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HomeMy WebLinkAbout4.2 GP Econ Dev Elementor 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL December 4, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -30 SUBJECT: Amendment to Agreement with Economic & Planning Systems, Inc. for the Economic Development Strategy and General Plan Economic Development Element Prepared by Hazel L. Wetherford, Economic Development Analyst EXECUTIVE SUMMARY: The current Agreement with Economic & Planning Systems expires in December 2012. The proposed amendment to the Agreement would extend the agreement until June 30, 2013 to complete the preparation of the City's Economic Development Element. FINANCIAL IMPACT: Funding for this Agreement has been budgeted in the Fiscal Year 2012 -2013 Economic Development Operating Budget. The contract amount is not to exceed $142,000. This contract amount will remain in effect for the term of the amended agreement. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving the Amendment to the Agreement between the City of Dublin and Economic & Planning Systems, Inc. ��- Submitted By Reviewed By Economic Development Director Assistant City Manager DESCRIPTION: The current Agreement with Economic & Planning Systems, Inc. was approved by the City Council on March 20, 2012, and will expire on December 31, 2012 (Attachment 2). In response to adding an executive roundtable to the project schedule, the project timeline was impacted and additional time is needed to complete the General Plan Economic Development Element. The Economic Development Strategy was adopted by the City Council on November 6, 2012, and it is anticipated that the Economic Development Element will be completed in mid - spring 2013. Page 1 of 2 ITEM NO. 4.2 If approved by the City Council, the proposed Amendment would be effective as of December 4, 2012 and would extend the term of the Agreement through June 30, 2013, at the current scope of services and contract amount of $142,000. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving an Amendment to Agreement between the City of Dublin and Economic & Planning Systems, Inc. (Amendment to Agreement attached as Exhibit A to the Resolution). 2. Agreement dated March 20, 2012 Page 2 of 2 RESOLUTION NO. XX -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND ECONOMIC & PLANNING SYSTEMS, INC. WHEREAS, on March 20, 2012, the City Council approved an agreement with Economic & Planning Systems, Inc. to develop an Economic Development Strategy and General Plan Economic Development Element for the City of Dublin; and WHEREAS, the City wishes to extend the Agreement with Economic & Planning Systems, Inc. until June 30, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Amendment to Agreement between the City of Dublin and Economic & Planning Systems, Inc attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment to the agreement, attached hereto as "Exhibit A. ", including any non - substantive changes thereto. PASSED, APPROVED AND ADOPTED this 4th day of December, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ECONOMIC & PLANNING SYSTEMS, INC. THIS FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ECONOMIC & PLANNING SYSTEMS, INC. is hereby entered into this day of November, 2012 by and between the City of Dublin ( "City ") and Economic & Planning Systems, Inc. ( "Consultant). RECITALS A. City and Consultant entered into that certain Consulting Services Agreement between the City of Dublin and Economic & Planning Systems, Inc., dated March 20, 2012 ( "Agreement ") whereby Consultant agreed to provide certain consulting services pertaining to the preparation of an Economic Development Strategy and General Plan Economic Development Element, and more completely described in Exhibit A of the Agreement. B. Pursuant to Section 1.1, the Agreement will expire on December 31, 2012, notwithstanding that the work agreed to in the Agreement is not expected to be completed by that time. C. City and Consultant desire to extend the term of the Agreement to allow for completion of the work described. NOW, THEREFORE, CITY AND CONSULTANT hereby agree as follows: Section 1.1 of the Agreement is hereby amended to read in full as follows: 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2013, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. IN WITNESS WHEREOF, the parties hereto have cause this Amendment to be executed as of the date and year first above written. CITY OF DUBLIN CONSULTANT Joni Pattillo, City Manager David Zehnder, Managing Principal Attest: Caroline Soto, City Clerk Approved as to Form: John D. Bakker, City Attorney 2001489.1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ECONOMIC & PLANNING SYSTEMS, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and Economic & Planning Systems, Inc., a California Corporation ( "Consultant ") as of March , 2012. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2012, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographicai area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession, 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1,4 Time, Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Forty Two Thousand dollars ($142,000.00), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc. Page 1 of 14 Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: • Serial identifications of progress bills; i.e., Progress Bill fro. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ■ The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment, City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. Consulting Services Agreement between 212712012 City of Dublin and Economic & Planning Systems, Inc. Page 2 of 14 In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown in Exhibit B. 2,6 Reimbursable Expenses. Reimbursable expenses shall be included in the hourly rate and not paid separately, with the exception of acquiring the NETS database, not to exceed three thousand dollars ($3,000.00). Total contract amount is not affected by this change. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services, The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement, City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc. Page 3 of 14 insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if Insurance is provided, or the Consultant, if a program of self - insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. In the event that any coverage required by this section is cancelled, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the cancellation. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, Including the use of owned and non - owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11188) or Insurance Services Office form number GL 0002 (ed. 1173) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Consulting Services Agreement between 212712012 City of Dublin and Economic & Planning Systems, Inc. Page 4 of 14 Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12190) Code 8 and 9 ( "any auto "). No endorsement shall be attached limiting the coverage. 413 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. C. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self - insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers, e. In the event that coverage required by this section is canceled, suspended, voided or reduced in coverage or in limits, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five (5) days after Consultant is notified of the cancellation. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self - insured retention shall not exceed $150,000 per claim. 4.3,2 In the event that coverage required by this section is canceled, suspended, voided or reduced in coverage or in limits, Consultant shall provide written notice to City Consulting Services Agreement between 212712012 City of Dublin and Economic & Planning Systems, Inc, Page 5 of 14 at Consultant's earliest possible opportunity and in no case later than five (5) days after Consultant is notified of the cancellation. 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims -made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc. Page 6 of 14 such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-insured Retentions. Consultant shall disclose to and obtain the approval of City for the self - insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self- insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ■ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage Consulting Services Agreement between 2127/2012 City of Dublin and Economic & Planning Systems, Inc. Page 7 of 14 to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to properly, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. Consulting Services Agreement between 2127/2012 City of Dublin and Economic & Planning Systems, Inc. Page 8 of 14 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7,3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7,5 Nondiscrimination and E uai Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8, TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Consulting Services Agreement between 2/2712012 City of Dublin and Economic & Planning Systems, Inc. Page 9 of 14 8.2 Extension, City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties, 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.6 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8,6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Consulting Services Agreement between 2127/2012 City of Dublin and Economic & Planning Systems, Inc. Page 10 of 14 Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, Including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS, 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc. Page 11 of 14 adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement, 10.4 No_impiied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement, 10.5 Successors and Assigns, The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the worts performed pursuant to this Agreement, No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City, If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 ef.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation, Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the Economic Development Director ( "Contract Administrator "). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc. Page 12 of 14 Economic & Planning Systems, Inc. Attn: David Zehnder 2295 Gateway Oaks Drive, Suite 250 Sacramento, CA 95833 Any written notice to City shall be sent to: City of Dublin Attn: City Manager 100 Civic Plaza Dublin, CA 94568 10,11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped /sealed and signed by the licensed professional responsible for the report/design preparation. The stamp /seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration, This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN nni Pattillo, City Manager Attest: Caroline Soto, City Clerk Approved as to Form: CONSULTANT Dirk Zehnder, Managing Principal 4 Ti m L ftxk%s ma-nafl-ad Mmip6d Consulting Services Agreement between 2/2712012 City of Dublin and Economic & Planning Systems, Inc. Page 13 of 14 Y )o6 Bakker, City Attorney JA vrpd %1nrsw1t WOO ITormslstandard consultant services agreement.doc Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc, Page 14 of 14 EXHIBIT A SCOPE OF SERVICES 1. INTRODUCTION The City enjoys an advantageous location In the heart of the Tri- Valley area, with direct connection to major regional Job markets and a substantial supply of housing, as well as regional transportation nodes, a burgeoning downtown area, and desirable locations for continued future economic activity at the Camp Parks outpost and the Eastern and Western Extended Planning Areas, At this stage, the City seeks to understand how It can strengthen existing businesses and attract new businesses and Industries that present a viable fit with current and future City resources. This understanding wilt Inform ongoing efforts to establish a formal economic development strategy that can be Implemented in phases over a reasonable time frame, and an Economic Development Element to be Integrated Into the General Plan and serve as a guidepost for economic development efforts for years to come. Through substantial experience analyzing economic Issues In the Tri- Valley and East Bay Regions, the EPS Team recognizes the many challenges and opportunities that shape the economic development dreumstances In the City and surrounding area, while the Tri - Valley Region certainly is a very attractive location for various Industrial activities and office employment and offers a variety of appealing residential areas for workers of all strata, Dublin must compete with Its neighboring communities for economic initiatives that may vilsh to locate in the region. Nonetheless, Dublin possesses many unique advantages that can he leveraged to enhance Its econorntc development efforts, such as its excellent location and freeway transportation Infrastructure, two popular BART stations, the Camp Parks area, and the surrounding land assets. Furthermore, Dublin can build on and leverage the success of surrounding communities by tapping into the input /supply chain. Recognizing the unique opportunities and challenges confronting Dublin, the EPS Team has structured an approach that offers a comprehensive and cost effective economic analysis and Implementation plan to the City. This approach, methodology, and specific scope of work are described below. Proposed Approach and Methodology The EPS Team will complete a study comprising five major phases (or tasks) that will result in an economic development strategy for the City, in the first task of the project, the EPS Team will engage City staff to discuss local economic development perspectives, gain an understanding of the business climate, and establish a stakeholder engagement process. As part of the stakeholder engagement efforts, the EPS Team proposes to work with the City to engage a roster of stakeholders with members representing various perspectives on economic development in the Dublin area, This group will likely Include local employers, business leaders, real estate experts, community group representatives, etc. These stakeholders will act as to resource for the EPS Team, provide Insight on opportunities and constraints, and explore strategies. The first task will provide the appropriate level of context and groundwork to begin In -depth technical analysis. The second task will focus on assessing the City's market conditions and fconomk & Planning SWems, lnc, 1 ,,._a,.y „___,__..,,.,,_ Tt..n..W.....�. :s,- Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc. - Exhibit A Page 1 of 11 Economic DeVelopment Strategy and General Plan Economic Development Element Scope of Work February 22, 2012 competitive position. During the second task, the EPS Team will analyze a plethora of comparative economic and demographic data, analyze Industry- sector performance, create a business vitality index to measure the City relative to its competition, and conduct case studies of competitive geographic areas. For the third task, the EPS Team will develop the detailed analysis necessary to identify economic development opportunities and challenges, create a list of viable sectors, and evaluate development alternatives. This phase will Include development of a viable sector Index, based on industry variables, as well as a strengths, weaknesses, opportunities, and threats (SWOT) and sector needs gap and financial feasibility analysis. The fourth task will combine the analysis from the first three tasks to develop strategic recommendations to help the City enhance Its economic development potential by capitalizing on the Identified strengths and mitigating the critical weaknesses, At the conclusion of tills portion of the project, the EPS Team will produce a Final Economic Development Strategy report that Incorporates the strategies and key findings from the analysis and presents highlights from the report to stakeholders. Subsegtlentty, the results of file Economic Development Strategy will be formulated Into a policy framework that will undergo another period of review and comment by stakeholders and City representatives before ultimately being memorialized Into an Economic Development Element that will be Integrated Into the City's General Plan and serve to guide future economic development efforts In Dublin for many years to come. Each of the five major tasks and underlying subtasks are described In greater detail hi the Scope of Work section of this Proposal. Economic & Planning Systems, Inc. 2 . -, . #.,..,.. �........, Consulting Services Agreement between 2/2712012 City of Dublin and Economic & Planning Systems, Inc. - Exhibit A Page 2 of 11 2, SCOPE OF WORK Part 1: Prepare Economic Development Strategy The first major portion of the EPS Team's work effort will focus on creating a "custom -fit" Economic Development Strategy for Dublin. The process of creating this strategy will be composed of a thorough assessment of market opportunities and constraints through a robust empirical assessment and extensive qualitative research gained through extensive primary and secondary research and Interviews with local experts and members of the business community. Task is Establish Area Context The EPS Team will begin this process by establishing the geographic area to be studied, including Identifying competing or collaborative cities and regions. The EPS Team will study these areas through review of existing studies, Interviews, and primary research. Subfask 1.1r GatherWormation As an initial step, the EPS Team will meet with City staff to review project objectives, gather relevant background materials (e.g., General Plan, Downtown Specific Plan, marketing materials, and relevant regional publications), tour the area and view assets, and create an agreed -on stakeholder engagement process. The EPS Team will conduct ht -depth Interviews with City staff, City Council members, and appropriate local and regional organizations (e,g., the Chamber of Commerce, East Bay Economic Development Alliance [EDA), IGATE, Innovation Tri- Valley, Alameda County workforce Investment Board [ACWIBj, Bay Area Council, the Association of Bay Area Governments [ABAG]), major employers, btlsltess owners, and community members to explore topics such as economic development efforts and outcomes, competition for business location and expansion projects, opporlunitles and challenges, vision for the future, and resource priorities, The EPS Team will work with City staff to Identify relevant stakeholders (such as those Identified above) to serve as a resource, Identify constraints and opportunities, provide general guidance and feedback, and explore economic development strategies. The EPS Team will meet with members of this group (either collectively, Individually, or in focus groups, as appropriate) to open dialogue on the project and discuss key objectives, economic development potential, critical constraints, and vision for the future. In addition, the EPS Team will review background materials, along with other regional studies, business media, and Initiatives that have been Implemented; distill key findings and efforts; and follow up with appropriate representatives to provide necessary clarification or additional information. 5ubfask 1.2: identify Competitive Geographicdreas The EPS Team will Identify a set of three or four local competitive geographic areas (e.g,, communities, cities, counties, regions), based on findings from stakeholder Interviews, document reviews, and a similarity analysis of comparative economic and demographic data. The EPS Econon7k & Planning systems, Inc. 3 .r ....... ......... Consulting Services Agreement between 2/27/2092 City of Dublin and Economic & Planning Systems, Inc.- Exhibit A Page 3 of 11 rconomk Revelopment strategy andceneral Plan EcOnomk oevelopmentflement Proposal February 22, 2012 Team will share the list of competitive geographic areas with City staff for feedback and adjust the list as appropriate. The FPS Team will provide a high -level profile of each competitive area, Including broad economic and demographic Indicators from the similarity analysis (e.g., population, employment, and industry structure), The FPS Team will present similar indicators for Dublin, Task 1 4utout • A document summarizing the profiles of the competitive geographic areas. Task 1 Schedule • 1 month Task 1 Cost 1 $8,000 Task 2. Prepare Market Evaluation After an Initial review of technical studies and meetings with City staff and stakeholders, the FPS Team will perform a more technical and detailed analysis of the City and Its competitive environ ment. Subtask 2,1, Prepare Market Assessment The CPS Team will begin preparing a market assessment that will comprise an economic and demographic profile or the City, Including factors such as employment, quantity and type of establishments, workforce, population, Income, educational attainment, housing, taxable sales, land use, financial indicators, and commercial real estate performance Indicators (e.g,, achievable rent and sales prices; vacancy rates; and absorption for retail, office, and Industrial space), The FPS Team will provide similar comparative factors for the Cast Day. As it pertains to land assets and real estate, the market assessment will focus all retail, office, and industrial space and will include an estimated forecast of land needs among these sectors, based on the most recent and reliable employment projections, land use absorption rates, and an assessment of Dublln's competitive position In the region, This projection will be compared with existing land assets to recommend the potential scale, location, and timing of new development to accommodate growth, The market assessment will also focus on the employment and Industrial base of Dublin, and the CPS Team will gather and create detailed industry employment and establishment data and Economlc & Planning Systems, Inc. 4 Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc.- Exhibit A Page 4 of 11 Economic Development Strategy and General Plan Economic Development Element Proposal February 22, 2012 forecasts for the City and East Bay.' Tints will Include an analysis of historical trends and projections, composition, and specialization of the regional and local Industry sectors and examine components of the City's economic base and key Inter- Industry and value chain relations using Input - output model data. The FPS Team will apply national and statewide staffing pattern matrices to Industry data to assess the workforce employment breakdown and related sklil levels and competencies. Based on this period of research and analysis, the FPS Team will delineate the City's general role In the East Bay economy based an the EPS Team's professional knowledge and experience, possible regional growth patterns, and historical and projected economic and demographic trends, Subtask 7.2. Establish the City's Competitive Position To evaluate the City's competitive position, the EPS Team will assess Information related to the City's general business climate and the competitive geographic areas. This evaluation will Include a review of high -level Industry, Infrastructure, workforce, business cost, regulatory, revenue, and tax /fee factors using comparative databases and will assess other general economic factors In the City and competitive geographic areas such as Industry performance, Income, workforce skills, housing, and commercial real estate. The EPS Team will compare the business climate and economic factors in the competitive geographic areas with the City and Identify significant divergences. The EPS Team will build a business vitality Index using tip to 10 Indicators from the business climate and economic analysis to measure the city's economic features relative to the four competitive geographic areas. This tool will provide a quantitative score and ranking of tine city's competitive position and will be structured so It can be updated at future points, The EPS Team will conduct case studies of the competitive geographic areas and will interview selected local economic development representatives (e.g., government entities, economic development corporations, chambers of commerce, and entrepreneurship organlzatons) and review published documents and economic reports to assess successful Initiatives, current efforts, competitive assets, Incentive offerings, and best practices that have led to or helped foster economic growth and development. The EPS Team will analyze major sector Industry employment and establishment data to identify key economic trends and structural shifts. At the concluslotn of tills subtask, the EPS Team will meet with key members or the stakeholder group and share the economic and competitive analysis to gather Insight on business viability factors and ways to take advantage of best practices from the case studies. 1 The EPS Team will use the National Establishment Time Series (NETS) database to build analysis for the City economy —the City will own and can continue to use the full database upon pro*t completion. In addition, the EPS Team will valldate NETS employment data by comparing/ contrasting to ensure consistency with the most recent ABAG projections. The EPS Team will seek to leverage previously - analyzed NETS data available in the Economic Development Strategy to the extent that is practical and useful in the study. Ecvnomtc & Planning Systems, Inc. 5 z,,..�._W.,. _. ......., ...,...,F Consulting Services Agreement between 2/27/2092 City of Dublin and Economic & Planning Systems, Inc, - Exhibit A Page 5 of 11 Ecaaomk Qevetopment 5trategy and Gerteral Plan Economk OeVelopment Element Proposal February 22, 2012 Task 2 Output A document summarizing the economic and demographic profile and business vitality index. Task 2- 50:Mdule 2 months Task 2 Cost • $25,000 Task 3; Establish Economlc Development Potential The UPS Team will assess the City's economic development potential by analyzing the requirements for certain key desired businesses and sectors and comparing this list to the City's existing (and potential future) assets. Subtask 3.1; Identify Viable Economic Activities The FPS Team will create a multiple- factor economic performance indexing model for the City and Identify those established and emerging economic activities and sectors presenting the greatest economic development potential, as well as cluster and workforce fluidity opportunities. The UPS Team will assess the city's Industry specialization and expected retail sales to Identify possible areas of under - specialization and retail leakage and will evaluate other Indicators of economic performance such as non - employertrends, small and medium enterprise dynamics, firm exits from the City, Innovation activity, and business size characteristics. In collaboration with City staff, the FPS Team will select up to six sectors or clusters from the Indexed list of established and emerging sectors to act as targeted sectors.2 The UPS Team will provide an overview of the associated economic activities and will complete a condensed literature review, focusing on growth and development topics for the six selected economic activities. The EPS Team will research and compare the general needs of targeted ecwnomlc activities with existing assets, infrastructure, and other broad requirements In the City, based on interviews, document/Ilterature reviews, area tours, professional experience, and further data analysis. Based on this review, the EPS Team will refine the targeted economic activity list as necessary. Subtask 3.2. Conduct Community and Planning Commisslon Discussions on Economic Development Vision Working with City staff, the UPS Team will design and conduct an Interactive workshop for Interested community members and stakeholders to affirm key assets, deficits and opportunities for economic development In Dublin, as well as articulate an overall vision for the City's economic future. The general public workshop will be held In conjunction with a Planning Commission work session, In which Commissioners will provide feedback on the preliminary analyses conducted to date and offer additional perspectives on the opportunities and constraints 2 The EPS Team anticipates developing information for up to six targeted sectors. If fewer sectors are selected- -based upmt discuss?ons with the City- -a cast savings may be achieved. Economlc & Plannin9 Systems, Inc. fi Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc.- Exhibit A Page 6 of I I Economic Vevelopment Strategy and General Plan Economk Oevelopment Element Proposal February 22, 2012 created by available land and buildings for economic development. The CPS Team will facilitate and graphically record the public portion of the workshop, and will provide a summary of the Input received to the project team. Subtask 3,3; Evaluate Area Assets and Development Prospects The EPS Team will evaluate the general relations between real estate, Infrastructure, and economic development In Dublin, as well as the opportunities and constraints created by available land and buildings for economic development, based on readily available information and plans and discussions with City staff and the stakeholder group. In collaboration with City staff, The EPS Team will Identify real estate development prototypes In targeted economic activities for the purpose of testing financial feasibility, The EPS Team will use market information gathered In other tasks and In -house data to provide Inputs for a pro forma feasibility model that can be used to assess financial feasibility, compare the cost of development to achievable net revenues, and estimate the potential return on Investment (ROI). The financial analysts will be used Iteratively to assist the EPS Team In refining up to six development prototypes. This assessment will feed Into a comparative evaluation of several potential use types and the merit of each among a range of criteria, Including financial feasibility, fiscal Impact potentials, catalytic potential, civic / cultural value, compatibility with surroutndfng land uses, fit within existing Initiatives and programs such as the City's Ten -Year strategic Plan, or other factors as desired by the City. Since the City's near -term real estate development potential Is an important Issue affecting Dublin, the EPS Team will undertake a focused evaluation of key opportunity areas (such as the East Dublin Transit Station area) and provide strategic guidance (similar to that offered to private developer clients) focused on removing development constraints and Improving Investment opportunities with the goal of fast tracking contributions to the City's built environment. As part of this effort, the EPS Team will rely on site - specific pro forma financial feasibility analysis to evaluate a variety of factors Influencing project performance, including development formaVconflguration options, horizontal and vertical development costs, parking constraints, market pricing and depth, financing issues, and other project variables, As part of this task- -and In conjunction with stakeholder outreach discussed elsewhere In this proposal —the EPS Team also will conduct Interviews with up to 15 major local employers in Dublin to gain insight on Ile City's business climate, their opinion of potentially successful industries to attract (such as linked sectors or other businesses In their value chain), and other locatfonal advantages or disadvantages of conducting business In the City. The EPS Team will meet with City staff and key stakeholders to share the targeted economic activities, SWOT analysis, and development prototypes for feedback and to further define key opportunities and critical constraints that must be addressed to help the City meet its full economic development potential. Task 3 Output A document summarizing the Ilst of targeted economic activities, SWOT analysis, and development prototypes. Economk & Planning Systems, Inc. 7 Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc. - Exhibit A Page 7 of 11 Economk Development 5trateW and General Plan Economk Development Element Proposal February22, 2012 Task 3 Schedule • 2 months Task 3 Cost $42,000 Task 4; create Economic oevelopment strategies The EPS Team will formulate and share an Economic Development Strategy, including a vision, key Initiatives, policies, Implementation Items, and measurement strategies, which will provide a guidebook and toolldt to help the City accomplish Its economic development goals. Subtask 4.1. Establish Eeannmlc Development Vision and Prlarltles The EPS Team will develop a preliminary guiding vision, goals and objectives, and a set of possible strategies to achieve economic development potential, The strategies will focus on elements such as targeted economic activities for attraction and expansion, elements necessary to address Improved retentlmi, ways to enhance entrepreneurship, locations that present development potential, and options to generate sustainable City revenues. These strategies will not be formally prioritized at this point In the project but will represent a broad catalog of realistic options, The EPS Team will meet with key members of the stakeholder group and present the set of strategies along with appropriate background information and materials. The EPS Team will gather feedback on the vision, collaboratively assess goals and objectives, and seek assistance In screening and prioritizing strategies, The EPS Team will finalize the strategic vision, goals and objectives, and prioritized strategies based on analysis, stakeholder Input, and the EPS Team's professional experience and knowledge. The EPS Team will develop specific recommendations supporting the strategies that focus on elements such as measurable actions, timelines, responsible parties, potential partnerships, and policy development. Subtask 4.2. Create a Plan to Implement and Measure Economic Development Strategies The EPS Team will create an Implementation plan containing the strategies, recommendatlons, and tactics to help define a path for the City to meet Its objectives. The EPS Team will test the plan and timetines with City staff for Internal feasibility and will adjust as appropriate and Flnalize. The EPS Team will develop a model of strategies, outcomes, and objectives Incorporating quantitative and qualitative performance measurements to help the City determine If It Is meeting the goals defined In the plan. Tlie EPS Team will recommend means and sources to track the data called for in the performance measures. Subtask 4.3. Prepare Economic Development Strategy Report and Presentation The EPS Team will produce a draft Economic Development Strategy report that summarizes the market evaluation, analysis of economic development potential, strategies and Implementation Economk & Planntn9 Systems, Inc. Consulting Services Agreement between 2127/2012 City of Dublin and Economic & Planning Systems, Inc. - Exhibit A Page 8 of 11 Ecanomk Development Strategy and General Plan Economk Development Element Proposal February 22, 2012 plan, and methodology. The CPS Team will share the draft report with stakeholders and make appropriate revisions based on provided feedback to generate a final report. The EPS Team will provide a final presentation of the strategy to City staff, the City Council, and other identified stakeholders. The presentation will highlight the key findings and will provide an opportunity for questions and answers. The EPS Team also will tie available, on request, for up to two more presentations or workshops for a similar audience or other groups Stich as the Planning Commission or other regional organizations. • Economic Development Strategy report and presentations /workshops of report findings. Task 4 Schedule • 1 month Task 4 Cost 6 $28,000 Part ii: Prepare Economic Development Element Task 5: Prepare Economic Development Element The results of the Economic Development Strategy described In Part I above will be formulated Into a policy framework tthat will, again, undergo a period of review and comment by local experts, stakeholders, and City representatives. Subtask 5.1: Participate in Economic Development Element Kickoff and Study Session Tile EPS Team will meet with City staff, the Oty council, and others as appropriate to review the work conducted In Part I (detailed above) and to sollcit Input regarding Integration of the EPS Team's findings Into the Economic Development Element (Study Session #1). The EPS Team will use "facilitation graphics' —which combine leadership skills with graphic note - taking to help the group stay focused and engaged while moving forward -- significantly reducing the problems such as dominance of personalities, "backtracking," and unresolved conflicts. Participant comments and questions are recorded In text and Illustrations on large wall -sized paper (wallgraphtcs) that help to establish the group's memory of both the flow and the content of discussions, Subtask 5.2: prepare Draft Economic Pevelopment Goals and Policies Based on the outcome of the kickoff and study session described In Subtask 5.1, as well as the Economic Development strategy process described In Part I, Including the findings of the public outreach phase, the goals of the City, other existing or proposed policy documents, and data provided In the background report, EPS will prepare a list and discussion of recommended economic development goals and policies that will be distributed to the City and presented to stakeholders. Economk & Planning Systems, Inc. 9 Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc. - Exhibit A Page 9 of 11 Economk Aevebpment Strategy and General Plan Ecnnonik Development Element Peoposol February 22, 2012 The goals and policies will be Informed by the work conducted In Subtask 12, which will use several relevant factors as a screen to evaluate recommended Initiatives, Including financial feasibility, fiscal conditions, Impacts to City budget programs, the relation to existing initiatives such as the City's Ten -Year Strategic Plan, etc. The EPS Team will perform a General Plan consistency review In order to ensure that goals and policies identified In the Initial draft Economic Development Goals and Policies are in line with existing and proposed City guidelines. This task will include review of existing General Plan elements to ensure that conflicts are minimized. if potential conflicts are identified, the FPS Team will provide consistency- related refinements to the element as needed.3 Subtask 5,31 Conduct Community Meeting and Prepare Draft Economic Development Element The FPS Team will compile the key findings from this meeting and will prepare a draft version of a new, succinct General Plan Element, which will be written In a style that is easily interpreted by various users and that fits seamlessly within the context of the existing General Plan. This draft element will highlight the City's intended direction and vision expressed through goats and policies regarding the economic stabillty and growth for the General Plan period. The draft element will be presented to the community for review and comment at a community meeting, The meeting will Include a presentation that provides key background Information and presents the element. Tile EPS Team will facilitate and graphically record the results of the meeting and may engage participants using the Turning Point electronic polling system, which allows Individual participants to register their response on an electronic keypad. This technique can help the City quickly determine the level of support for various points presented in the draft element. It gauges the pulse of all participants, not just those who comment verbally, as in a traditional meeting, and helps people stay engaged, especially when a lot of technical or numeric data Is being shared. Responses are quantified Immediately, so participants can see how the group as a whole responded. Demographic questions can he tailored to help the City determine how representative the group is of the City's population and Interests. As In the earlier phase, the community meeting can Flow directly Into a Planning commission work session, at which time Commissioners can offer their Input on the draft Economic Development Element. The EPS Team will provide a summary of feedback received at the commtmlty meeting as documentation Informing the final Element. Subtask 5.4, Prepare Economic Development Element After taking comments on the draft Economic Development Element, the EPS Team will prepare a final Economic Development Element and present this document to the City for Inclusion In the updated General Plan, 3 If significant consistency issues are deemed to exist among the EPS Team`s recommendations and existing polidas in the City's General Plan, a higher level of effort may be requirod to reconcile them. A $7,000 "contingency" amount has been identified in this case, although more detailed discussions wi #I be held with tha City to determine the level of effort required once more information Is known regarding these potential conflicts. The contingency may have applicability elsewhere in the study if not required for the General Plan consistency evaluation (this will be determined through consultant/ client discussion). Economic S Planning Systems, Inc. Consulting Services Agreement between 2127/2012 City of Dublin and Economic & Planning Systems, Inc.- Exhibit A Page 10 of 11 Economk DevelopmentStretegy and General Plan Economic Pevetopment Element Proposal February 22, 2012 Task 5 Outgut • Framework Goals and Policies document (7 hard copies plus electronic copy). • Administrative Draft Economic Development Goals and Policies, Including graphics, exhibit$, etc. (7 hard copies plus electronic copy). • Presentations /workshops of report findings. • Final Economic Development Element report (40 hard copies, 1 photo -ready copy, plus electronic copy). Task _5 Schedule • 1 to 2 months D51_5 Cost • $32,000 (plus $7,000 "contingency" to address major Issues Identified during the General Plan consistency evaluation). Economic $Planning Systems, Inc. Consulting Services Agreement between 2 {2712012 City of Dublin and Economic & Planning Systems, Inc. - Exhibit A Page 11 of 11 EXHIBIT B COMPENSATION SCHEDULE 3. FEE SCHEDULE The EPS Team proposes to complete Part I for a hudget of $103,000 and Part 1I for a budget of $39,000 (Including contingency) for a total project budget of $142,000 (See Table 1). Table 1 Estimated Budget by Task Task/ Subtask Description Total Budget Part One - Economic DeveloEment Stategy Task 7 Establish Area Context 1.1 Gather information $4,584 1.2 Identify Compete Geographic Areas 51,760 Meetings $4,300 Task 1 Subtotal $10,540 Task 2 Prepare Market Evaluation 2,1 Complete Market A5sossmont 52,820 2.2 Eslabfish the Citys Competitive Position [1) $15,820 Meetings $3,480 Task 2 Subtotal $22,120 Task 3 Establish Economic Development Potential 3.1 Idenlify Via Ne Economic Activities $18,110 3.2 Community and PC Meeting/ Workshop 54,980 3.3 Evaluate Area Assets 515,460 Meetings $3,480 Task 3 Subtotal $42,130 Task Create Economic DevetopmentStrategies 4.1 Establish Econ, oov, VWon and Prloritles $8,566 4.2 Create Implementation/ Mea5urementPlan $8,180 4.3 Prepare Econ. Dev, Strategy Report and Presentation 58,830 Meetings $4,130 Task Subtotal $27,700 Total Part One (rounded) $403,000 Part Two - Economic Development Element Tasks: Economic Development Element 5.1 Econ. Dev. Element Kickoff and Study Session S6.660 5.2 Preparation of Draft Ewa. Dev. Goals and Policies $6,160 Task 5.2 Contingency $7,000 5.3 Community Mtg. and Prepare Draft Econ, Dev. Element 58,090 5.4 Preparation of Economic Development Element 55,960 Additional Meetings $4,960 Task 5 Subtotal $38,090 Total Part Two (rounded) $39,000 ROUNDED TOTAL INCLUDING CONTINGENCY $142,000 (1) Data acquisdion cost of $3,000 is induded in Task 2.2 Economic 5 Planning Syuems, Inc. r,.,,,.�.,... ._,..._.. Consulting Services Agreement between 2127/2012 City of Dublin and Economic & Planning Systems, Inc. - Exhibit B Page 1 of 2 EPS TEAM HOURLY BILLING RATES EPS Key Staff: David Zehnder, Managing Principal Ben Sigman, Vice President Jesse Walker, Senior Associate Managing Principal $265 -$295 Principal $235 -$245 Senior Vice President $210 Vice President $185 -$195 Senior Technical Associate $170 -$185 Senior Associate $150 -$165 Associate $130 Research Analyst $110 Production and Administrative Staff $75 ® EPS's billing rates are updated annually. GSEFZ Key Staff. Ryan Sharp, Director Director $135 Deputy Director $115 Associate $75 Research Analyst $45 MIG Key Staff: Lou Hexter, Senior Project Manager Senior Project Manager $150 Project Associate $100 Project Assistant $8D Consulting Services Agreement between 2/27/2012 City of Dublin and Economic & Planning Systems, Inc.- Exhibit B Page 2 of 2