HomeMy WebLinkAboutReso 35-12 Econ Dev Element
RESOLUTION NO. 35 -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AN AGREEMENT WITH ECONOMIC & PLANNING SYSTEMS, INC. FORTHE
ECONOMIC DEVELOPMENT STRATEGY AND GENERAL PLAN ECONOMIC DEVELOPMENT
ELEMENT
WHEREAS, the City Council established a Fiscal Year 2011-2012 Strategic Initiative to
develop an Economic Development Strategy for the City of Dublin; and
WHEREAS, in November 2011, the City issued a Request for Proposal to identify an economic
development firm with experience in economic development strategies and elements; and
WHEREAS, the City received six responses to the request and representatives from the City's
internal review committee interviewed four of the six firms; and
WHEREAS, upon comparing the full set of service offerings, Staff recommended the selection
of Economic & Planning Systems, Inc. to the Ad-Hoc Economic Development Committee in February
2012; and
WHEREAS, the Ad-Hoc Economic Development Committee agreed with Staff's
recommendation and forwarded the item to the City Council for consideration of approval; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the Consultant Services Agreement (attached as Exhibit A and titled "Consulting Services
Agreement between the City of Dublin and Economic & Planning Systems, Inc.").
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement
substantially in the form attache,d hereto and to undertake such further action as may be necessary
and desirable to carry out the intent of this resolution.
PASSED, APPROVED AND ADOPTED this 20th day of March, 2012, by the following vote:
AYES: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hildenbrand
ABSTAIN: None
at- 1h-~'
Mayor
ATTEST:
~[;2f0
City Clerk
Reso No. 35-12, Adopted 3-20-12, Item 8.1 Page 1 of 1
.CONSUL TING 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 inconslstency 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
Consulta~t 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 geographical 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 AssiQnment 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. COMPENSA TION. 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. Consultantshall submit all invoices to City in the manner specified herein.
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 1 of 13
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 NO.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
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 2 of 13
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
costand 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
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
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 3 of 13
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 Liabilitv 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 coveraae. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) -
. covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 4 of 13
4.2.3 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 Liabilitv 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
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.
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 5 of 13
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4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. 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 Acceptabilitv of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than AVII.
4.4.2 Verification of covera~e. 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
such insurance are either not commercially available, or that the City's interests
are otberwise fully protected. '
,4.4.5 Deductibles and Self.lnsured 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.
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 6 of 13
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 CoveraQe. 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
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 property, 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
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 7 of 13
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.
6.1
6.2
Section 7.
7.1
7.2
7.3
STATUS OF CONSULTANT.
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.
Consultant No A~ent. 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.
LEGAL REQUIREMENTS.
Governin~ Law. The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
alllaws.applicable to the performance of the work hereunder.
Other Governmental Re~ulations. 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.
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 8 of 13
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 Equal 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, applicantfor 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.
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.
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012 .
Page 9 of 13
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assianment and Subcontractina. 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.
8.5 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.
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
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 10 of 13
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 Agreementnot so
adjudged shall remain in full force and effect. The invalidity in whole or inpart of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied 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 Assi~ms. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 11 of 13
10.6 Use of Recvcled 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 work 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 et.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:
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
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 120f13
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 InteQration. 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
80NSULTANT
Joni Pattillo, City Manager .
David Zehnder, Managing Principal
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
J:lwpdlMnrswl 11410011Formslstandard consultant services agreementdoc
Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.
2/27/2012
Page 13of13
EXHIBIT A
SCOPE OF SERVICES
1. INTRODUCTION
The City enjoys anadv(lntageous location In t,he heart ofthe TrlNalley area, with direct
connect:lon 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 qtyseeks to understand how It can strengthen existing businesses and attract
new buslnessesaodlndustrles that present a viable fit with current and future pty resources.
This understanding will Inform ongoing efforts to establish a formal economic development
strategy that can be I mplemented In phases over a reasonable time frame" and 'an Economic
Development .Element to be Integrated Into the General Plan and serve asa guidepost for
economic deyelopmenteffortsfor years t() 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 circumstances In the City and surrounding area. While the Tri-Valley
Region ce'rtalnly 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 wish to locate
in the region. Nonetheless, Dublin possesses many unique advantages that can be leveraged to
enhance its, economic development efforts, such as Its. excellent location and freeway
transportation Infrastructure, two popular BART stations, the Camp Parks. area, and the
surroundin!;jland assets. Furthermore, Dublin can build on. and leverage the success of
surrounding communities by tapping Into thelnputjsupply chain.
Recognizing the unique opportunities and challenges confronting Dublin,. the EPSTeam has
structured an approa<;;h that offers a COmprehensive and cost effective economic analysis and
implementation plan to the City. This approach, method610gy~ and specific scope of work: are
described below.
Proposed Ap P rda chand M eth Oddlog y
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.Clty staff to discuss local economic development perspectives, gain an understanding of
the businessclirhate, 'and establish a stakeholder engagement process. As part of the
stakeholder engagement efforts, the EPSTeam proposes to work with the City to engage a ro~ter
of stakeh,olde~s with members representing various perspectives on economic development In
the Dublin area. This group willlikelylnciude local employers, business leaders, real estate
expe'rts, community group representatlv:es, etc. These stakeholders will act asa resource for the
EPSTeam, 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 an(llysls. The second task will focus onassesslng the City's market conditions and
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Page1of12
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 11 list
of viable sectors;and evaluate development aiternatlves, This phase.wllllnclud~ d~velopment 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 th.e 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 crltlc.al weaknesses.
At the conclusion ofthis portion of the project, the EPS Team will produce a Final Economic
Development Strategy report that i[1corporat<'!s the ~~rategies and. key findings froll1 the ~malysis
and presents highlights from the report to stakeholders.
Subsequently, the results of the 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'ariEcoriomic Development Element
that \'illl 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 greaterdetair in the Scope
of Work section of this. Proposal.
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Page 2 of 12
2. SCOPE OF WORK
Part I: Prepare Economic Devel.opment Str.ategy
The first maJar partlan af the EPS Team's wark effart will facus an creating a '~custam-fIt"
Ecanomlc Develapment Strategy Jar Dublin. The process af creating this strategy will be
campased af atharough assessment af market appartunltlesand canstralnts through a robust
empirical 'asSessment and extensive qualitative research gained thraugh extensiVe primary and
secandary research and Interviews with lacal experts and members af the buslnesscammuillty.
Task 1: Establish Area Context
The EPS Team will begin this pracess by establishing thegeagraphic area to be studied,lncluding
Identifying competing ar callabaratlve cities and regians. The EPS Team will study these areas
through revi~w of existing studies, interviews, and primary research.
Sub task .1.1: Gather Information
As an Initial step, the EPS Team will meet with City staff to. review project abjectives, gather
relevant background materials (e.g., General Plan, Dawntawn Specific Plan, marketing materials,
and relevant reglanal publlcatlans), taurthe area and view assets, and create an agreed-an
stakeh,alder engagement.pracess.The EPS Team will canduct In-depth Interviews with City staff,
City Council members,and appropriate lacal and regianal arganlzatlans (e.g., the Chamber af
Cammerce, East Bay Ecanamic Develapment Alliance [EDA], iGATE, Innavatian Tri-Valley,
AlamedaCauntyWarkfarce Investment Baard [ACWIB], Bay Area Cauncil, the Assaciatian af Bay
Area Gavernments [ABAG]), maJar employers,. business ownerS, and cammunltY members to.
explare taplcs such as ecanomlc develapment effarts and outcames, campetltlan far business
lacatlan andexpansian projects, appartunltles ,and chi]lIenges, vlslan for the future, and. resaurce
priarities.
The EPS Team will wark with City staff to. Identify relevant stakeholders (such 'as thase Identified
abave) to. serve as aresaurce, Identlfycanstraints and appartunltles, provide general guidance
and feedback, and explare ecanamlc develapment strategies. The EPS Team will meet with
members of this group (either callectively, individually, or in facus groups, as apprapriate) to.
apen dialagueon the project anddiscusskeyabj~ctives; ecanamicdevelapment PCltenti.al; crit.ical
canstralnts, and vlsianfar the future.
In additlan, the EPSTeam will review backgraund materials, alang with ather reglanal studies,
business media, and initiatives that have been implemented; distill key findings and effarts;and
fallaw up with appropriate r.epresentativesto provide necessary clarification ar additianal
Infarmatlan.
subtask 1.2: IdentifyCompetitive,Geographic Areas
The EPS Team will, Identify a set af three arfaur lacal competitive geagraphlc areas (e.g.,
cam mu n Itles, cities, caunties, reglans); based an flndl ngs from stakehalderintervlews,dacu ment
reviews, and a similarity analysis af camparatlve ecanamlc and demagraphlc data. The EPS
Economic &Planning Systems, Inc.
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2/27/2012
Page 3 of 12
Economic Development Strategy and General Plan Economic Development Element
Proposal February 22, 2012
Team will share the list of cornpetltive geographic areas with City staff for feedback and adjust
the list as appropriate.
The EPS Team will. provide a high-level profile of each competitive area, Including broad
economic and demographic Indicators from the similarity analysls.{e.g.,.populatlon, employment,
and Industry. structure). The IPS. Team will present similar lildlcators for Dublin.
Task 1 OUtDut
. A docurnent summarizing' the profiles of the competitive geographicareas.
Task 1 Schedule
1 month
Task 1 Cost
. $8,000
Task 2: Prepare Market Evaluation
After an initial review of technical studies and meetings with City staff and stakeholders,the EPS
Team will perform a more technical and detailed analysis of the City and Its competitive
environment.
Subtask 2.1: Prepare Market Assessment
The EPS Team will begin preparing a market assessment that will comprise an economicand
demographic profile of the City, includi,ng factors such as employment, quantity and type of
establishments, workforce, population, income, educational attainment, housing, taxable sales,
larid use, fiilariclallndlcators, and commercial real estate performance Indicators (e.g.,
achievable rent and sales prices; vacan'cy rates; and absorption for retail, office, and Industrial
. .. -
space), The EPS Team will provide sll1lllar comparative fact.ors for the East Bay.
As It pertains to land assets and real estate,lhemarketassessment will foc;us on retail, offlc;~,
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 Dublin's competitive position in the region. This projection will be compared
with existing land assets to recommend the potential scale, locatlon,and'limlng of new
development to accommodate growth,
The market assessment will, also focus on theernployment'and Industrial base of Dublln,and the
EPS Team will gather and create detailed 'Industry employment and establishment data and
Economic & Planning Systems, Inc.
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Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, InC.-Exhibit A
2/27/2012
Page 4 of 12
Economic De velopment Strategy and General Plan Economic Development Element
Proposal February 22, 2912
forecasts for the CitY and .East Bay.1 This will inClude an analysis .of historlcal.trends and
projections, com.posltion, and specialization of theregl()Jlal and local Industry sectors and
examine components of the City's economic base and key inte,r-industry and value chain
relations using Input-output model data. The EPS Team will apply national and statewide staffing
pattern 'matrlces to industry data to asseSs the workforce employment breakdown and related
skill levels and competencies.
Bllsed on this period of research and analysis, the EPS Team will delineate the Pity's general role
In the East Bay economy based on the EPS Team's professional knowledge and experience,
possible reglonai growth patterns, and ,historical and projected economic and de mograph, ic
trends.
Sub task 2.2: Establish the City's Competitive Position
Toevaluateth.e City's'competitlve position, the EPS Team will assess Information related toJhe
City's general business climate and the competitive geographic areas. This evaluation will
inClude a review of high-level industry, infrastructure, workforce, business c()~, 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 peliormance..
Income, workforce skills, housing, and commerCial real estate. The EPS Team will compare the
buslnesscllrnateand economic factors .In the competitive geographic areas with. the City and
Identify significant divergences.
The EPS T!!am wi!1 builq a business vitality index using lJp to 1.0 indicators from the business
Climate and economic analysis to measure. the City's economic features relative to the four
Competltlvegeograptllc areas. Thls..tool will provide a quantitative score and ranking of the
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 areasand will interview
selec;teq localeconbmlcdevelopment representatives (e.g" government entities, economic
development corporations, chambers of commerce, and entrepreneurship organlzatl()ns) 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. ConClusion of this subtask; .the EPS Team will meet w.lth key members Clfthestaketlolder
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) databasetobuild analysis for
the City economy-the City will own and can .continue to use the full database upon project
completioh. Iri addition, the EPS Team wil.1 validate.i\JETS employmeht data by comparing! cOritrasting
to ensure consistency with the most recent ABAG projections. The EPS Team will seek to leverage
previously-amilyzed NETS data available in the Economic Development Strategy' to the exterit that is
practical and useful in the study.
EconomIc & Planning Systems, Inc.
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Consulting Services Agreement between
City of Dublin and Economic & Planning Systems, Inc.-Exhibit A
2/27/2012
Page 5 of 12
Economic Development Strategy and General Plan Economic Development Element
proposal February 22,2012
Task 2 Out out
. A document summarizing the economic and demographic profile .and business vitalityindE!x;
Task 2 Schedule
2 months
Task 2 Cost
$25,000
Task 3: Establish Economic Development,Potential
The EPs Team will assess the City's economic development potential by analyzing the
requirements for certain key desired businesSes and sectors and comparing thls.list to the City's
existing (and potential future) assets.
Subtask 3,,1: Identify 0able EconomIc ActivitIes
TheEPs Team will create a. multiple-factor economic performance indexing model for the City
and Identify those established and emerging economic adlvltles and sectors presentlng,the
greatest economic development potential, as well as cluster and workforce fluidity opp.ortunltles.
The EPs Team will assess the City's industry specialization and expected retail sales to .identify
possible areas of under-specialization and retailJeakage and will evaluate other indi<;ators of
economic performance such as non-employer trends, small and medium enterprise dynamiCs,
firm exits from' the City, Innovation activity, and business size characteristics.
In collaboration with City staff, the EPSTeam will select up to six sectors or clusters from the
Indexed list of established and emerging sectors to act as targetedsei:fors.2 The. EPS Team Will
prOVide an overview. of the associated economic activities and will complete a condensed
literature review ,focusing on growth and development topics f()r the slxseiectedeconomk
activities.
The EPS Team will research and compare the general needs of targeted econornlcactivities with
existing assets, Infrastructure, and other broad requirements In the City, based on interviews,
docu mentjliteratLire 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 Commun;tyand Planning Comm;ssionD;scu~;on:s (In Econ(Jmic
DevelopmentVis;on
Working with City staff, the EPS 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 altlculatean 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 infonmation for upto six targeted sectors. If fewersectcirs are
selected-based upon discussion? with the City~a cost savings may be achieved.
'Economic & Pianning Systems, Inc.
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2/27/2012
Page 6 of 12
(
)
EconomicDevelopment Strategy and General Plan Economic Development Element
Proposal Feb~uary 22, 2012
created by available land and buildings for economic deVelopment. The EPS 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.]
Sub task 3.3: Evaluate Area Assets and Development Prospects
The EPS Team will. evaluate the general relations between real estate, infrastruCture, and
economiC development In DUblln,aswell as the opportunities and constraints created by
available land andbundlngs for ecorlOmlc development, based()[1 readily available l)lf()rmatlon
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 forthepurpcise' 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 (easibility ,compare the cost of
development to achievable net revenues, and estimate the potential return on investment (ROI).
The financial analysis will be used Iteratively to assist the EPS Team in refining up to six
development prototypes,
This assessmentwlll feed Into a comparative evaluation of several potential use types and the
merit cifeach among a range of criteria, including financial feasibility, fiscal impact potentials,
catalytic potential, CiVic/cultural value, compatibility with surrounding landu,ses, fit within.
existing Initiatives andprograms.such as the City's Ten-Year Strategic Plan, or Clther 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 keyoppoitunltyareas (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
inv~stment opportunities Vl'ith the goal of fast tracking contributions to the City;s buiit
environment: ,As part of this effort,the EPS Team will rely on sltecspedflc pro forma financial
feasibility analysis to evaluate a variety of factors InfluenCing project perror'mance, Including
develClpment format/configuration options, horizontal and Vertical development costs,parking
constraints, l1lafket pricing and depth, finallclng Issues, and other project variables.
As part of this task-and in cQnJunCtion with stakehoideroutreach discussed elsewhere in this
proposal,.--the EPS Team also will conduCt Interviews with UP tolS fI1aJor iocal employers In
Dublin to gain Insight on the 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
locaticinal advantages or disadvantages of conduCting business in the City.
The EPS Team will meet with City staff and key stakeholder's to share the targeted economic
qctivltles,5WOT analysiS, and deve,lopmen't prototypes for feedi:li:lck and to further ,define key
opportunities and critical constraints that must be addressed to help the City meet Its flJlI
economic development potential.
Task 30utDut
. A document summarizing the list of targeted economic aCtivities, SWOT analysis,and
development prototypes.
Economic & Planl)ing Systems, Inc.
7
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2/27/2012
Page 7 of 12
3. FEE SCHEDULE
The EPS Team proposes to complete Part I for a budget of$103,OOO and Part II for a budget of
$32,000 for a total project budget of $135,000 (see Table 1).
Table 1
Estimated'.Budget by Task
Taskl
Subtask
Description
Total
:Budget
Part One - Econom Ic Development Stateav
Task. 1 Establish Area Context
t 1 Gather Information
1.2/dentify CompetitiVe Geographic Areas
Meetings
Task 1 Subtotal
Task'2 Prepare Market Evaluation
2.1 Complete MarketAssessment
2:2 Establish the City's Competitive,position
Meetings
Task 2 Subtotal
Task.3 Establish Economic Development Potential
3.1 Identify Viable Economic Activities
3.2 Community and PCMeeting/VVorkshop
3.3 Evaluate Area Assets
Meetings
Task 3 Subtotal
Task 4 Create Economic Development Strategies
4.1 Establish Econ. Dev. Vision and Priorities
42 Create Implementation! MeasurementPian
4,3 Prepare Econ.DevStrategy Report and:Presentation
Meetings
Task 4 Subtotal
Total Part One
$4,580
$1,760
$4,300
$10,640
$2;820
.$15,820
$3,480
$22,120
$18,190
$4,980
$15,480
$3,480
$42,130
$8,560
$6,180
$8,830
$4,130
$27,700
$102;590
Part Two - Economic Development Element
Task 5:
5.1
5.2
Economic Development Element
Econ. Dev, ElemenfKickoffand.Study Session
Preparation of Draft Econ. Dev. Goals and Policies
T~sk5.2 COfJtingency:
5.3 Community Mtg. and Prepare Draft Econ. Dev. Element
504 'Preparation of Economic Development Element
Additional Meetings
Task 5 Subtotal
Total Part Two
$6,660
$6:180
$7,000
$8,090
$5,980
'$4,980
$31,890
$31,890
$135,000
ROUNDED TOTAl. (without contingency)
ROUNDED TOTAL INCWDINGCONTINGENCY
$142,000
Economic & Planning Sys:i:ems; lnc.
12
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2/27/2012
Page12of12
EXHIBIT B
3. FEE SCHEDULE
COMPENSATION SCHEDULE
The .EPS :ream proposes to complete Part Iforabudget of$1()3,00Q and Part II 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
Taskl
Subtask
Description
Total
Budget
Part One - Economic Development Stateqy
Task 1 Establish Area Context
1.1 Gather Information
1.2 Iderllify Competitive GeographicAreas
Meetings
Task 1 Subtotal
Task 2 Prepare MarketEvaluation
2.1 Complete MarketAssessment
2.2 Establish the City's Competitive Position [1]
Meetings
Task 2 Subtotal
Task 3 Establ!sh Economic Deveiopment Potential
3.1 IdentifYViable Economic Actil/ities
32 Community and PC i'V1eeting/ Workshop
3..3 Evaluate Area Assets
. .. Meetings
Task.3 Subtoi<!1
Task 4 Create Economic. Development Strategies
4.1 Establish Econ. Dev. Vision and P'riorities
4.2 Create Implementation/Measurement Plan
4.3 Prepare Econ. Dev Strategy Report and Presentation
Meetings .
Task 4 Subtotal
'Total Part One (rounded)
$4,580
$1,760
$4,300
$10;640
$2,820
$15,820
$3,480
$22;120
$18:WO
$4,980
$15,480
$3,480
$42;130
$8,560
$6,180
$8,830
$4,130
$27,700
$103,000
Part Two. Economic Development Element
Task5: Economic.oevelopment Element
'5.1 Econ. Dev. Element Kickoff and Study Session
5.2 Preparation of Draft Econ. Dev, Goals and Policies
Task 5.2 Contingency
5.3 Community Mtg. and Prepare Draft Econ. Dev.E1ement
5.4 Preparation of Economic DevelopmentElement
. Additional Meetings
'Task 5 Subtotal
Total Part Two (rounded)
$6,660
$6,180
$7,000
$8,090
$5,986
$4,980
$38,890
$39,000
$142,000
ROUNDEDTD.TAL INCLU[)ING CD.NTI.NGENCY
[1] Data acquisition cost of $3,000 is included in Task 2.2.
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City of Dublin and Economic & Planning Systems, Inc,-Exhibit B
2/27/2012
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Exhibit A to the Resoiutibn
FORM OF RESOLUTION DECLARING INTENTION TO FINANCE
INSTALLATION OF DISTRIBUTED GENERATION RENEWABLE ENERGY
SOURCES, ENERGY EFFICIENCY AND WATER EFFICIENCY
IMPROVEMENTS
CITY OF
WHEREAS, the California Enterprise Development Authority ("CEDA") is authorized under the
authority granted CEDA pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the
State of California in accordance with Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code
of the State of California ("Chapter 29") to authorize assessments to finance the installation of distributed
generation renewable energy sources, energy efficiency and water efficiency improvements that are
permanently fixed to real property ("Authorized Improvements"); and
WHEREAS, Chapter 29 authorizes CEDA to enter into contractual assessments to finance the
installation of Authorized Improvements in the City (the "City"); and
WHEREAS, CEDA wishes to declare its intention to establish a California PACE program ("California
PACE") in the City, pursuant to which CEDA, subject to certain conditions set forth below, would enter
into contractual assessments to finance the installation of Authorized Improvements in the City.
NOW, THEREFORE, BE IT RESOLVED by the California Enterprise Development Authority, as
follows:
Section 1. Findings. CEDA hereby finds and declares the following:
(a) The above recitals are true and correct. .
(b) Energy conservation efforts, inCluding the promotion of energy-related Authorized
Improvements to residential, commercial, industrial, or other real property, are necessary to
address the issue of global climate change and the reduction of greenhouse gas emissions in
the City.
(c) Water conservation efforts, including the promotion of water-related Authorized
Improvements to residential, commercial, industrial, or other real property, are necessary to
address the issue of chronic water shortages in Califoq1ia.
(d) The upfront cost of making residential, commercial, industrial, or other real property more
energy and water efficient, along with the fact that most commercial loans for that purpose are
due on the sale of the property, prevents many property owners from installing Authorized
Improvements.
(e) A public purpose will be served by establishing a contractual assessment program, to be known as
California PACE, pursuant to which CEDA will finance the installation of Authorized
Improvements to residential, commercial, industrial, or other real property in the City:
Section 2. Determination of Public Interest. CEDA hereby determines that (a) it would be convenient,
advantageous, and in the public interest to designate an area, which shall encompass the entire geographic
territory within the boundaries of the City, within which CEDA and property owners within the City may enter
into contractual assessments to finance the installation of Authorized Improvements pursuant to Chapter 29
and (b) it is in the public interest for CEDA to finance the installation of Authorized Improvements in the City
pursuant to Chapter 29.
Section 3. Identification of Authorized Improvements. CEDA hereby declares that it proposes to make
contractual assessment financing available to property owners to finance installation of Authorized
Improvements, including but not limited to those improvements detailed in the Report described in Section 8
below, as that Report may be amended from time to time.
Section 4. Identification of Boundaries. Contractual assessments may be entered into by property owners
located within the entire geographic territory of the City; provided, however, that CEDA shall not enter into
contractual assessments to finance the installation of Authorized Improvements with the owner of any property
in the City unless requested to do so first by the City.
Section 5. Proposed Financing Arrangements. Under Chapter 29, CEDA may issue bonds, notes or other
forms of indebtedness pursuant to Chapter 29 that are payable by contractual assessments. Division 10
(commencing with Section 8500) of the Streets & Highways Code of the State (the "Improvement Bond Act of
1915") shall apply to any indebtednesss issued pursuant to Chapter 29, insofar as the Improvement Bond Act
of 1915 is not in conflict with Chapter 29. The creditworthiness of a property owner to participate in the
financing of Authorized Improvements will be based on the criteria developed by the Program Administrator
in consultation with the California PACE financing team as on file with the Clerk. In connection with
indebtednesss issued under the Improvement Bond Act of 1915 that are payable from contractual
assessments, serial and/or term improvement bonds or other indebtedness shall be issued in such series
and shall mature in such principal amounts and at such times (not to exceed 20 years from the second day
of September next following their date) and at such rate or rates of interest (not to exceed the maximum
rate permitted by applicable law) as shall be determined by CEDA at the time of the issuance and sale of
the indebtedness. The provisions of Part 11.1 of the Improvement Bond Act of 1915 shall apply to the
calling of the bonds. It is the intention of CEDA to create a special reserve fund for the bonds under Part
16 of the Improvement Bond Act of 1915. CEDA will not advance available surplus funds from its
treasury to cure any deficiency in the redemption fund to be created with respect to the indebtedness;
provided, however, that this determination shall not prevent CEDA from, in its sole discretion, so
advancing funds. The bonds may be refunded under Division 11.5 of the California Streets and Highways
Code or other applicable laws permitting refunding, upon the conditions specified by and at the
determination of CEDA.
CEDA hereby authorizes the Program Admiriistrator, after consultation with. bond counsel and the
California PACE underwriter, to provide for the issuance of bonds, notes or other forms of indebtedness
permitted by Chapter 29 payable from co.ntractual assessments.
In connection with the issuance of bonds payable from contractual assessments, CEDA expects to
obligate itself, through a covenant with the owners of the bonds, to exercise its foreclosure rights with
respect to delinquent contractual assessment installments under specified circumstances.
Section 6. Public orders that a public hearing be held
before this Board, at on at for the purposes of allowing
interested persons to object to or inquire about the proposed program or any of its particulars. The public
hearing may be continued from time to time as determined by the Board for a time not exceeding a total
of 180 days.
At the time of the hearing, the Report described in Section 8 below shall be summarized and the
Commission shall afford all persons who are present an opportunity to comment upon, object to, or
present evidence with regard to the proposed contractual assessment program, the extent of the area
proposed to be included within the program, the terms and conditions of the draft Contract described in
Section 8 below, or the proposed financing provisions. Following the public hearing, CEDA may adopt a
resolution confirming the Report (the "Resolution Confirming Report") or may direct the Report's
modification in any respect, or may abandon the proceedings.
The Board hereby orders the Clerk to publish a notice of public hearing once a week for two successive
weeks. Two publications in a newspaper published once a week or more often, with at least five days
intervening between the respective publication dates not counting such publication dates, are sufficient.
The period of notice will commence upon the first day of publication and terminate at the end of the
fourteenth day. The first publication shall occur not later than 20 days before the date of the public
hearing.
Section 7. Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the Streets &
Highways Code, written notice of the proposed contractual assessment program within the City to all
water and electric providers within the boundaries of the City has been provided.
Section 8. Report. The Commission hereby directs the Program Administrator for California PACE to
prepare and file with the Commission a report (the "Report") at or before the time of the public hearing
described in Section 6 above containing all of the following:
a) A map showing the boundaries of the territory within which contractual assessments are proposed
to be offered, as set forth in Section 4 above.
b) A draft contract (the "Contract") specifying the terms and conditions of the agreement between /
CEDA and a property owner within the City.
c) A statement of CEDA's policies concerning contractual assessments including all of the
following:
(1) Identification of types of Authorized Improvements that may be financed through the use of
contractual assessments.
(2) Identification of CEDA official authorized to enter into contractual assessments on behalf of
CEDA.
(3) A maximum aggregate dollar amount of contractual assessments in the City.
(4) A method for setting. requests from property owners for financing through contractual
assessments in priority order in the event that requests appear likely to exceed the
authorization amount.
d) A plan for raising a capital amount required to pay for work performed in connection with
contractual assessments. The plan may include the sale of a bond or bonds or other financing
relationship pursuant to Section 5898.28 of Chapter 29. The plan (i) shall include a statement of,
or method for determining, the interest rate and time period during which contracting property
owners would pay any assessment(ii) shall provide for any reserve fund or funds and (iii) shall
provide for the apportionment of all or any portion of the costs incidental to financing,
administration, and collection of the contractual assessment program among the consenting
property owners and CEDA.
e) A report on the results of the consultations with the County Auditor-Controller described in
Section 10 below concerning the additional fees, if any, that will be charged to CEDA for
incorporating the proposed contractual assessments into the assessments of the general taxes of the
County on real property, and a plan for financing the payment of those fees.
Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, and the interest and any
penalties thereon, will constitute a lien against the .lots and parcels of land on which they are made, until
they are paid. Unless otherwise directed by CEDA, the assessments shall be collected in the same manner
and at the same time as the general taxes of the County on real property are payable, and subject to the
same penalties and remedies and lien priorities in the event of delinquency and default.
Section 10. Consultations with County Auditor-Controller. CEDA hereby directs the Program
Administrator to enter into consultations with the County Auditor-Controllt~r in order to reach agreement
on what additional fees, if any, will be charged to CEDA for incorporating the proposed contractual
assessments into the assessments of the general taxes of the County on real property.
Section 11. Preparation of Current Roll of Assessment. Pursuant to Section 5898.24(c), CEDA hereby
designates the Program Administrator (or his/her designee) as the responsible party for annually preparing
the current roll of assessment obligations by assessor's parcel number on property subject to a voluntary
contractual assessment.
Section 12. Procedures for Responding to Inquiries. The Program Administrator shall establish
procedures to promptly respond to inquiries concerning current and future estimated liability for a
voluntary contractual assessment.
Section 13. CEDA hereby appoints A Professional Law
Corporation, as bond counsel and disclosure counsel to CEDA in
connection with California PACE. The Commission hereby authorizes and directs an Authorized
Signatory of CEDA (as determined from time to time by the Commission by separate resolution) to enter
into appropriate agreements with such firm for its services to CEDA in connection with the matters
addressed in this Resolution.
Section 14. Effective Date. This resolution shall take effect immediately upon its adoption.
************
PASSED AND ADOPTED by the California Enterprise Development Authority this
I, the undersigned, the duly appointed, and qualified member of the Commission of the California
Enterprise Development Authority, DO HEREBY CERTIFY that the foregoing resolution was. duly
adopted by the Commission of said at a called of the Commission of said
Authority held in accordance with law on
By:
Member
Exhibit B to the Resolution
AB 8JJSERVICESAGlJEEiff. E1VT
TheCalifo111ia Ent~fprise D~velopmerrt AUthoiity (CEDA)lills controctedwiththefj.rin of.FIGtree
'Elle~y Resourc~ Company, fEIGtree) to provide AB 811 ,fonnati()11 and adininistration services to
participating memberageIicies. "
SCOPE OF SER TlICES '(No CQst S~r-vices)
FIQtree will pr()yide" CEPA~d the,' City()f Dublin (the "City") fonnation,.an4 ~dminisp-:atiOJLservice s in
Co11llection, with the California PACE program.'fheseservices will be provided at nocosLto the City.
These servicesjndude,butan~ notlimited tothefollowii1g:
EKPi3:RT R!!S()URCKFirStfu1<lJorenlost, FIGtreewill~ctasthe"exp~rtresource"forthe CitX atLd is
~Yfrilf115le Jq~S\Vyr qllestiqp8anda4vise tIle Gityon particu1ari~slje~: inyolyil1g~ri~r~Yliistricts(s)
e,~tablished per Califogria ,~tr~ets ,and rrighwaysCode begimting with Sections 58Q8.IO (originally
apwovedunder, Assembly Bill, 811 ~ AB811).
DA]"'A CDLLEC110iy F'lGtree will gatherandfeVieW data pertinent to thefol'm~ori qf the Property
As~esse<:lCleanEnetgy (C,alifqrrriaR$CE) District. fIGtree will JIlllinl:a.j:n,and,periqQically update a
database of all parcels within ihedistrict' andrelevantparceLinforrtiation.
ANNiJAL,4$$ESS}iENT1].O~~. FIG-tree Will ~~cu1llte th~Al1I1lual~sessmerit,:for e(ichparceland
submit the amount for each parcel to the County Auditor/C ontroller in the {oriIiatand medium required,
, ,
FORXfA,TION'PACEREPORT. FI(j-tfee will prepare the energy QistIict fOmfutiohReporl as required
by ~~citi,()n 5?,~8,219ftIle 0aJ,ifofWllStreets and RigIl\Vay Code .
RESOLUTIONS. FIetree will preparetherequiredresolutions to be adopted by the City.
UTILITY NOpCES.FIGtteeWillpi'epare iind send the required notices tl1itmllStbe' tta;nslnitte~ fo tlle
lqCflliiti1i~)' c9wp~es. . . . ' , . , , , , .
ANNIJAL REP()RT.FIGtree'will,provide acomprehensive AnnmilReport.that will showa.detailed
listing of thefunounts subrmtted. to the assessment roll, details ofdelinquenf assessments, paid off parcels
aiidreleaseoflieris. ,. .
Thetecnn atFIGtreeis readily available to assist the City ihits endeavors to prornotePACE
finanGln?toitspropert)rovvners..FIGtreecan assist from organizing workshops to property
q\vIlersanqcoil1;r~9t()r~t9.prep(lripg ma:t;,~yting,riI(lterial~. . ,
F1Gt.reeEllel'gyRescurceC'OI~lpllnyl 9Sl15Mira Mesa Blvd; Sllite130."$an Piego,CA Sl2131
Pagel 'of 2
In the event that:City would .like to engage FIGtree to perforrnadditional services above and
beyond the DO cost Scope of Services,the additi6nalservices authorized by the City will be
bl11edat this rate or thethenapplicable hourlyrate.
Executive
Senior Consultant
An.<llyst
Clerical/Support
$270
225
125
55
ANNUAL ASSESSll1ENTCOST RECOl:'ERY
. . .-. ' .
In order to be able toprovide ABsII servicesto the City at no cost, revenues'livill be derived
under the California PACE,program from multiple sourCes, One suchsource:is the Annual.
Assessment Cost Recovery{the. ':Cost Recovery'').
TheCostRecovery is the revenuecollectedannllall'y on the property taxIollsin theamOlmt of
five percent (5%) of the annuaL assessment amount due by the property owner. The City
acknowledges that Cost Recovery collected on an annual basis will be apportioned lothe
following parties as follows:
COST RECOVERY SCHEDULE:
5%C ostRecovel
0.75%
'2.00%
2.25.%
',FIGtreeEnel~gy Resource Company
City of Dublin
Mahesh Shah
Jorri Pattillo
CEO
Title
r
Date
City Manager
Title
r 1
Date
BGtIee Energy Res(}ttrceComJ>ariyI9915~Iira Me~a'B[vd,St1ite13b.,s.ari Diego, CA 92131
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