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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 uF TT 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. I �eCy21c]:10111►U7 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. LA #4814-2021-6581 %1 - I - 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 LA 44814-2021-6581 u 1 - 1) - 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. LA X4814-2021-6581 %1 _ j _ 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. �1 fl [�J`►[9�.91Y:1�D7 L71Z�laa31 0MC�►7l.1►[�l 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. 1.A X4814-2021-6581 vi -4- 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. LA 44814-2021-6ig1 of - j - 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, LA 44314-2021-6531 %1 -6- 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 LA 14814-2021-6581 V 1 - 7 - 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. LA #4814-2021-6581 v 1 -8- 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. LA#4814-2021-6;81 v1 - 9 - 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. 6876 vl LA #4814-2021-6581 v 1 A-1 6876 vl 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. 6876 -✓1 LA 94814-2021-6581 V1 i 6876 vl • 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 B-2 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 C-1 (3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of not less than $1,000,000 per accident. (4) Professional Liability: $1,000,000 per occurrence. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to City. 2. General 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 C_2 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 C-3 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