Item No.
STAFF REPORT
DATE: April 27, 2026
TO: Honorable Mayor and City Council
FROM: Dr. Sean M. Moore, City Manager
PREPARED BY: Ana V. Sauseda, Director of General Services/City Clerk SUBJECT: Discussion Regarding a Strategic Plan for the City of Yucaipa RECOMMENDATION:
That the City Council:
Review and Discuss previous direction on how to proceed with developing the City's Strategic Plan; and
2. Provide further direction to staff.
BACKGROUND/DISCUSSION:
One of the five adopted City Council Goals for 2025 was to establish a strategic plan. A strategic plan is a roadmap that outlines short-term and/or long-term vision, goals, and strategies for achieving objectives, ensuring that resources are aligned to address needs and priorities. Key elements include:
• Vision: The desired future of Yucaipa
• Mission: How the community will achieve its desired future • Values: The core principles that will guide our actions • Goals: Broad, long-term objectives
• Objectives: Specific and measurable targets and objectives to achieve the goals • Strategies: The approaches and tactics to achieve the objectives and goals • Action Plans: Detailed steps and timelines for implementing the strategies and objectives to achieve goals
Basic expectations such as a balanced budget are documented in a strategic plan, but higher -level goals can be defined for a variety of areas including economic development, land use, parks and recreation, public safety, public capital infrastructure, emergency preparedness, etc. Financial impacts of each of these would be incorporated into a long-range financial plan (a component of the strategic plan). Challenges such as annual increasing operating costs could be overcome by
proactively considering options and alternatives before the situation is dire. Questions of whether to accept new capital infrastructure projects could be answered by checking compatibility with the plan. To summarize, a strategic plan is a roadmap, always available for reference to see if we are headed in the right direction in accordance with the residents' needs.
On March 24, 2025, staff brought an item to the Council recommending the release of an RFP for a consultant to lead the planning process and produce a strategic plan. The estimated cost was approximately $100,000, and the process would take around 12 months to complete from the award of the contract. Council gave staff the go-ahead to move forward with this approach but also questioned whether staff could lead the effort instead.
On April 14, 2025, the City Council directed staff to begin the strategic plan process through a "hybrid" model. Under this model, City staff would work in coordination with a consultant to facilitate the strategic planning process. The City Council adopted City of Yucaipa Purchasing Policy and Procedures would be followed for any and all procurements related to the strategic plan preparation process.
On June 23, 2025, staff provided Council with a status update and with an estimated timeline. The timeline consisted of contracting with a third -party facilitator to recommend best practices to maximize community participation. A Request for Proposals (RFP) was issued with a closing date of August 18, 2025. Responses were reviewed in early September, however, no contract was awarded as direction was given to staff to pause the process until a City Manager was selected.
With the City under new management, this is a great opportunity for the City Council to review and discuss the direction that was previously given to staff and provide further direction as necessary.
FISCAL IMPACT:
The recommendations do not result in a fiscal impact.
Attachment(s)
1. Request for Proposals — Strategic Plan Development Services
2. March 24, 2025 Strategic Plan Staff Report
3. April 14, 2025 Strategic Plan Staff Report
4. June 23, 2025 Strategic Plan Status Update Staff Report
ATTACHMENT 1
ADDENDUM NO. 1
RFP-Strategic Plan Development Services
The RFP Specifications for the above -referenced project are hereby amended as follows:
1. The word "DRAFT" has been removed from the specifications.
BY: a_l�
Phil ip White
Director of Finance
DATE: r30(7
CITY OF
TABLE OF CONTENTS
I. INTRODUCTION..................................................................................................................2 A. PURPOSE...........................................................................................................................................................2 B. BACKGROUND..................................................................................................................................................2 II. PROPOSED SELECTION SCHEDULE.............................................................................2 A. SUBMITTAL PROCESS......................................................................................................................................3 B. INQUIRIES.........................................................................................................................................................4 III. SCOPE OF SERVICES.........................................................................................................4 IV. PROPOSAL FORM AND CONTENT.................................................................................5 A. COVER PAGE....................................................................................................................................................5 B. EXPERIENCE AND QUALIFICATIONS...............................................................................................................5 C. KEY PERSONNEL..............................................................................................................................................5 D. SERVICE DELIVERY APPROACH......................................................................................................................5 E. COST PROPOSAL..............................................................................................................................................6 F. AGREEMENT FOR PROFESSIONAL SERVICES..................................................................................................6 V. SELECTION PROCESS.......................................................................................................6 VI. TERMS AND CONDITIONS................................................................................................7 A.
PROPOSAL PREPARATION COSTS....................................................................................................................7 B.
RESERVATION OF RIGHTS...............................................................................................................................7 C.
ACCEPTANCE OF CONDITIONS........................................................................................................................7 D.
PROPOSAL INCLUSIONS...................................................................................................................................8 E.
WITHDRAWAL OF PROPOSAL BEFORE CLOSING...........................................................................................8 F.
PROPOSAL SUBMITTAL....................................................................................................................................8 G.
AGREEMENT EXECUTION............................................................................................................................8 H.
PROFESSIONAL LICENSING.........................................................................................................................8 I.
INSURANCE REQUIREMENT...........................................PF ..............................................................................8 J.
PUBLIC RECORD..............................................................................................................................................9 K.
EQUAL OPPORTUNITY.................................................................................................................................9 L.
INDEPENDENT CONTRACTOR..........................................................................................................................9 M.
CONFLICT OF INTEREST..............................................................................................................................9
APPENDIX A - PROFESSIONAL SERVICES AGREEMENT
1 I. INTRODUCTION
A. Purpose
The City of Yucaipa ("City") is seeking proposals from experienced parties qualified to provide Strategic Planning Services. The Strategic Plan is envisioned to establish a long-term vision for the City and set a course of action for the next few years by establishing priorities, outlining actions to effectively achieve objectives, and setting a framework for reporting progress to the City Council. The plan should provide a summary of key objectives that will allow city departments to develop workplans to implement the Strategic Plan using key performance indicators to measure success.
B. Background
The City of Yucaipa was incorporated on November 27, 1989, as a general law City under the provisions of the Government Code of the State of California. The City of Yucaipa currently has an estimated population of 54,550 and encompasses approximately 27.8 square miles.
Yucaipa's residents reflect a range of backgrounds and interests who tend to be actively engaged in community life.
The City operates under the Council -Manager form of government, broadly defined as combining the political/policy leadership of elected officials with the managerial leadership of the City Manager. The City Council Members are elected from five geographically defined districts for four-year terms. The City Manager leads a team of approximately 80 full-time employees with a total operating and capital budget in the amount of approximately $100 million for fiscal year 2025/26.
The City contracts with the San Bernardino County Sheriff's Department to provide law enforcement services. Fire protection and paramedic services are provided by the Yucaipa Fire Department through a staffing agreement with CAL FIRE. The City of Yucaipa is considered self -insured as it relates to Liability, Worker's Compensation and Property coverage, to the extent of an established self -insured retention. The City of Yucaipa is a member of the California Intergovernmental Risk Authority (CIRA). CIRA is a Joint Powers Authority, consisting of over 50 California cities, special districts, and agencies, created to provide "pooled" excess coverage for liability, worker's compensation, and property insurance programs for its members.
II. PROPOSED SELECTION SCHEDULE
The following is an estimated schedule. The City reserves the right to modify any of the dates in the following proposed schedule as deemed necessary. • RFP Distributed: Monday, July 28, 2025
• Written Questions Deadline: Tuesday, August 5, 2025 — 3:00 PM • Proposal Submittal Deadline: Monday, August 18, 2025 — 5:00 PM 2 A. Submittal Process
Proposals must be delivered in person, by mail service, or by courier service and must be received by the date and time listed below. Any proposal found ineligible, or incomplete shall not be considered for selection. Firms assume full responsibility for having their proposal deposited at the proper address no later than the scheduled closing time. Faxed or emailed proposals or modifications will not be considered.
Proposals will not be received after the closing date and time indicated below:
Proposal Labeling: PROPOSAL FOR STRATEGIC PLAN DEVELOPMENT
SERVICES
Submittal Closing: Monday, August 18, 2025, at 5:00 PM (No postmarks will be accepted. Proposals must be received in our office by the stated deadline.)
Location: City of Yucaipa
Attention: Phillip White, Director of Finance
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Email: phwite(kyucaipa.gov
Number of Copies: One (1) original, five (5) copies, and one (1) flash drive of the proposal marked "PROPOSAL FOR STRATEGIC PLAN
DEVELOPMENT SERVICES"
The Firm is solely responsible for ensuring its proposal is received by the City in accordance with all proposal requirements. The City shall not be responsible for any delays in mail/common carrier service or by other transmission errors or mistaken delivery.
The City reserves the right to postpone the submittal deadline and opening of proposals any time before the date and time announced in the RFP or subsequent addenda. The City may also cancel this solicitation at any time.
Proposals will not be opened publicly, and the City will endeavor to keep the proposals confidential until a Firm is identified by the City Council for final consideration. The original copy of each proposal will be retained and will become a public record after the award of a Professional Services Agreement unless the proposal or specific parts of the proposal can be shown to be exempt by law.
The City reserves the right to reject any or all proposals, to request additional information concerning any proposal for purposes of clarification, to accept or negotiate any modification to any proposal following the deadline for receipt of all proposals, and to waive any irregularities if such would serve the best interests of the City as determined by the City Council. The City may modify, clarify, or interpret the RFP by sending an addendum to each company that originally received the RFP. Any such addendum shall become part of the RFP
and of any Professional Services Agreement awarded. The City is not responsible for any other explanation or interpretation.
The Firm may make modifications to a proposal already submitted to the City but must submit a written request to withdraw its proposal to make the modifications. It is the responsibility of the Firm to ensure that modified proposals are resubmitted before the submittal deadline and in accordance with all proposal requirements.
B. Inquiries
All questions and inquiries related to this RFP must be emailed to [email protected] with a subject header titled "Strategic Plan Development Services" Please submit any questions on or before 3:00 p.m. on Tuesday, August 5, 2025. The City will post responses to all questions received on the City website at https://yucaipa.org/bids-contracts/ - under "BidNet Direct" link.
Providers must be registered on BidNet Direct to receive any addendums, updates or City responses to RFP questions. The identity of the Firm asking the question will not be posted.
Firms are not to contact City personnel with any questions or clarifications concerning this RFP other than through the method specified in this RFP. The City will initiate all official communication concerning this RFP. Any City response relevant to this RFP other than through, or approved by, the Interim City Manager is unauthorized and will be considered invalid. Verbal explanations or instructions given during any phase of this solicitation will not be binding. Additionally, all Firms are expressly prohibited from contacting members of the Yucaipa City Council during the RFP process. This prohibition does not extend to any current provider of services so long as the communications relate to the subject matter of the representation and not to this RFP. Firms who contact the Yucaipa City Council during this process will be immediately disqualified.
III. SCOPE OF SERVICES
Interested firms shall address in their qualification statements, their firm's ability to provide the following services if selected by the City. It is understood that there are a variety of models and approaches available to develop a strategic planning document. The City encourages proposers to submit their recommended strategy with a work plan and set of deliverables that will enable the City to establish a long-term vision supported by a multi -year strategic plan that incorporates measurable, quantifiable goals, and timetables for achievement. While the City seeks the consultants' recommendations regarding the best process to develop an actionable strategic plan, we are seeking a scope of work that will include the following components:
➢ Community Engagement: Facilitate a community visioning process consisting of public outreach through stakeholder meetings, online surveys, or other forums appropriate for outreach and public input. The City envisions using the information received through the community input process to assist the City Council in developing a long-term vision for the City that will serve as a framework for the strategic plan and priority setting process. 4 ➢ City Council Engagement: Develop a process and approach for gathering input from members of the City Council including priority and goal setting workshops. ➢ Employee Engagement and Involvement: Develop a process and approach for gathering employee input and ongoing engagement at all levels of the organization. Additionally, discuss the firm's approach to leveraging employee skill sets and involvement in the plan development process.
➢ Performance Monitoring: Develop methodologies for monitoring performance within the framework of the strategic plan, ensuring that priorities and goals are integrated within the budget decision -making process using financial and performance metrics reporting.
IV. PROPOSAL FORM AND CONTENT
Firms interested in responding to this RFP must submit a proposal that includes the following elements, and must be organized and divided into the sections indicated herein:
A. Cover Page
Firms should include a cover page as the very first sheet of their proposal. The contact person indicated should be an individual the City may contact for any questions or provide any correspondence related to this RFP.
B. Experience and Qualifications
Firms must describe the qualifications possessed to perform services under this engagement.
Include information about prior experience, number of years the firm has been in business, and specialized expertise. Experience with California local municipalities should also be identified by providing three (3) client references for which the proposer has provided similar services. References shall include the date and description of the service, project location, completion dates, organization's name, contact person, title, address, and telephone number.
Identify any consultants/sub-consultants that you would expect to use, noting relevant disciplines. Include resumes and information regarding those firm(s) qualifications.
C. Key Personnel
Please also include the names, education, qualifications, and years of experience of personnel to be assigned to the project during the specified project timeline and indicate what role these individuals will play in the project. Identify the principal and other key personnel and outline the organizational structure of the team and lines of authority.
Neither personnel nor subcontractors shall be changed without expressed prior permission of the City.
D. Service Delivery Approach
The proposal should contain a detailed description of the activities to be conducted by the consultant to complete the requested scope of work, including:
5 ➢ The specific activities to be conducted at each stage ➢ A timeline for the activities at each stage
➢ Milestones and deliverables tied to those activities
The proposal should include a summary of strategic planning experience and examples of similar projects. Include at least two (2) sample reports for similar projects prepared for other local government agencies.
Describe any attributes that distinguish the firm from others that are relevant to the selection process.
E. Cost Proposal
A detailed breakdown of the proposed fees and any other costs.
F. Agreement for Professional Services
The City of Yucaipa's Standard Agreement for Professional Services is attached for review and comment. The firm's submission of a proposal indicates affirmative compliance of such terms, unless the proposal indicates otherwise. Proposed revisions should be addressed in the cover letter. The City reserves the right to approve or reject any proposed revisions to the professional services agreement.
V. SELECTION PROCESS
After the receiving deadline, each proposal will be reviewed in a timely manner by the selection committee. The committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal.
Respondents who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal to the selection committee. This provides an opportunity for the respondent to clarify or elaborate on the proposal. These are fact-finding and explanation sessions only and do not include negotiation. The City will schedule the time and location of these presentations. Oral presentations are an option of the City and may or may not be conducted.
Notwithstanding, the City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, including negotiating with one or more of the proposers for the same service.
The City of Yucaipa will open contract negotiations with the top -ranked firm. The successful firm will be expected to enter into the Agreement for Professional Services with the City of Indio. Should negotiations with the top -ranked firm dissolve, the City of Yucaipa will begin contract negotiations with the next ranked firm, and so forth until an agreement is reached. 11 VI. TERMS AND CONDITIONS
A. Proposal Preparation Costs
The City is not, nor shall be deemed, liable for any costs incurred by Firm in the preparation, submittal, or presentation of their proposals.
B. Reservation of Rights
This RFP does not commit or obligate the City of Yucaipa to accept or execute an agreement for any expressed or implied service. The City reserves the right to:
• Reject any and all proposals received and to accept or reject any item(s) herein. • Take all proposals under advisement for up to one hundred and twenty (120) days after opening.
• Waive any informality on any proposal.
• Be the sole judge of the relative merits of the material mentioned in the respective proposal received.
• Request any Firm submitting a proposal to clarify its proposal during the selection phase.
• Modify or alter any requirements herein, and issue addenda or amendments to this RFP.
• Terminate this RFP process at any time.
C. Acceptance of Conditions
It is the Firm's responsibility to examine the scope and location of the proposed work to fully acquaint themselves with the specifications and the nature of the work to be accomplished.
Firm's shall have no claim against the City based upon ignorance of the nature and requirements of the services provided, misapprehension of the work environment, or misunderstanding of the specification or agreement provisions. By submitting a proposal, each Firm expressly agrees to and accepts the following conditions:
• Proposal and cost schedules shall be valid and binding for one hundred and twenty (120) days following the proposal due date and will become part of the Agreement that is negotiated with the City.
• The City may require whatever evidence is deemed necessary relative to the Firm's financial stability and ability to perform these services. • The City reserves the right to request further information from the Firm, either in writing or orally, to establish any stated qualifications. • The City reserves the right to solely judge the Firm's representations, and to solely determine whether the Firm is qualified to undertake these services pursuant to the criteria set forth herein. The Firm, by submitting a proposal, expressly acknowledges and agrees that the judgment of the City as to whether or not the Firm is qualified to perform these services shall be binding, final and conclusive. 7 A Proposal Inclusions
The RFP documents shall be submitted in their entirety, with ALL applicable portions fully completed by the Firm. All Firms are encouraged to review and confirm that their proposal includes and specifically addresses all of the proposal requirements prior to submitting as outlined elsewhere in this document.
E. Withdrawal of Proposal Before Closing
Any Firm may request the withdrawal of their submitted proposal by written request at any time prior to the scheduled closing date and time. Upon receiving a written request to withdraw any proposal, the City will consider the proposal null and void and return the proposal to the Firm. Withdrawal of proposal will not impact Firm's resubmittal for this or any future proposal(s).
F. Proposal Submittal
All Firms shall complete and return one (1) original and five (5) copies on standard sized paper and one (1) flash drive of their proposal. More than one (1) proposal from an individual, firm, partnership, or corporation under the same or different names will not be considered.
G. Agreement Execution
Provide a statement that Provider has reviewed the City's standard Professional Services Agreement (attached hereto) and is able to meet the requirements in the Agreement with specific attention to the insurance requirements. Untimely exceptions to the proposal specifications or the Professional Services Agreement are waived.
H. Professional Licensing
The professional services provider, and any sub-consultant(s), shall possess any necessary professional certification(s) and/or license(s) relative to the work to be performed required by an appropriate licensing authority of the State of California and shall provide evidence of such to the City with their proposal or prior to commencement of the work in such a form as the City shall require.
I. Insurance Requirement
The Firm shall, at its own expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the consultants, its agent, representatives, employees, or subcontractors. Firm shall also require all of its subcontractors assigned to provide services to procure and maintain the same insurance requirement for the duration of the Agreement. Specific insurance requirements are as follows:
• General Liability Insurance of at least $2,000,000 per occurrence and $4,000,000 aggregate liability.
• Automobile Liability Insurance of at least $1,000,000 per accident. 0 Worker's Compensation Insurance of at least $1,000,000 per claim.
• Professional Errors and Omissions Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate liability.
J. Public Record
Be advised that all information contained in proposals submitted in response to this solicitation shall become a matter of public record upon award of the Professional Services Agreement, and made available upon request, unless otherwise marked. The Firm must identify, in writing, all copyrighted material, trade secrets or other proprietary information the Firm claims are exempt from disclosure pursuant to the California Public Records Act ("CPRA"). The Firm who claims such an exemption must also state in the proposal that:
"The Firm agrees to indemnify and hold harmless the City and its officers, employees and agents from any claims, liability or damages against the City and to defend any actions brought against the City for its refusal to disclose such material, trade secrets or other proprietary information to any party."
The City will determine what information to redact or withhold, in its sole discretion, in response to any request made under the CPRA.
K. Equal Opportunity
The City of Yucaipa requires all Firms to comply with equal opportunity policies.
L. Independent Contractor
The selected Firm will be an independent contractor. All persons employed by the Firm in accordance with an Agreement resulting from this RFP will be employees of the Firm and not of the City of Yucaipa.
M. Conflict of Interest
No official, officer, or employee of the City of Yucaipa or of a local public body during his/her tenure or for one year thereafter shall have an interest, direct or indirect, in this Professional Services Agreement or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge, no board member, officer or employee of the City of Yucaipa has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Yucaipa, and that if any such interest comes to the knowledge of either party at any time, a full disclosure of such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title 1 of the Government Code of the State of California.
W
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF YUCAIPA
A CALIFORNIA MUNICIPAL CORPORATION
AND
[***NAME***]
[***INSERT ENTITY TYPE AND STATE OF
INCORPORATION***]
CITY OF
00091740.2
PROFESSIONAL SERVICES AGREEMENT
FOR EXECUTIVE SEARCH CONSULTING SERVICES
BETWEEN THE CITY OF YUCAIPA AND [Insert Consultant's Name] THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this �] day of [ ], 20[] ("Effective Date"), by and between the CITY OF YUCAIPA ("City"), a California municipal corporation and [Insert Consultant's Name], [Insert entity, state of corporation and type of entity, e.g. a California corporation, a limited partnership, a limited liability company] ("Consultant"). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
1. City has sought by issuance of request for proposals the performance of the Executive Search Consulting Services defined and described particularly in Section 2, "Scope of Services and Schedule of Performance" of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.
5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 "Scope of Services" of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through [Insert Date, recommend using end of current fiscal year], commencing on Effective Date, unless otherwise extended by written agreement of the Parties.
00091740.2 Page 11
(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month -to -month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 "Compensation." (c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.
SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit "A," "Scope of Services" (hereinafter, the "Services"), and the City agrees to retain and does hereby retain Consultant for the Services.
SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed [Insert Contract Amount] ("Not to Exceed Amount"), unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. (b) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(c) If this Agreement is extended pursuant to Section 1 "Term of Agreement," the City shall pay the same rates specified in Exhibit `B" "Compensation." 00091740.2 Page 12
SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 23, "Notices" hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager's authority without approval by the City Council. (b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. 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. If the compensation set forth in Section 4(a) and Exhibit `B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement. 00091740.2 Page 13
SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 "Indemnification" and Section 18 "Insurance."
SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant's guarantees and warranties in Section 11 "Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant's rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, 00091740.2 Page 14
drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.
SECTION 9. CONSULTANT'S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices, "Section 23," of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.
SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. 00091740.2 Page 15
(b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Services" that shall also be applicable to Consultant's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. 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 at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. 00091740.2 Page 16
SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision -making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)- (f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal.
Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. 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 the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the Services 00091740.2 Page 17
under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents ("Indemnified Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants 00091740.2 Page 18
or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.
Consultant's duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.
In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.
SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.
City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 "Termination of Agreement." City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
00091740.2 Page 19
If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 "Insurance." The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performedby any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.
SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors / sub consultants, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant's staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 "Method of Payment and Invoicing" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 "Method of Payment and Invoicing" of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant's performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties. 00091740.2 Page 110
SECTION 22. EXCUSABLE DELAYS
Neither Party shall 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 either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. 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 Yucaipa
Attn: City Manager
34272 Yucaipa Boulevard
Yucaipa, CA 92399
To Consultant: [Insert Consultant Name]
Attn: [Insert Appropriate Party]
Address Line
Address Line
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 24. 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 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment" and the City Manager's contracting authority under the Yucaipa Municipal Code.
00091740.2 Page 111
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Parry to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 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 San Bernardino, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEY'S 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. ENTIRE AGREEMENT.
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this 00091740.2 Page 112
Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 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).
SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:
1. All exhibits and addendums
2. All amendments
3. Consultant's proposal, if any
4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement ("Funding Restrictions")
(b) The documents listed above shall be referred to collectively as the "Agreement Documents." The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant's proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.
SECTION 34. TIME OF THE ESSENCE.
Time is of the essence for each and every provision of this Agreement. 00091740.2 Page 113
PROFESSIONAL SERVICES AGREEMENT
FOR [Insert description of services, e.g. Accounting Services] BETWEEN THE CITY OF [CITY] AND [Insert Consultant's Name] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
CITY OF [CITY]
[Name]
City Manager
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
IN
CONSULTANT
LON
Its:
00091740.2
Signature Page
EXHIBIT "A"
SCOPE OF SERVICES
Interested firms shall address in their qualification statements, their firm's ability to provide the following services if selected by the City. It is understood that there are a variety of models and approaches available to develop a strategic planning document. The City encourages proposers to submit their recommended strategy with a work plan and set of deliverables that will enable the City to establish a long-term vision supported by a multi -year strategic plan that incorporates measurable, quantifiable goals, and timetables for achievement. While the City seeks the consultants' recommendations regarding the best process to develop an actionable strategic plan, we are seeking a scope of work that will include the following components:
➢ Community Engagement: Facilitate a community visioning process consisting of public outreach through stakeholder meetings, online surveys, or other forums appropriate for outreach and public input. The City envisions using the information received through the community input process to assist the City Council in developing a long-term vision for the City that will serve as a framework for the strategic plan and priority setting process. ➢ City Council Engagement: Develop a process and approach for gathering input from members of the City Council including priority and goal setting workshops. ➢ Employee Engagement and Involvement: Develop a process and approach for gathering employee input and ongoing engagement at all levels of the organization. Additionally, discuss the firm's approach to leveraging employee skill sets and involvement in the plan development process.
➢ Performance Monitoring: Develop methodologies for monitoring performance within the framework of the strategic plan, ensuring that priorities and goals are integrated within the budget decision -making process using financial and performance metrics reporting.
EXHIBIT "B"
COMPENSATION
[Provide Detailed Compensation Structure]
EXHIBIT "C"
INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance 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 the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $4,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
Notice of Cancellation
Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self - insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.
The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Other Insurance Provisions
In addition to the required insurance coverage and limits, the Contractor agrees to provide the following endorsements for each line of coverage, if applicable to that line of coverage.
ATTACHMENT 2
CITY OF
Item No. 10
AGENDA REPORT
DATE: March 24, 2025
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Financ (P
SUBJECT: Strategic Plan — Request for Direction
RECOMMENDATION:
That the City Council direct staff to commence the strategic planning process.
BACKGROUND/DISCUSSION:
On January 27, 2025, the City Council adopted 2025 Goals and Establishing a Strategic Plan was one of the five stated goals.
i) Deliver a Balanced Budget
2) Establish a Strategic Plan
3) Establish a Long -Term Financial Plan
4) Enhance Emergency Preparedness /
Management Capabilities
5) Continue to Enhance Transparency /
Communications Capabilities
A strategic plan is the culmination of community engagement and collaborative development. To best engage the community and to ensure the process integrates modern tools, methods and perspectives, best practice is to hire a consulting firm that specializes in strategic planning. It is anticipated that the process will take 12 months to complete. Staff is preparing a Request For
Proposal for Strategic Plan Development and is seeking the City Council's direction on whether to proceed.
A strategic plan is a roadmap that outlines long-term vision, goals, and strategies for achieving objectives, ensuring that resources are aligned to address needs and priorities. Key elements include:
• Vision: The desired future of Yucaipa
• Mission: How the community will achieve its desired future • Values: The core principles that will guide our actions • Goals: Broad, long-term objectives
• Objectives: Specific and measurable targets to achieve the goals • Strategies: The approaches and tactics to achieve the objectives • Action Plans: Detailed steps and timelines for implementing the strategies Basic expectations such as a balanced budget are documented in a strategic plan, but higher -level goals can be defined for a variety of areas including economic development, land use, parks and recreation, public safety, emergency preparedness, etc. Financial impacts of each of these would be incorporated into a long-range financial plan (a component of the strategic plan). Challenges such as increasing operating costs could be overcome by proactively considering options and alternatives before the situation was dire. Questions of whether to accept new capital projects could be answered by checking compatibility with the plan. To summarize, a strategic plan is a roadmap, always available for reference to see if we are headed in the right direction.
The Finance Committee meeting on March 19, 2025 included this item on its agenda.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact. However, in the scenario that the City Council directs staff to proceed, the City Council can expect that an item will return with additional detail on cost and requesting authorization of a consultant contract.
Approved b
ATTACHMENT 3
Item No. 14
AGENDA REPORT
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Finance (�)
SUBJECT: Strategic Plan — Alternative Options and Request for Direction RECOMMENDATION:
That the City Council:
1. Provide direction on how to proceed with developing the City's strategic plan; and
2. Consider expanding the role of the Measure S Oversight Committee to support this effort.
BACKGROUND/DISCUSSION:
In January 2025, the City Council adopted goals for the year. One goal was to create a strategic plan.
On March 24, staff brought an item to the Council recommending the release of an RFP for a consultant to lead the planning process. The estimated cost would be about $100,000, and the process would take around 12 months. The Council gave staff the go-ahead to move forward with this approach.
A strategic plan outlines a long-term vision and sets goals and strategies to meet that vision. It ensures resources are aligned to address priorities. Key elements include:
• Vision: The desired future of Yucaipa
• Mission: How the community will achieve that future
• Values: Core principles guiding our actions
• Goals: Broad, long-term aims
• Objectives: Measurable steps toward goals
• Strategies: Ways to meet objectives
• Action Plans: Timelines and steps for moving forward
These plans can cover areas like economic development, parks, public safety, and more. A long range financial plan can be a component of a strategic plan to align the use of resources with the objective.
They help guide decisions, plan for future costs, and ensure consistency in City direction.
During that March 24 h discussion, some Council Members asked if staff could lead the effort instead.
At the time, staff believed we didn't have the internal expertise. After further review, we believe we do. However, an internal process may carry risks like bias and public concern about transparency.
Now, we are coming back to the Council with three clear options and one idea for additional public involvement.
Option 1: Consultant -Led
A hired consultant would lead the entire planning process.
Pros:
• Less bias; offers an outside view
• No extra burden on City staff
Cons:
• Higher cost
• May still be seen as biased since the City is paying for it Option 2: Staff -Led
City staff would run the planning process.
Pros:
• Lower cost (uses current staff)
• Staff know City operations well
Cons:
• Staff may be biased about their own work
• Political influence may steer results
• May not be seen as transparent and could reduce trust • Would draw staff away from daily tasks
Option 3: Hybrid Approach (Staff + Consultant)
A mix of consultant and staff efforts. Consultant would lead parts of the project, and staff would assist where needed. Staff would issue a reduced scope RFP for a smaller consultant role.
Pros:
• Lower cost than full consultant -led
• Brings both internal knowledge and outside perspective • Staff and community stay engaged through the process
Cons:
• Requires clear boundaries to manage bias
• Will still need staff time and effort reducing availability for daily tasks
Involving the Measure S Oversight Committee
The Measure S Committee (Committee) is currently designed to oversee how those specific funds are spent. Staff believes the Committee could take on a broader role by helping evaluate all City operations. The Committee would also act as a conduit for community ideas. This would provide an added layer of outside input and increase public trust.
If the City Council agrees, the Committee could help shape the strategic plan by working with the public, staff, and a consultant. The result would be a draft plan for the City Council to consider.
Options Comparison
Option
Cost
Bias Risk
Public
Trust
Staff
Burden
Community
Input
Staff
Knowledge
Consultant-
Led
High
Medium
Medium
Low
High
Low
Staff -Led
Low
High
Low
High
Moderate
High
Hybrid
Medium
Low
High
Medium
Very High
High
Staff Recommendation
Staff recommends Option 3: Hybrid Approach with Measure S Committee involvement.
This approach saves money, brings in different viewpoints, and builds public trust. It also keeps staff involved in the process while allowing for outside support where needed. Staff is recommending this option as the most likely to result in the highest quality and the most community trusted outcome.
Request for Direction
Does the Council support expanding the Measure S Committee's role to assist with the strategic planning process?
Which of the three options —Consultant -led, Staff -led, or Hybrid —does the Council prefer? FISCAL IMPACT:
The fiscal impact depends on the direction given. Additional detail on the fiscal impact will be provided at the conclusion of the RFP process.
Approved 7by:�--E—�.!.� c
ATTACHMENT 4
Item No. 11
AGENDA REPORT
DATE: June 23, 2025
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Interim CityManager/Treasurer
Phil White, Director of Finance
SUBJECT: Strategic Plan Status Update
RECOMMENDATION:
That the City Council receive an update and provide direction on the strategic planning process.
BACKGROUND/DISCUSSION:
On January 27, 2025, the City Council adopted goals for the 2025 calendar year. The City Council's annual goal -setting process aims to clearly outline and agree upon priorities for the year, guiding both the Council and staff to allocate time and align resources with the stated objectives.
3.) Deliver a Balanced Budget
2) Establish a Strategic Plan
3) Establish a Long -Term Financial Plan
4) Enhance Emergency Preparedness /
Management Capabilities
5) Continue to Enhance Transparency /
Communications Capabilities
The goals were adopted in January to allow for inclusion in the FY26 Budget. The FY26 Budget was unanimously adopted by the City Council at the regularly scheduled meeting on June 9`h, 2025. 2025 City Council Goal #2, Establishing a Strategic Plan is important for Yucaipa for many reasons:
❖ Direction: Provides a common vision for the City of Yucaipa to spend its efforts and resources.
4- Alignment: Ensures the community, governance, staff and stakeholders are working towards the same goals.
❖ Decision -Making: Helps prioritize initiatives and allocate resources effectively. ❖ Performance Measurement: Allows progress to be tracked and measured. ❖ Adaptability: Provides a framework for responding to change, allowing continuous improvement.
Developing a strategic plan begins with identifying focus areas. With community participation, those focus areas are transformed into strategic priorities. The priorities lead into a vision statement and goals, which are followed by the development of action plans to achieve the stated goals. The development of a strategic plan is a lengthy process ultimately resulting in a document that is approved by the City Council. While the process is lengthy, staff is striving to have the strategic plan approved prior to the adoption of the FY27 Budget. Once implemented, each item heard by the City Council can be evaluated against the strategic plan. Evaluation can also be applied to items heard by commissions and committees ensuring unity and focus throughout all City business. The framework of the strategic plan allows for continuous improvement, which is achieved by measuring performance and adapting as necessary.
On April 14, 2025, the City Council directed staff to begin achieving 2025 Council Goal #2 and establish a strategic plan through a "hybrid" model. Under this model, City staff will work in coordination with a consultant to facilitate the strategic planning process. The City Council adopted City of Yucaipa Purchasing Policy and Procedures will be followed for any and all procurements related to the strategic planning process. Pursuant to the policy, if the procurement is within the City Manager approval authority, staff will not return to the City Council for contract award.
Yucaipa's strategic plan will be scoped, compiled and produced uniquely for Yucaipa. This will provide the most useful and valuable result to the community. The strategic plan will guide decision - making, which will shape services to be provided, which will directly effect the annual budget. The process is labor-intensive requiring frequent updates and directional checks. Staff is preparing to kick-off the process and is providing this status update to the City Council to provide a timeline and an opportunity to provide feedback or direction.
As described above, the process begins with determining focus areas:
•S Housing & Community Development
❖ Police
❖ Street Maintenance
••• Park Maintenance
❖ Fire Protection
❖ Infrastructure & Capital Improvement
❖ Senior Services
•'• Paramedic Services
•3 YPAC
❖ Emergency Management
❖ Economic Development
❖ Recreation
❖ Festivals
❖ Financial Plan
This is a partial list of focus areas to initiate the process. Additional focus areas will be added to ensure a complete list. These focus areas each have fiscal restraints and scoping considerations to be balanced. Additionally, these areas are not siloed. Many overlap or cut across each other. The conversion of these overlapping focus areas into strategic priorities is a challenging process requiring debate. The process will take place throughout the summer and fall with a successful result anticipated in November/December. The process next leads to goals and action plans through the winter and concludes with a complete strategic plan in the spring.
Community input is key to the process. The methods and forums to gather community input are currently under consideration. In its recent past, the City has held town hall meetings and has also opened community surveys. Both were successful. As part of the hybrid approach, we will lean on a consultant to recommend best practices to maximize community participation.
As this is one of the City Council adopted goals for the 2025 calendar year, costs have been included in the adopted budget.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.