Seifel will also conduct a thorough review of the financial
resources currently available to the Agency, existing debt obligations and projections of tax
increment (TI) generation over the remaining life of the existing Project Area. This review will
enable to Agency to better plan and invest in future activities in the existing Project Area.
Seifel Consulting Inc.
4nuh,sis of Avenn 's Remaining Housnre Obheations
Seifel will review the Agency's expenditures on affordable housing in terms of CRL
requirements for age and income targeting in order to recommend how the Agency could best
meet its housing obligations prior to the expiration of the time limit on redevelopment activities
in 3015, as required by the CRL. (Seifel understands that the Agency does not have an
affordable housing production requirement as the Redevelopment Plan was adopted prior to
1976, when the requirement went into effect.) Seifel will also evaluate the Agency's potential
development opportunities for affordable housing, such as senior housing along Las Tunas
Boulevard, and recommend ways that the Agency can best leverage its resources.
Redevelopment Program Sti•ateec
Seifel will work with the Agency to identify high priority redevelopment projects and activities
to be undertaken by 2015, the year in which the Agency will reach its current limit on
redevelopment projects and activities in the Project Area. Seifel will focus on redevelopment
activities that will best alleviate physical and economic blighting conditions in the existing
Project Area and affordable housing activities that will enable the Agency to meet its CRL
housing requirements.
Task 2 Work Product
Seifel will summarize our analysis in presentation format, including a matrix outlining our
recommendations and main findings, as well as accompanying tables and graphs.
Task 3. Amendments to Current Time and Fiscal Limits
Under Task 3, Seifel will assess whether the Agency should amend some of the time and fiscal
limits of its Redevelopment Plan prior to 3015, when it will reach its existing time limit on
redevelopment activities in the Project Area. Seifel will analyze the following potential time and
fiscal amendments:
SB311 "Haior"Plait Amendment
A SB 211 "major" plan amendment for the existing Redevelopment Plans would enable the
Agency to extend plan effectiveness and tax increment collection an additional ten years to
2035. In order to pursue this amendment, the Agency must document significant remaining
blight in the existing Project Area under the stricter, current CRL blight definitions, as amended
by SB 1206. As part of the field survey described in Task 4, below, Seifel will evaluate
conditions of remaining blight in the existing Project Area and recommend how best to proceed
with the amendment, if the project area meets the CRL criteria.
SE24F Time Extension
As a result of the recent "take" of local redevelopment funds by the State through AB 36 4x,
redevelopment agencies that make their payments on time are authorized to amend their
redevelopment plans to extend the time limits on plan effectiveness and tax increment collection
by I year. The California Redevelopment Association (CRA) is currently appealing the
Sacramento Superior Court decision upholding the constitutionality of AB 26 4x and
recommends that agencies not undertake these extensions until the case is decided.
Seifel Consulting Inc.
Extension ofEminent Domain Time Lima
An extension of the time limit on eminent domain authority for the existing Redevelopment
Plan, which expires in 2013, would enable the Agency to utilize eminent domain authority in
the existing Project Area for an additional 12 years.
Inn•easinu Tux Increment Car) and Bonded Indebtedness Limit
Seifel will analyze the benefits of amending the Redevelopment Plan to increase the TI cap
within the existing Project Area, Which is currently S30 million. This amendment, coupled with
the SB 211 10 -year time extension, Would potentially give the Agency greater bonding capacity
to undertake redevelopment projects and activities to alleviate blight in the Project Area. If an
SB 211 amendment is warranted, Seifel will propose anew TI and bonded indebtedness cap
based on the Project Area's capacity to generate tax increment revenues over the life of the
Redevelopment Plan, as amended by an SB 211 extension.
Amendment Recommendations
We will summarize the key considerations that the Agency Board should evaluate before
undertaking the amendments described above and recommend the key steps and actions to be
undertaken. To enable this to be most easily described and understood, Seifel Will prepare a
summary matrix of the CRL requirements, challenges and advantages of each amendment
option, and recommended action steps.
Task 3 Work Product
Seifel Will summarize our analysis in presentation format, including a matrix outlining our
findings as to Whether the existing Project Area qualifies for each type of amendment and
whether undertaking each amendment would be advisable.
Task 4. Existing Conditions Analysis of Proposed Redevelopment Study Area
and Existing Project Area
The purpose of this task is to determine the eligibility of the parcels within the proposed Study
Area to be potentially added to the existing Project Area, as well as to evaluate remaining blight
in the existing Project Area, under the stringent requirements of the CRL, as amended by Senate
Bill 1206. Thus, the following key CRL eligibility requirements will be analyzed:
• Urbanization. This requirement specifies that at least SO percent of a new redevelopment area
must be urbanized (i.e., currently or previously developed or is a small non -urbanized area
that is substantially surrounded by an urbanized area).
• Blight. Physical and economic blighting conditions must both be present and these conditions
must be (1) prevalent, (2) substantial and (3) a burden on the community that cannot be
alleviated without redevelopment assistance.
Urbani_ayon
Seifel will conduct a Windshield survey to determine the extent of urbanization in the Study
Area, as defined by the CRL. We Will review existing maps and reports to determine if 30% or
more of each portion of the study area is urbanized. Urbanization Will only need to be
Seifel Consulting Inc.
established for the newly added areas, as this requirement does not apply to the time and fiscal
limit amendments to the existing Redevelopment Plan,
BLgig
A field reconnaissance windshield survey will be conducted to further evaluate the extent of
physical and economic blight in the Study Area and remaining blight in the existing Project
Area. This field survey will be supplemented by discussions with Agency staff, analysis of data
on adverse physical and economic conditions, and an examination of available documents
provided by the Agency. Seitel will also gather data from other sources on adverse existing
conditions to see if economic blight can be demonstrated.
The CRL requires documentation of at least one type each of physical and economic blight in
order to designate an area as a new redevelopment area or to add territory to an existing project
area. The law also requires the presence of remaining blight in order to undertake an SB 211
amendment for the existing Project Area. CRL Section 3303 Ila) and (b), as amended by
SB 1206, defines four types of physical blight and seven types of economic blight, as
summarized below:
Physical Blight
• Unsafe/Unhealthy Buildings
• Conditions Hindering Viable Use of Buildings/Lots
• Adjacent or Nearby Incompatible Uses
• Irregular Lots in Multiple Ownership
Economic Blight
• Depreciated or Stagnant Property Values
• Impaired Property Values Due to Hazardous Waste
• Poor Business Conditions
• Serious Lack of Neighborhood Commercial Facilities
• Serious Residential Overcrowding
• Excess of Problem Businesses
• High Crime Rates
The urbanization and blight findings will be discussed with Agency staff. Based on these
discussions, Seifel will recommend portions of the Study Area to be potentially added to the
existing Project Area. If a GIS base map and underlying GIS data are available, Seifel will
present its recommendation on a GIS map.
Preliminari, Financial Proiection of Tax Increment
Seifel will conduct a preliminary projection of tax increment collection for the Study Area to
provide the Agency with a general sense of the amount of tax increment that could be available
for redevelopment activities should the Agency decide to amend the exiting Redevelopment
Plan. This analysis will also include a written summary of the potential impact on the City's
General Fund from including additional areas into redevelopment.
Seifel Consulting Inc
Fimlines on Redeielownent Elieihrlih
A summary of our preliminary conclusions regarding urbanization and blight will be prepared
for incorporation into our memo and highlighted in the presentation. Photographs illustrating
typical blighting conditions throughout the Study Area and existing Project Area will be taken
and prepared for inclusion in the memo and presentation, as needed.
Task 4 Work Product
Seifel will make recommendations, in presentation format, of an approach for including areas in
redevelopment. Our approach will consider several options, including. but not limited to, the
following:
• Adding areas to the existing Project Area.
• Including portions of the Study Area for purposes of effective redevelopment rather than
blight alleviation.
• Amending the existing Project Area pursuant to SB 211.
If Seifel recommends that adding new areas into redevelopment and/or amending the existing
Project Area is beneficial, we will present the Agency with the most time and cost effective
approach to undertaking the plan amendment to add territory.
Task 5. Economic Development Assessment (Optional)
In order to inform the redevelopment strategy, Seitel will prepare an economic development
assessment, leveraging prior studies and analyses, such as the Buxton Retail Site Assessment, in
order to understand Temple City's current economic climate and market potential.
A key component of this task will be to assess the potential short term and longer term
commercial, residential and industrial development opportunities, as well as the area's potential
constraints. This will include an evaluation of existing development patterns as well as recent
development trends by land use based on available City data.
A next step in the assessment will be to understand the underlying market conditions for the
City's residential, commercial and industrial sectors. Factors examined will include residential
employment and visitation growth trends, retail market data, building permit activity, and real
estate pricing. Based on this data and discussions with local businesses, property owners and
real estate professionals, SCI will assess the locational attributes of Temple City and summarize
the city's economic opportunities and constraints in a concise, easily understood format to be
presented to community stakeholders.
In addition, Seifel will review the City's and Agency's current economic development programs
and recommend potential short term and longer-term economic development strategy options. A
key focus of this work will be to recommend ways that the Agency can encourage new
development that supports a health}' community, reduces blight. catalyzes housing (including
affordable housing) and promotes public private partnerships for developments.
Seifel Consulting Inc.
Task 6. Presentations and Community Outreach
Seifel staff will prepare for and participate in two public presentations. The fust presentation
will highlight the results from the technical analysis and gather input from the Agency Board
and public regarding the redevelopment strategy. The final presentation will summarize the key
recommendations for how best to accomplish the Agency's goals and recommend
implementation action steps.
Task 7. Additional Advisory Services (Optional)
This scope of services is based on our initial understanding of Seifel's role and tasks to be
performed. If requested and mutually agreed upon, Seifel will provide additional services,
which may include, but are not limited to:
• Prepare public presentations or attend meetings not described in the scope of services.
• Participate in additional outreach services, such as the preparation of public materials and/or
presentations at community and business meetings;
• Prepare additional work products or provide additional advisory services not described above
in the individual tasks.
• Working closely with staff, update Agency tax increment projections through the life of the
redevelopment plan and analyze potential bonding capacity in order to estimate the level of
Agency finds that could be available to accomplish the program.
• Prepare separate tax increment projections for individual portions of the Study Area.
• Advise on funding strategies.
• Perform more in depth market research for proposed land uses and/or catalyst developments.
This would include the purchase of demographic and market data from Claritas, Costar
COMPS, Woods & Poole, and/or other private market research source.
• Recommend targeted strategies to encourage the redevelopment of key catalyst sites. Perform
feasibility testing on alternative development options for these sites to understand the
financial viability of these sites for private sector development and whether or not public
assistance may be needed to accomplish their redevelopment.
• Perform due diligence real estate advisory services on potential development sites and/or
public private partnerships.
These additional services will be billed on a time and expenses basis, up to an agreed upon
budget, based on the attached billing rates.
B. Work Products
Seifel will provide the following work products
• Analysis described in Tasks 3 through 4, and optionally Task 5, in presentation format.
• Redevelopment strategy report summarizing the findings in Tasks 3 though 4, and optionally
Task 5.
• A draft and final presentation for the two meetings.
Seifel Consulting Inc.
The report will be prepared for use by staff and redevelopment legal counsel. The report and
presentations will be submitted in electronic PDP format for ease of distribution.
C. Schedule for Completion
After the kickoff meeting (Task 1) Seifel will prepare a detailed project schedule for each task
described in the work program. Based on our initial understanding of the work program, we
propose the following schedule:
• Month I: Kick Off Meeting and Analysis
Month 2: Public Presentation— Initial Findings and Public Input
Month 3: Preparation of Recommendations and Redevelopment Strategy Report
Month 4: Public Presentation- Recommendations and Action Steps
D Overview of Compensation
Based on our initial understanding of the scope of work, Seifel proposes to bill on a time and
materials basis up to a budget maximum of $45,000 for Tasks 1 through 4, plus two public
presentations, as described in Task 6.
The budget for Task 5, the optional economic development assessment, is $20,000. The
findings from the economic development assessment would be incorporated into the
redevelopment strategy.
ddditioi?al Services
As needed and authorized by City staff, Seifel will provide additional services on a time and
material basis up to an agreed upon additional services budget based on the billing rates detailed
in Exhibit A. For example, formal presentations or public meetings in addition to this
presentation will be billed on a time and materials basis and invoiced as additional services.
Seifel Consulting Inc.
E. Contract Provisions
The terms of compensation and general contract provisions, described in Exhibit A. are
incorporated into this contract by this reference. This letter agreement and these exhibits
constitute a legally binding contract, setting forth the terms and conditions under which Seifel
(Consultant) shall perform services for the Redevelopment Agency of the City of Temple City
(Client) in conjunction with this work program.
This letter has been signed by Elizabeth Seifel and once countersigned by you, represents a
legally binding contract to perform the tasks as outlined in this letter proposal and attached
Exhibit A.
By:
6/17/2010
Elizabeth (Libby) Seifel Date
President, Seifel Consulting Inc.
BN:
Jose Polido Date
City Administrator, City of Temple City
Seifel Consulting Inc. 10
Exhibit A
Compensation and General Contract Provisions
Scifel Consulting Inc. bills on a time and materials basis, using the following rates for 3010.
Billing rates are subject to annual revision.
2010 Hoarlr Rates (Time)
President
$250
Senior Managing Consultant
$195
Managing Consultant
$175
Senior Consultant
5145
Consultant
$135
Analyst
$115
Research Analyst
$105
Technical Staff
5105
Administrative Support
S75
Testimony as expert witness at court trials, administrative hearings, and depositions will be
billed at 200 percent of the above rates. Expedited work at client's request will be billed at
1500' time (Rush Fee).
Exnenses /1lateria6d
Seifel Consulting Inc. bills expenses as follows:
• In order to lessen time-consuming paperwork and processing costs, a 2% overhead charge
will be added to each invoice to cover a portion of reimbursable expenses. including phone
charges. in-house photocopying/printing, delivery charges and miscellaneous other charges
under $35. Other costs as itemized below, which differ significantly by client, will continue
to be billed separately.
Photocopying/report reproduction charges with a combined total exceeding $25 per month
will be billed at 10 cents per black B white single -sided letter page (20 cents for a ledger -
sized page) and one dollar per color single -sided letter page (two dollars for a ledger -sized
page), except for bulk reproduction of repots, which is charged on a direct reimbursable
basis.
Delivery service charges above $25 per month will be billed at cost.
• Travel costs will be billed on a direct reimbursable basis. Automobile mileage charges will be
billed based on the Internal Revenue Service Optional Standard Mileage Rate. Other travel
and per diem expenses, including airfare, automobile rental and hotel (if necessary) are
charged at actual cost.
• Interest on all outstanding invoices that are past 30 days will be calculated based on a 10%
yearly rate or a daily rate of .02749.'4.
Scifel Consulting Inc. 11
Subcontractor Alanaeement
Upon client approval, where Seifel Consulting Inc. is managing subcontractor(s), a contract
administrative charge of 10 percent will be applied to all subcontractor invoices.
Project Delays
While we attempt to provide staffing arrangements for projects based on Current conditions,
projects that are put on hold by the Client may require an adjustment of team members based
upon the date the project resumes. In accordance with that date, additional hours will be
required to familiarize and educate team members and will be billed as additional services.
Further, if the Client's key staff member(s) originally assigned to the project are no longer able
to work on the project in the future, the budget may need to be revised to reflect training and
education of new staff assigned to this project.
If the project is put on hold by the Client for a term of six (6) months or more, the contractual
fee arrangement may be adjusted to reflect appropriate fee scales.
Payment Terms
brroicin9
Seifel shall invoice Client on a monthly basis for all hourly services performed and all
reimbursable expenses incurred by Seifel during the preceding month. Invoices are due and
payable by Client within thirty, (30) days of invoice date. Invoices not paid by Client within
thirty (3 0) days of invoice date shall commence bearing interest on the 31 st day after invoice
date at the rate of 10 percent (10%) per annum until they are paid in full.
Delinquent Purment; [i'orkStonnaee
If at any time Client is more than thirty (30) days delinquent with respect to an undisputed
invoice, Seifel reserves the right to stop performing services under this letter agreement without
any liability whatsoever to Client for damages of any kind client may incur in connection with
Seifel's work stoppage.
Good Faith Disputes
In the event of any good faith dispute with regard to any portion of any Seifel invoice, the
undisputed portion shall be paid as provided herein. Upon resolution of the disputed portion.
any amounts paid to Seifel shall be paid with interest at the rate set forth above, accruing from
the 31 st day after the invoice date.
Any disputes concerning Seifel's invoices must be addressed by Client in writing to Seifel
within thirty (30) days of the invoice date. The absence of any such inquiries within the thirty
(30) day period shall be deemed an unequivocal acceptance of Seitel's services and an
agreement with Seifel's charges for all such services/materials.
Seifel Consulting Inc. 12
Client Information
Client shall promptly provide Seifel with all of the information, surveys, reports, and
professional recommendations requested by Seifel in order to provide its professional services.
Seifel may rely on the accuracy and completeness of these items.
Indevendent C'ont•actor .Status
It is understood that Seifel, in performing the services described in this letter agreement, shall
act as and be an independent contractor, and not an agent or employee of Client. Nothing in this
letter agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee; it is expressly acknowledged that Seifel is not an employee of Client
for federal or state tax purposes. Seifel shall retain the right to perform services for other
ventures or concerns during the term of this letter agreement.
Cotfldentialitr
During the term of Seifel's rendition of services to Client under this letter agreement, both
parties will have access to confidential information made available by the other. Each party
shall use the confidential information of the other only in connection with this letter agreement,
and each party shall protect such confidential information in the same manner as it protects its
own confidential information of like kind. Neither party will use the name, logo or other
identifying marks of the party outside of their own organization without the prior written
consent of the other party. Neither Seifel nor Client shall solicit, offer work to, employ, or
contract with, whether as a partner, employee or independent contractor, directly or indirectly,
any of the party's personnel dm ing the term of this letter agreement and for a period of twelve
(13) months thereafter, without the consent of the other party. "Personnel" shall include any
individual or company either party employs as a partner, employee or independent contractor
and with whom the other party comes into direct contact with during the term of this letter
agreement.
Limitation of Liuhilih,
It is expressly understood and agreed that under no circumstances shall Seifel be liable to Client
for any errors or omissions in Seifel's work product caused by Client furnishing erroneous,
incomplete or misleading data, information, figures, and/or assumptions to Seifel.
Neither party shall be liable to the other for any breach under this letter agreement in an amount
more than the total fees to be paid Seifel under this letter agreement.
Neither party shall be liable for damages for lost profits, lost business opportunities, lost data or
for any consequential exemplary, incidental, indirect, economic or punitive damages arising out
of this letter agreement, however caused, and whether arising under contract, tort (including
negligence) or any other theory of liability. Client acknowledges that Seifel's fee structure and
other charges have been based upon the inclusion of the immediately preceding sentence in this
letter agreement.
Seifel Consulting Inc. 13