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HomeMy WebLinkAboutReso 093-23 Approving an Agreement with Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element Reso. No. 93-23, Item 4.6, Adopted 09/05/2023 Page 1 of 2 RESOLUTION NO. 93 – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH STRATEGIC ECONOMICS, INC. FOR ECONOMIC DEVELOPMENT STRATEGY AND GENERAL PLAN ECONOMIC DEVELOPMENT ELEMENT WHEREAS, on November 6, 2012, the City Council adopted the City of Dublin Economic Development Strategy; and WHEREAS, since the Economic Development Strategy was adopted there have been significant changes in the City’s population, business operations and employment activity, industry types and growth, and overall economic climate; and WHEREAS, Staff has determined that these changes warrant an update to the Economic Development Strategy and General Plan Economic Development Element in order to re-evaluate and re-confirm the City’s economic development focus and priorities; and WHEREAS, in April 2023, Staff issued a Request for Proposals (RFP) for an update to the Economic Development Strategy and General Plan Economic Development Element; and WHEREAS, the City received six responses to the RFP; and WHEREAS, Staff reviewed and evaluated the proposals in accordance with the RFP rating process and interviewed four firms; and WHEREAS, the City desires to enter into an Agreement with Strategic Economics, Inc. for a not-to-exceed amount of $180,025 with a term ending on December 31, 2024. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Strategic Economics, Inc., attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to execute an Agreement with Strategic Economics, Inc. for a compensation amount of $180,025 plus a contingency amount of approximately ten percent for a total project cost not to exceed $200,000. BE IT FURTHER RESOLVED that the City Manager is authorized to enter into amendments to the Agreement to use the contingency amount and include any necessary, non- substantive changes to carry out the intent of this Resolution, as deemed appropriate by the City Manager. DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Reso. No. 93-23, Item 4.6, Adopted 09/05/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA CONSUL TING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND STRATEGIC ECONOMICS, INC. FOR ECONOMIC DEVELOPMENT STRATEGY AND GENERAL PLAN ECONOMIC DEVELOPMENT ELEMENT THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Strategic Economics, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of September 5, 2023 (the "Effective Date"). 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 Effective Date and shall end on December 31, 2024 the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before 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 referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall 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. 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 Subsection 1.2 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $180,025 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 1 of 14 Exhibit A DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 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. Except as specifically authorized by City in writing, 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. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. 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; ■A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o 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; ■The Consultant's signature; Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 2 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 ■Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 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. Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 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. 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. Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. DELETED. Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 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 to verify costs incurred to that date. 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. Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 3 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 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 fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below 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. Consistent with the following provisions, 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, and that such insurance is in effect prior to beginning work. 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 or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. 4.1.1 General Requirements. 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 $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these 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 California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 4 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 4.2 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a.Certificate of Liability Insurance in the amounts specified in the section; and b.Waiver of Subrogation Endorsement as required by the section. Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 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 without limitation, blanket contractual liability and 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 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a.The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b.City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c.Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 5 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 4.3 Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d.For any claims related to this Agreement or the work hereunder, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: a.Certificate of Liability Insurance in the amounts specified in the section; b.Additional Insured Endorsement as required by the section; c.Waiver of Subrogation Endorsement as required by the section; and d.Primary Insurance Endorsement as required by the section. Professional Liability Insurance. 4.3.1 General Requirements. 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 $2,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is 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 3 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 shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement. Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 6 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 4.4 4.5 d.A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 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 complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written 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. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 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 Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 7 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 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. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement. Section 6. 6.1 6.2 Section 7. 7.1 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. This Agreement shall not be construed as an agreement for employment. 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 Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. 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 Not an 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. LEGAL REQUIREMENTS. Governing Law. The laws of the State of California shall govern this Agreement. Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 8 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 7.2 7.3 7.4 7.5 Section 8. 8.1 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 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. Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), 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 include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. TERMINATION AND MODIFICATION. Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 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 Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 9 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 8.2 8.3 8.4 8.5 8.6 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. 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. Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 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. 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. Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 10 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 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 Subsection 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 $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 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 11 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 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. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the 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 Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 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 12 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 California Government Code Section 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 California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City's sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant's economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 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. Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 12 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("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: Strategic Economics, Inc. c/o Derek W. Brawn, Principal 2991 Shattuck Avenue, Suite 203 Berkeley, CA 94705 dbraun@strategiceconomics.com Any written notice to City shall be sent to: City of Dublin Office of Economic Development c/o Hazel Wetherford 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A B. and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Exhibit B Exhibit C Scope of Services Compensation Schedule & Reimbursable Expenses Indemnification 10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant's signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 13 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225O1C8-6DA9-4O72-846C-BB590F9562EA The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN Linda Smith, City Manager Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 3070368.1 STRATEGIC ECONOMICS, INC. Derek W. Braun, Principal Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element 09/5/2023 Page 14 of 14 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA EXHIBIT A SCOPE OF SERVICES Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element Last revised 09/5/2023 Exhibit A - Page 1 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element SCOPE OF WORK Strategic Economics proposes the following scope of work to complete the Dublin Economic Development Strategy and Economic Development Element project. All “Schedule” dates assume that the project begins on approximately August 1st. Strategic Economics will adjust the schedule based on the actual project start date. TASK 1: PROJECT KICKOFF AND MANAGEMENT SUBTASK 1.1: REQUEST AND REVIEW OF EXISTING DATA AND MATERIALS Prior to the kickoff meeting, the Strategic Economics team will review background materials and work completed to date as listed in the RFP, including the existing council priorities, Economic Development Strategy and Element, Downtown Dublin Preferred Vision and Specific Plan, and Fallon Road Economic Development Zone incentives. Strategic Economics will also request relevant data from the City, including GIS shape files, business license data, transient occupancy tax data, sales tax data, recently completed market studies and other analyses, development projects information, currently tracked real estate data, etc. OUTPUT: DATA AND DOCUMENT REQUESTS SCHEDULE: FIRST 2 WEEKS OF AUGUST COST: $2,305 SUBTASK 1.2: KICKOFF MEETING AND SITE VISIT Strategic Economics, Greensfelder Real Estate Strategy (GRES), and Tawni Sullivan will attend an in-person project initiation meeting with City staff to review the scope of work, schedule of deliverables, and outreach meetings/process. The team will finalize the project sequencing and schedule through this discussion with City staff. After the meeting, the team will tour the city with City staff, with a special focus on Downtown, major shopping centers, major employment centers, and areas of development activity. City staff are assumed to determine the route and arrange transportation if necessary. OUTPUT: KICKOFF MEETING AGENDA SCHEDULE: FIRST WEEK OF AUGUST COST: $5,100 SUBTASK 1.3: PROJECT MANAGEMENT AND COMMUNICATION Strategic Economics staff and other consultant team members will participate in bi-weekly check-in calls with City staff (as necessary) to share project updates and findings, and to coordinate on issues such as data collection, outreach to stakeholders, project schedule, and preparation/review of findings and deliverables. Exhibit A - Page 2 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element OUTPUT: CHECK-IN CALL AGENDAS SCHEDULE: ONGOING THROUGHOUT PROJECT LIFE COST: $3,050 TASK 2: ECONOMIC AND MARKET CONDITIONS AND OPPORTUNITIES ANALYSIS SUBTASK 2.1: WORKFORCE, DEMOGRAPHICS, AND MAJOR INDUSTRIES ANALYSIS Building on the 2012 Economic Development Strategy, stated council priorities, and our more recent work examining the East Bay and Tri-Valley economies, Strategic Economics will conduct an analysis of Dublin’s significant industry sectors to gain an understanding of the performance of the City’s industries. Strategic Economics will selectively analyze employment, industry, and business trends by examining local and regional trends and projections using a combination of California Employment Development Data (to be obtained by the City if possible, with the City responsible for associated costs charged by EDD), and/or City business license data (if available), and/or alternative sources such as JobsEQ data provided by the City’s partners, and regional employment projections. These analyses will identify the city’s strengths to gain an understanding of the types, composition, and performance of industries in Dublin. The task will also provide insights into Dublin’s specific strengths and weaknesses relative to the region. In order to connect these industry projections with local workforce conditions and demographics, Strategic Economics will analyze demographic and household characteristics of the Dublin population and workforce compared to the Tri-Valley area and the East Bay as a whole. We will also use U.S. Census LEHD data to examine commute patterns of residents and workers in Dublin. The findings of these analyses will also be combined with the Commercial Real Estate Analysis subtask to describe the space needs for future business growth in Dublin, including the types of buildings, spaces, land uses, and developable land required to meet these needs. OUTPUT: DATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT SCHEDULE: AUGUST THROUGH NOVEMBER COST: $12,580 SUBTASK 2.2: COMMERCIAL REAL ESTATE MARKET ANALYSIS In order to assess life science, office, and industrial tenanting opportunities and retail market conditions, Strategic Economics will combine the findings of the employment analysis with an assessment of market conditions and positioning of these uses in Dublin. Based on market and building-level data obtained via CoStar and local broker reports, Strategic Economics will examine Dublin’s competitive performance versus the surrounding market area, development Exhibit A - Page 3 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element activity, building types and conditions, and current major vacancies. This data analysis will be supplemented by interviews with area brokers to understand tenant attraction challenges and opportunities, both generally and for specific locations, development opportunity sites, and any major vacancies. Findings will include a focus on the alignment or misalignment of existing building stock and greenfield/infill development opportunities versus the needs of businesses in growing and expanding industry sectors. The analysis will include a particular focus on life science development opportunities, with advising by Tawni Sullivan. Finally, Strategic Economics will evaluate the performance and economic contribution of Dublin’s hotels through analysis of quantitative data such as market reports and transient occupancy tax revenues (provided by the City), and will conduct interviews with hotel operators. OUTPUT: DATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT SCHEDULE: AUGUST THROUGH NOVEMBER COST: $14,590 SUBTASK 2.3: RETAIL ANALYSIS, INCLUDING CELL PHONE DATA ANALYSIS GRES, with support from Strategic Economics, will complete an in-depth retail analysis, evaluating on-the-ground local conditions and applying broader retail trends to identify opportunities and recommend strategies to support the occupancy and health of Dublin’s retail-based businesses retail districts, shopping centers, and emerging mixed-use projects. Tasks will include: •A citywide inventory of retail space, including analysis of CoStar data provided by Strategic Economics which will be verified through fieldwork observations; •Identification of strengths and weaknesses for major retail centers and commercial districts; •Identification of major chain or “brand retailers” that are doing well versus those that are at risk of closure; •A retail gap and void sales tax leakage analysis to identify retail opportunities, based on sales tax and taxable sales data obtained by Strategic Economics via the City of Dublin and the California Department of Tax and Fee Administration; •A summary of barriers and threats for Dublin’s retailers and retail market; •Recommendations for actions and policies to address barriers, attract and retain neighborhood retailers and reduce vacancies, activate marginal and vacant storefronts, and reposition major shopping centers in the City for re-tenanting or redevelopment into new uses or formats. GRES will also obtain and analyze cell phone data that can show, among other things, the catchment from which various commercial/retail areas in the City draws customers. Identifying and confirming these traffic patterns can be helpful in developing strategies for Exhibit A - Page 4 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element capturing "on my route" trips as well as for widening the catchment from which an area draws. In addition, obtaining data from which other key projects such as City Center in San Ramon or the Livermore Premium Outlets can help us establish the traffic patterns benefitting competing destinations, and develop strategies to attract businesses and shoppers that will make Dublin a more frequent destination. This work can be leveraged by Economic Development as part of a business attraction study, and our deliverable will outline ways this might be done. OUTPUT: DATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT SCHEDULE: AUGUST THROUGH NOVEMBER COST: $22,300 SUBTASK 2.4: SUBAREA ASSESSMENTS Strategic Economics will profile and provide analysis of areas with significant current or planned concentrations of employment and business activity in Dublin. The analysis will examine: •Subarea job locations and industry mix through mapping of major industry sectors. •Building inventory through analysis of subarea commercial real estate data from CoStar. •Stakeholder input regarding subarea trends, issues, and opportunities, gleaned from interviews with area brokers and stakeholders as part of the engagement activities. •Assessment of retail and life science challenges and opportunities by GRES and Tawni Sullivan. The results of these subarea analyses will then be used to identify the economic development opportunities represented at each area, and used to inform place-specific strategies and actions in the Economic Development Strategy and the goals, policies, and implementation measures in the Economic Development Element. OUTPUT: DATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT SCHEDULE: OCTOBER THROUGH NOVEMBER COST: $6,450 SUBTASK 2.5: SWOT SUMMARY Based on the findings of subtasks 2.1 through 2.4, as well as the qualitative input received through stakeholder engagement activities in Task 6, the Strategic Economics team will develop a summary of strengths, weaknesses, opportunities, and threats (“SWOT”) for Exhibit A - Page 5 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element attracting, retaining, and growing different categories of businesses in Dublin that will maintain the City’s long-term economic health. The SWOT will differentiate findings relevant to the shorter term strategy versus longer term Economic Development Element, and will include preliminary high-level recommendations for addressing challenges and leveraging opportunities. The SWOT will include relevant data as necessary to explain the findings, although the full write-up of the technical analyses will ultimately be provided as part of the Economic Development Strategy itself. OUTPUT: SWOT SUMMARY (ADMIN DRAFT AND FINAL DRAFT) SCHEDULE: LATE-OCTOBER THROUGH NOVEMBER COST: $7,465 TASK 3: PRELIMINARY RECOMMENDATIONS AND DOCUMENT FRAMEWORKS The Strategic Economics team will prepare draft document frameworks for the Economic Development Strategy and the Economic Development Element. The frameworks are intended as a means of efficiently vetting and refining recommendations for the Economic Development Strategy and Economic Development Element prior to authoring the comprehensive documents (and/or while background content is being authored for the strategy). The frameworks will be used to receive and incorporate guidance by City stakeholders, staff, and decision makers. The respective frameworks will be designed for simultaneous review in order to illustrate connections between shorter term strategies and longer term policies. SUBTASK 3.1: ECONOMIC DEVELOPMENT STRATEGY FRAMEWORK DRAFTS Strategic Economics will incorporate the results of the Economic and Market Conditions and Opportunities analyses and stakeholder interviews to draft an initial document outline for review by City staff that includes potential goals, objectives, strategies, priorities, illustrative examples of implementation actions, and potential performance indicators for inclusion in the Economic Development Strategy. Two drafts of the framework will be provided. OUTPUT: TWO ECONOMIC DEVELOPMENT STRATEGY FRAMEWORK DRAFTS SCHEDULE: LATE-NOVEMBER THROUGH MID-JANUARY COST: $7,785 Exhibit A - Page 6 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element SUBTASK 3.2: ECONOMIC DEVELOPMENT ELEMENT FRAMEWORK DRAFTS Strategic Economics will incorporate the results of the Economic and Market Conditions and Opportunities analyses and stakeholder interviews to draft an initial document outline for review by City staff that includes potential goals, policies, and corresponding preliminary examples of implementation programs for inclusion in the Economic Development Strategy. Two drafts of the framework will be provided. OUTPUT: TWO ECONOMIC DEVELOPMENT ELEMENT FRAMEWORK DRAFTS (8 HARDCOPIES AND 1 ELECTRONIC COPY OF EACH DRAFT) SCHEDULE: LATE-NOVEMBER THROUGH MID-JANUARY COST: $8,095 TASK 4: ECONOMIC DEVELOPMENT STRATEGY SUBTASK 4.1: ECONOMIC DEVELOPMENT STRATEGY ADMIN DRAFTS 1-3 Based on feedback on the document framework from city community members, decision makers, and staff, Strategic Economics will prepare an Administrative Draft of the Economic Development Strategy with an implementation work plan matrix that describes implementation actions, responsibilities, timing, and metrics for measuring progress. The strategy will describe relevant economic context, projections, indicators, SWOT findings, goals, objectives, and the strategies, tools and partnerships necessary to support Dublin’s economic vitality and encourage commercial development at infill and greenfield opportunity sites. The strategy will also include review of the successes achieved under the previous strategy, and description of how and why this strategy differs while building on the prior strategy’s successes. The strategy will incorporate subarea-focused strategies related to places with significant economic and business activity or planned growth in Dublin, including Downtown Dublin and the Fallon East Economic Development Zone. Strategic Economics will provide up to three total administrative drafts of the strategy in response to clear and comprehensive City staff direction on each draft. OUTPUT: 3 ADMINISTRATIVE DRAFTS OF THE ECONOMIC DEVELOPMENT STRATEGY SCHEDULE: MID-JANUARY THROUGH MID-MARCH COST: $17,285 SUBTASK 4.2: PUBLIC DRAFT ECONOMIC DEVELOPMENT STRATEGY Upon staff review and feedback on the administrative drafts of the Economic Development Strategy, Strategic Economics will provide a Public Draft for review and comment by community stakeholders and the City Council. Per Task 6, Strategic Economics will present this draft to the City Council at a council meeting or study session. Exhibit A - Page 7 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element OUTPUT: PUBLIC DRAFT OF THE ECONOMIC DEVELOPMENT STRATEGY SCHEDULE: LATE-MARCH THROUGH EARLY-APRIL COST: $2,925 SUBTASK 4.3: FINAL DRAFT ECONOMIC DEVELOPMENT STRATEGY Based on input received on the Public Draft strategy Strategic Economics will make final revisions and provide a Final Draft for potential adoption by the Dublin City Council. OUTPUT: FINAL DRAFT OF THE ECONOMIC DEVELOPMENT STRATEGY SCHEDULE: LATE-APRIL THROUGH LATE-MAY COST: $2,925 TASK 5: ECONOMIC DEVELOPMENT ELEMENT SUBTASK 5.1: ECONOMIC DEVELOPMENT ELEMENT ADMIN DRAFTS 1-3 Concurrent with preparation and staff reviews of the Economic Development Strategy, Strategic Economics will also prepare and provide up to three admin drafts of the Economic Development Element. The element will provide relevant background information, with a focus on longer-term considerations such as major fixed economic development assets (infrastructure and location attributes), anchors (institutions), broader industry trends, and development and redevelopment opportunities. The element will include goals, policies, implementation programs, and implementation phasing. The admin drafts will incorporate illustrative and informative proposed graphics, exhibits, and photographs (with any photographs to be provided by the City of Dublin). The language and format of the element will be designed to maintain consistency with other General Plan elements and their contents. Up to three administrative drafts will be provided, incorporating subsequent rounds of clear and comprehensive City staff direction on each draft. OUTPUT: 3 ADMINISTRATIVE DRAFTS OF THE ECONOMIC DEVELOPMENT ELEMENT (8 HARDCOPIES AND 1 ELECTRONIC COPY OF EACH DRAFT) SCHEDULE: MID-JANUARY THROUGH MID-MARCH COST: $12,695 SUBTASK 5.2: PUBLIC DRAFT ECONOMIC DEVELOPMENT ELEMENT Upon staff review and feedback on the Administrative Drafts, Strategic Economics will revise and provide a Public Draft for review by the City Council and community stakeholders. Per Task 6, Strategic Economics will present this draft to the City Council at a council meeting or study session. Exhibit A - Page 8 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element OUTPUT: PUBLIC DRAFT ECONOMIC DEVELOPMENT ELEMENT (8 HARDCOPIES AND 1 ELECTRONIC COPY) SCHEDULE: LATE-MARCH THROUGH EARLY-APRIL COST: $2,290 SUBTASK 5.3: FINAL DRAFT ECONOMIC DEVELOPMENT ELEMENT Based on input received on the Public Draft element, Strategic Economics will make final revisions and provide a Final Draft for potential adoption by the Dublin City Council. OUTPUT: FINAL DRAFT ECONOMIC DEVELOPMENT ELEMENT (40 HARDCOPIES, 1 PHOTO READY COPY, 1 ELECTRONIC COPY) SCHEDULE: LATE-APRIL THROUGH LATE-MAY COST: $2,390 TASK 6: STAKEHOLDER AND DECISION MAKER ENGAGEMENT The Strategic Economics team proposes a robust stakeholder and decision maker engagement process. Activities include regular check-ins with City staff, focus group meetings with groups representing different industries and business interests, general community workshops, and meetings and study sessions with the City Council and potentially the Planning Commission. The engagement process is designed to meet the needs of the Economic Development Strategy Update and Economic Development Element simultaneously. SUBTASK 6.1: PROGRESS MEETINGS WITH CITY STAFF The Strategic Economics team will conduct virtual meetings with City staff on a bi-weekly basis as needed. These meetings will be used to coordinate schedule and activities, plan upcoming events and meetings, share interim results and findings, and discuss staff input and feedback on work products. OUTPUT: MEETING AGENDAS AND NOTES SCHEDULE: THROUGHOUT PROJECT LIFE COST: $3,770 SUBTASK 6.2: INDUSTRY AND STAKEHOLDER FOCUS GROUP WORKSHOP MEETINGS Strategic Economics will facilitate a series of up to six in-person (if clustered on one or two specific days) or virtual stakeholder group meetings. The stakeholders will be defined in close coordination with City staff, but could potentially include: representatives of key industries such as retail/restaurants, advanced manufacturing, and life science; leadership and members of the Chamber of Commerce, brokers and developers, and City staff. In addition to Exhibit A - Page 9 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element gathering qualitative information and answering key questions raised in the RFP, the stakeholder groups will help to build support for the Economic Development Strategy and Element and achieve “buy-in” from community leaders. Members of the Strategic Economics team will facilitate each of the meetings (as appropriate based on areas of expertise), formulating specific topics and questions with the goal of gathering required information and generating ideas for potential strategies. It is assumed that City staff will contact all stakeholders to schedule and coordinate the meetings. OUTPUT: MEETING AGENDAS AND NOTES SCHEDULE: MID-AUGUST THROUGH MID-SEPTEMBER COST: $12,345 SUBTASK 6.3: COMMUNITY WORKSHOPS AND SUMMARIES The SE team will prepare for and execute up to two (2) community workshops to discuss topics related to the economic development strategy and element. These workshops are currently envisioned to occur in person, but can also be occur virtually. The first workshop will focus on general community priorities, vision, and areas of interest. The second workshop will be used to vet the contents of the Economic Development Strategy and Element. Both workshops will include a targeted outreach effort to property owners, managers, developers, and residents to receive their input. Workshop responsibilities include: •Strategic Economics will work with the project team to prepare an overall purpose, approach, objective and anticipated outcome of the community workshops. •Strategic Economics will prepare meeting materials including agendas, sign-in sheets and assist with interactive activities. •Strategic Economics will facilitate the workshops, with additional facilitation support by City staff. •City staff will coordinate meeting location logistics (e.g., room, seating, a/v equipment, refreshments) and send invitations. •Strategic Economics will assist with meeting logistics including room set up and break- down. •Strategic Economics will prepare summary notes. OUTPUT: WORKSHOP AGENDAS, MATERIALS, AND SUMMARY NOTES SCHEDULE: MID-OCTOBER AND MID-JANUARY COST: $15,210 SUBTASK 6.5: BOARD MEETINGS AND STUDY SESSIONS Strategic Economics will prepare for, attend, and facilitate up to three “board” meetings or study sessions to inform the development of the Economic Development Strategy and Exhibit A - Page 10 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element Element (GRES will attend one meeting). The meetings may include City Council or Planning Commission hearings. Strategic Economics will work with City staff to determine, based on project needs, whether to schedule study sessions or include project topics as a regular meeting calendar item. A first meeting could occur as the analytical tasks are concluded and will be used to report findings, refine vision, priorities, and areas of concern/interest, and gather feedback on preliminary recommendations. Another meeting could be used to gather direction on the public draft economic development strategy and element documents. OUTPUT: REVIEW OF STAFF REPORTS, MEETING AGENDAS, MEETING SLIDES, MEETING NOTES SCHEDULE: MID- TO LATE-NOVEMBER (TENTATIVE), MID-APRIL (TENTATIVE) COST: $13,720 Exhibit A - Page 11 of 11 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element Last revised 09/5/2023 Exhibit B - Page 1 of 4 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element FEE SCHEDULE We propose a total revised budget of $180,025 to prepare the Dublin Economic Development Strategy and Economic Development Element. The following pages show the comprehensive budget and each firm’s billing rates by staff and hours and budget by task. FIGURE 1: FULL PROJECT BUDGET (INCLUSIVE OF ALL FIRMS AND EXPENSES) Task #Description Total Time Total Amount Hours Dollars Task 1 Project Kickoff & Management 1.1 Request and Review of Existing Data and Materials 11 $2,305 1.2 Kickoff Meeting and Site Visit 20 $5,100 1.3 Project Management and Communication 12 $3,050 Sub Total - Task 1 43 $10,455 Task 2 Economic & Market Conditions & Opportunities Analysis 2.1 Workforce, Demographics, and Major Industries Analysis 83 $12,580 2.2 Commercial Real Estate Market Analysis 89 $14,590 2.3 Retail Analysis, Including Cell Phone Data Analysis 88 $22,300 2.4 Subarea Assessments 42 $6,450 2.5 SWOT Summary 44 $7,465 Sub Total - Task 2 346 $63,385 Task 3 Preliminary Recommendations & Document Frameworks 3.1 Economic Development Strategy Framework Drafts 42 $7,785 3.2 Economic Development Element Framework Drafts 43 $8,095 Sub Total - Task 3 85 $15,880 Task 4 Economic Development Strategy 4.1 Admin Drafts 1-3 102 $17,285 4.2 Public Draft 15 $2,925 4.3 Final Draft 15 $2,925 Sub Total - Task 4 132 $23,135 Task 5 Economic Development Element 5.1 Admin Drafts 1-3 72 $12,695 5.2 Public Draft 12 $2,290 5.3 Final Draft 12 $2,390 Sub Total - Task 5 96 $17,375 Task 6 Stakeholder and Decision Maker Engagement 6.1 Progress Meetings with City Staff 17 $3,770 6.2 Industry & Stakeholder Focus Group Workshop Meetings (6)55 $12,345 6.3 Community Workshops and Summaries (2)92 $15,210 6.4 Board Meetings or Study Sessions (3)68 $13,720 Sub Total - Task 6 232 $45,045 Sub Total - Labor 934 $175,275 Other Direct Costs Travel Expenses $600 Data $3,200 Workshop Materials $800 Deliverables Printing and Other Miscellaneous $150 $0 Sub Total - Other Direct Costs $4,750 GRAND TOTAL 934 $180,025 Exhibit B - Page 2 of 4 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element FIGURE 2: HOURS, BILLING RATES, AND BUDGET FOR STRATEGIC ECONOMICS Task #Description TOTAL HRS TOTAL AMOUNT Task 1 Project Kickoff & Management 1.1 Request and Review of Existing Data and Materials 2 $470 0 $0 5 $750 1 $115 8 $1,335 1.2 Kickoff Meeting and Site Visit 5 $1,175 0 $0 5 $750 0 $0 10 $1,925 1.3 Project Management and Communication 6 $1,410 0 $0 2 $300 0 $0 8 $1,710 Sub Total - Task 1 13 $3,055 0 $0 12 $1,800 1 $115 26 $4,970 Task 2 Economic & Market Conditions & Opportunities Analysis 2.1 Workforce, Demographics, and Major Industries Analysis 6 $1,410 1 $310 50 $7,500 24 $2,760 81 $11,980 2.2 Commercial Real Estate Market Analysis 6 $1,410 1 $310 50 $7,500 24 $2,760 81 $11,980 2.3 Retail Analysis, Including Cell Phone Data Analysis 4 $940 0 $0 20 $3,000 14 $1,610 38 $5,550 2.4 Subarea Assessments 4 $940 0 $0 20 $3,000 16 $1,840 40 $5,780 2.5 SWOT Summary 6 $1,410 1 $310 30 $4,500 5 $575 42 $6,795 Sub Total - Task 2 26 $6,110 3 $930 170 $25,500 83 $9,545 282 $42,085 Task 3 Preliminary Recommendations & Document Frameworks 3.1 Economic Development Strategy Framework Drafts 7 $1,645 0 $0 30 $4,500 0 $0 37 $6,145 3.2 Economic Development Element Framework Drafts 7 $1,645 1 $310 30 $4,500 0 $0 38 $6,455 Sub Total - Task 3 14 $3,290 1 $310 60 $9,000 0 $0 75 $12,600 Task 4 Economic Development Strategy 4.1 Admin Drafts 1-3 18 $4,230 1 $310 60 $9,000 18 $2,070 97 $15,610 4.2 Public Draft 4 $940 0 $0 8 $1,200 1 $115 13 $2,255 4.3 Final Draft 4 $940 0 $0 8 $1,200 1 $115 13 $2,255 Sub Total - Task 4 26 $6,110 1 $310 76 $11,400 20 $2,300 123 $20,120 Task 5 Economic Development Element 5.1 Admin Drafts 1-3 12 $2,820 1 $310 48 $7,200 6 $690 67 $11,020 5.2 Public Draft 4 $940 0 $0 6 $900 1 $115 11 $1,955 5.3 Final Draft 3 $705 0 $0 6 $900 1 $115 10 $1,720 Sub Total - Task 5 19 $4,465 1 $310 60 $9,000 8 $920 88 $14,695 Task 6 Stakeholder and Decision Maker Engagement 6.1 Progress Meetings with City Staff 10 $2,350 0 $0 5 $750 0 $0 15 $3,100 6.2 Industry & Stakeholder Focus Group Workshop Meetings (6)15 $3,525 0 $0 24 $3,600 0 $0 39 $7,125 6.3 Community Workshops and Summaries (2)24 $5,640 0 $0 50 $7,500 18 $2,070 92 $15,210 6.4 Board Meetings or Study Sessions (3)24 $5,640 0 $0 36 $5,400 0 $0 60 $11,040 Sub Total - Task 6 73 $17,155 0 $0 115 $17,250 18 $2,070 206 $36,475 Sub Total - Labor 171 $40,185 6 $1,860 493 $73,950 130 $14,950 800 $130,945 Other Direct Costs Travel Expenses $400 Data $1,000 Workshop Materials $800 Deliverables Printing and Other Miscellaneous $150 Sub Total - Other Direct Costs $2,350 GRAND TOTAL 171 $40,185 6 $1,860 493 $73,950 130 $14,950 800 $133,295 STRATEGIC ECONOMICS BILLING RATES, HOURS, AND BUDGET Derek Braun, Principal-in- Charge Dena Belzer, Project Advisor Arpita Banerjee, Associate Gus Stephens, Research Analyst $235 $310 $150 $115 Exhibit B - Page 3 of 4 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element FIGURE 3: HOURS, BILLING RATES, AND BUDGET FOR GRES AND TAWNI SULLIVAN Task #Description TOTAL HRS TOTAL AMOUNT TOTAL HRS TOTAL AMOUNT Task 1 Project Kickoff & Management 1.1 Request and Review of Existing Data and Materials 2 $670 1 $300 1.2 Kickoff Meeting and Site Visit 5 $1,675 5 $1,500 1.3 Project Management and Communication 4 $1,340 0 $0 Sub Total - Task 1 11 $3,685 6 $1,800 Task 2 Economic & Market Conditions & Opportunities Analysis 2.1 Workforce, Demographics, and Major Industries Analysis 0 $0 2 $600 2.2 Commercial Real Estate Market Analysis 6 $2,010 2 $600 2.3 Retail Analysis, Including Cell Phone Data Analysis 50 $16,750 0 $0 2.4 Subarea Assessments 2 $670 0 $0 2.5 SWOT Summary 2 $670 0 $0 Sub Total - Task 2 60 $20,100 4 $1,200 Task 3 Preliminary Recommendations & Document Frameworks . 3.1 Economic Development Strategy Framework Drafts 4 $1,340 1 $300 3.2 Economic Development Element Framework Drafts 4 $1,340 1 $300 Sub Total - Task 3 8 $2,680 2 $600 Task 4 Economic Development Strategy . 4.1 Admin Drafts 1-3 5 $1,675 0 $0 4.2 Public Draft 2 $670 0 $0 4.3 Final Draft 2 $670 0 $0 Sub Total - Task 4 9 $3,015 0 $0 Task 5 Economic Development Element 5.1 Admin Drafts 1-3 5 $1,675 0 $0 5.2 Public Draft 1 $335 0 $0 5.3 Final Draft 2 $670 0 $0 Sub Total - Task 5 8 $2,680 0 $0 Task 6 Stakeholder and Decision Maker Engagement 6.1 Progress Meetings with City Staff 2 $670 0 $0 6.2 Industry & Stakeholder Focus Group Workshop Meetings (6)12 $4,020 4 $1,200 6.3 Community Workshops and Summaries (2)0 $0 0 $0 6.4 Board Meetings or Study Sessions (3)8 $2,680 0 $0 Sub Total - Task 6 22 $7,370 4 $1,200 Sub Total - Labor 118 $39,530 16 $4,800 Other Direct Costs Travel Expenses $100 $100 Data $2,200 Workshop Materials $0 Deliverables Printing and Other Miscellaneous $0 Sub Total - Other Direct Costs $2,300 $100 GRAND TOTAL 118 $41,830 16 $4,900 GREENSFELDER REAL ESTATE STRATEGY TAWNI SULLIVAN Exhibit B - Page 4 of 4 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA EXHIBITC INDEMNIFICATION A.Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant's work under this Agreement. B.With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault. C.Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City. D.Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant's services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault. Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element Last revised 09/5/2023 Exhibit C -Page 1 of 1 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A