HomeMy WebLinkAboutItem 8.1 Economic & Planning Systems~~~~ Off' nU~~~
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
CITY CLERK
File #600-30
March 20, 2012
Honorable Mayor and City Councilmembers
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Joni Pattillo, City Manager ° ~'
SUBJECT: Approve an 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 City Council established a Fiscal Year 2011-2012 Strategic Initiative to "develop an
Economic Development Strategy." Staff has researched and interviewed various firms with a
specialization in developing strategies and elements for municipal agencies and is
recommending the services of Economic & Planning Systems, Inc. to develop the City's
Economic Development Strategy and Element.
FINANCIAL IMPACT:
Funding for this Agreement has been budgeted in the Fiscal Year 2011-2012 Economic
Development and Planning Operating Budgets. The contract amount is not to exceed
$142,000. The adopted Economic Development Operating Budget included $92,000 in funding
for this activity. A Budget Change/Transfer is proposed from the Planning Operating Budget to
the Economic Development Operating Budget in the amount of $50,000. These funds were
budgeted for the Economic Development Element, which is proposed to be completed as part of
this Agreement. There is no change in the overall City budgeted appropriations.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving an Agreement with
Economic & Planning Systems, Inc. for the Economic Development Strategy and General Plan
Economic Development Element.
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- Submitted By
Economic Development Director
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Reviewed By
Assistant City Manager
Page 1 of 2 ITEM NO. 8.1
DESCRIPTION:
One of the City Council's FY 2011/12 strategic initiatives for Economic Development is to
develop an Economic Development Strategy. In November 2011, the City issued a Request for
Proposal (RFP) to identify an economic development firm with experience in economic
development strategies and elements. The City received six responses to the RFP request,
with each of those respondents qualified and capable to complete the work. The six
respondents included: Applied Development Economics, bae urban economics, Chabin
Concepts, Inc., Economic & Planning Systems, Inc., Strategic Economics, and Wahlstrom &
Associates. The City's internal review committee (representatives from the City Manager's
Office -Economic Development and Community Development) interviewed four of the six
prospective firms in January 2012. The interviews consisted of a presentation by each firm
regarding their capabilities and experience, case studies with other cities, as well as their
knowledge of Dublin and the Tri-Valley region.
After interviewing the firms, Staff is recommending the services of Economic & Planning
Systems, Inc. (EPS). EPS has extensive experience in creating quality economic development
strategies and elements for cities, counties and other agencies throughout the United States.
In terms of pricing, each of the four firms interviewed offered competitive rates for their services,
which generally fell within the same cost range. EPS, however, has two sub-consultants
specializing in economic data and public outreach, which the internal review committee felt was
an added value to the overall project.
Staff presented its recommendation to the Ad-Hoc Economic Development Committee in
February 2012. The Committee agreed with Staff's selection of the firm and recommended that
Staff bring the item before the City Council for consideration.
The Ad-Hoc Economic Development Committee will continue to receive regular updates on the
Economic Development Strategy and Element efforts.
If the City Council approves the Agreement, Staff will begin work with EPS on the stakeholder
engagement process. Based on past experience, EPS estimates that it will take eight months to
complete the Economic Development Strategy and Element for the City of Dublin, with a
deliverable date likely in mid-November 2012.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution Approving an Agreement with Economic & Planning
Systems, Inc. for the Economic Development Strategy and General
Plan Economic Development Element (Agreement attached as
Exhibit A to the Resolution)
2. Budget Change
Page 2 of 2
RESOLUTION NO. -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH ECONOMIC & PLANNING SYSTEMS, INC.
FOR THE 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 attached 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:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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 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 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.
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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.
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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
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
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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 aself-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 ofwhether aself-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. 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.
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4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
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.
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 orself-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
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 orself-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.
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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.
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.
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 A:VII.
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
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
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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
orself-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible orself-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
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
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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 competentjurisdiction 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.
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
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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 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, 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.
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
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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.
8.5 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
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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 bylaw, 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 competentjurisdictionflnds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
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 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.
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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 ofFcial in the work performed pursuant to this
Agreement. No ofFcer 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 ofFcial of the City. If Consultant was an
employee, agent, appointee, or ofFcial 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
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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 reportldesign preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with reportldesign responsibility," as in the
following example.
Seal and Signature of Registered Professional with
reportldesign 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
Joni Pattillo, City Manager
CONSULTANT
David Zehnder, Managing Principal
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
J:\wpd\Mnrsw\114\001\Forms\standard consultant services agreement.doc
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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 will 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 circumstances 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 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
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 a 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
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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 this 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.
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 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 in the Scope
of Work section of this Proposal.
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Z. SCOPE OF WORK
Part I: 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 1: 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.
Subtask 1.1: Gather Information
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 in-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 [ACWIB], Bay Area Council, the Association of Bay
Area Governments [ABAG]), major employers, business owners, and community members to
explore topics such as economic development efforts and outcomes, competition for business
location and expansion projects, opportunities 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.
Subtask 1.2: Identify Competitive Geographic Areas
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
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Team will share the list of competitive geographic areas with City staff for feedback and adjust
the list as appropriate.
The EPS Team will provide ahigh-level profile of each competitive area, including broad
economic and demographic indicators from the similarity analysis (e.g., population, employment,
and industry structure). The EPS Team will present similar indicators for Dublin.
Task 1 Output
• A document summarizing the profiles of the competitive geographic areas.
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 economic and
demographic profile of 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 EPS Team will provide similar comparative factors for the East Bay.
As it pertains to land assets and real estate, the market assessment will focus on 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 Dublin'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
EPS Team will gather and create detailed industry employment and establishment data and
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forecasts for the City and East Bay.i This 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 EPS Team will apply national and statewide staffing
pattern matrices to industry data to assess the workforce employment breakdown and related
skill levels and competencies.
Based on this period of research and analysis, the EPS Team will delineate the City's general role
in the East Bay economy based on the EPS Team's professional knowledge and experience,
possible regional growth patterns, and historical and projected economic and demographic
trends.
Subtask 2,2; 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 up 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 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 areas and will interview
selected local economic development representatives (e.g., government entities, economic
development corporations, chambers of commerce, and entrepreneurship organizations) 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 with key members of 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 project
completion. In addition, the EPS Team will validate 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.
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Task 2 Output
• A document summarizing the economic and demographic profile and business vitality index.
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 this list to the City's
existing (and potential future) assets.
Subtask 3.1: Identify Viable Economic Activities
The EPS Team will create amultiple-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 EPS 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-employer trends, small and medium enterprise dynamics,
firm exits from the City, innovation activity, and business size characteristics.
In collaboration with City staff, the EPS Team will select up to six sectors or clusters from the
indexed list of established and emerging sectors to act as targeted sectors.z 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 for the six selected economic
activities.
The EPS Team will research and compare the general needs of targeted economic activities with
existing assets, infrastructure, and other broad requirements in the City, based on interviews,
document/literature 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 Commission Discussions on Economic
Development Vision
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 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
Z The EPS Team anticipates developing information for up to six targeted sectors. If fewer sectors are
selected-based upon discussions with the City-a cost savings may be achieved.
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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.
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 analysis 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 surrounding 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 format/configuration 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 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
locational 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 list of targeted economic activities, SWOT analysis, and
development prototypes.
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Task 3 Schedule
• 2 months
Task 3 Cost
• $42,000
Task 4: Create Economic Development 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 toolkit to help the City accomplish its economic development goals.
Subtask 4.1: Establish Economic Development Vision and Priorities
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 retention, 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, recommendations,
and tactics to help define a path for the City to meet its objectives. The EPS Team will test the
plan and timelines with City staff for internal feasibility and will adjust as appropriate and
finalize.
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. The 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
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plan, and methodology. The EPS 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 be available, on request, for up
to two more presentations or workshops for a similar audience or other groups such as the
Planning Commission or other regional organizations.
Task 4 Output
• Economic Development Strategy report and presentations/workshops of report findings.
Task 4 Schedule
• 1 month
Task 4 Cost
• $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 that 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
The EPS Team will meet with City staff, the City Council, and others as appropriate to review the
work conducted in Part I (detailed above) and to solicit 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 (wallgraphics) that help to establish the group's memory of both the flow and the content
of discussions.
Subtask 5.2: Prepare Draft Economic Development 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.
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The goals and policies will be informed by the work conducted in Subtask 3.2, 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 EPS
Team will provide consistency-related refinements to the element as needed.3
Subtask 5.3: Conduct Community Meeting and Prepare Draft Economic Development
Element
The EPS Team will compile the key findings from this meeting and will prepare a draft version of
anew, 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 goals and
policies regarding the economic stability 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. The 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 be 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 community 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.
s If significant consistency issues are deemed to exist among the EPS Team's recommendations and
existing policies in the City's General Plan, a higher level of effort may be required to reconcile them.
A $7,000 "contingency" amount has been identified in this case, although more detailed discussions
will be held with the 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 & Planning Systems, Inc. 10 ,,.~a,.....~7,000,,,~„o.~,~~,FO..a.,,...«.,.<.,,,EOS,,,s„4~~.w~..r,-,,.,,,a
Consulting Services Agreement between 2/27/2012
City of Dublin and Economic & Planning Systems, Inc.-Exhibit A Page 10 of 12
Economic Development Strategy and General Plan Economic Development Element
Proposal February 22, 2012
Task 5 Output
• Framework Goals and Policies document (7 hard copies plus electronic copy).
• Administrative Draft Economic Development Goals and Policies, including graphics, exhibits,
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
Task 5 Cost
• $32,000 (plus $7,000 "contingency" to address major issues identified during the General
Plan consistency evaluation).
Economic & Planning Systems, Inc. 11 ,,.~a,.....~7,000,,,~„o,~,~~,FO..a.,,...«.,.<.,,,EOS,,,s„4~~.w~..r,-,,.,,,a
Consulting Services Agreement between 2/27/2012
City of Dublin and Economic & Planning Systems, Inc.-Exhibit A Page 11 of 12
.3. FEE SCHEDULE
The EPS Team proposes to complete Part I for a budget of $103,000 and Part II for a budget of
$32,000 for a total project budget of $135,000 (see Table i).
Table 1
Estimated Budget by Task
Task/ Total
Subtask Description Budget
Part One -Economic Development Stategy
Task 1 Establish Area Context
1.1 Gather Information $4,580
1.2 Identify Competitive Geographic Areas $1,760
Meetings $4,300
Task 1 Subtotal $10,640
Task 2 Prepare Market Evaluation
2.1 Complete Market Assessment $2,820
2.2 Establish the City's Competitive Position $15,820
Meetings $3,480
Task 2 Subtotal $22,120
Task 3 Establish Economic Development Potential
3.1 Identify Viable Economic Activities $18,190
3.2 Community and PC Meeting/ Workshop $4,980
3.3 Evaluate Area Assets $15,480
Meetings $3,480
Task 3 Subtotal $42,130
Task 4 Create Economic Development Strategies
4.1 Establish Econ. Dev. Vision and Priorities $8,560
4.2 Create Implementation! Measurement Plan $6,180
4.3 Prepare Econ. Dev. Strategy Report and Presentation $8,830
Meetings $4,130
Task 4 Subtotal $27,700
Total Part One $102,590
Part Two -Economic Development Element
Task 5: Economic Development Element
5.1 Econ. Dev. Element Kickoff and Study Session $6,660
5.2 Preparation of Draft Econ. Dev. Goals and Policies $6,180
Task 5.2 Contingency $7,000
5.3 Community Mtg. and Prepare Draft Econ. Dev. Element $8,090
5.4 Preparation of Economic Development Element $5,980
Additional Meetings $4,980
Task 5 Subtotal $31,890
Total Part Two $31,890
ROUNDED TOTAL (without contingency) $135,000
ROUNDED TOTAL INCLUDING CONTINGENCY $142,000
Economic & Planning Systems, Inc. 12 ,,.,a,.....,7,000,,,~„o.~,~~,FO..a.,,...«.,.<.,,,EOS,,,s„4~~.w~..r,-,,.,,,a
Consulting Services Agreement between 2/27/2012
City of Dublin and Economic & Planning Systems, Inc.-Exhibit A Page 12 of 12
EXHIBIT B
COMPENSATION SCHEDULE
.3. FEE SCHEDULE
The EPS Team proposes to complete Part I for a budget of $103,000 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
Task!
Subtask Description Total
Budget
Part One -Economic Development StategV
Task 1 Establish Area Context
1.1 Gather Information $4,580
1.2 Identify Competitive Geographic Areas $1,760
Meetings $4,300
Task 1 Subtotal $10,640
Task 2 Prepare Market Evaluation
2.1 Complete Market Assessment $2,820
2.2 Establish the City's Competitive Position [1] $15,820
Meetings $3,480
Task 2 Subtotal $22,120
Task 3 Establish Economic Development Potential
3.1 Identify Viable Economic Activities $18,190
3.2 Community and PC Meeting/ Workshop $4,980
3.3 Evaluate Area Assets $15,480
Meetings $3,480
Task 3 Subtotal $42,130
Task 4 Create Economic Development Strategies
4.1 Establish Econ. Dev. Vision and Priorities $8,560
4.2 Create Implementation/ Measurement Plan $6,180
4.3 Prepare Econ. Dev. Strategy Report and Presentation $8,830
Meetings $4,130
Task 4 Subtotal $27,700
Total Part One (rounded) $103,000
Part Two -Economic Development Element
Task 5: Economic Development Element
5.1 Econ. Dev. Element Kickoff and Study Session $6,660
5.2 Preparation of Draft Econ. Dev. Goals and Policies $6,180
Task 5.2 Contingency $7,000
5.3 Community Mtg. and Prepare Draft Econ. Dev. Element $8,090
5.4 Preparation of Economic Development Element $5,980
Additional Meetings $4,980
Task 5 Subtotal $38,890
Total Part Two (rounded) $39,000
ROUNDED TOTAL INCLUDING CONTINGENCY $142,000
[1] Data acquisition cost of $3,000 is included in Task 2.2
Economic & Planning Systems, Inc.
Consulting Services Agreement between 2/27/2012
City of Dublin and Economic & Planning Systems, Inc.-Exhibit B Page 1 of 1
CITY OF DUBLIN
BUDGET CHANGE FORM FISCAL YEAR 2011/2012
New Appropriations (City Council Approval Required)
Budget Transfers:
CHANGE FORM #
From Un-Appropriated Reserves
From New Revenues
From Budgeted Contingent Reserve
Within Same Department Activity
XX Between Departments (City Council Approval Req'd)
Other:
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT
Name: EXPENDITURE :General Name: EXPENDITURE: General
Fund -Planning -Contract Services Fund -Economic Development
Department -Contract Services
($50,000) General $ 50,000
GL Account #: 1001.8101.64001 GL Account #: 1001.8401.64001
REASON FOR BUDGET CHANGE ENTRY: As presented to the City Council on March 20,
2012, this budget change provides funding for contract services to complete an Economic
Development Element, as part of a broader project. $50,000 of the total project will be funded by an
interdepartmental transfer from the Planning Operating Budget to the Economic Development
Operating Budget. The funding for the Economic Element was originally budgeted in the Planning
Department, however, the completion of this work is proposed to be completed as part of a broader
Economic Strategy project coordinated by the Economic Development Department.
As Presented at the City Council Meeting on: Date: 3/20/2012
#################(Finance Use Only)###################
Posted By: Date:
City Council Minutes Excerpt Attached Reviewed By:
G:IBudget Changesl4_2011_12125_3_20_12_EconDev_Sirategy.doc
ATTACHMENT 2