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16-050 Economic & Planning Systems, Inc., Fiscal analysis of the Oaks Project InitiativeCITY OF fl CUPERTINO SHORT FORM AGREEMENT (Less than $5,000) CITY OF CUPERTINO 10300 ToITe A venue Cupertino, CA 95014 408-777-3200 NO. 2016-507 This Agreement, made and entered into this 5th day of April, 2016, (the "Effective Date") is by and between the City of Cupertino (hereinafter "City") and Economic & Planning Systems, Inc ., One Kaiser Plaza , Suite 1410, Oakland , California 94612 (hereinafter "Contractor"), in consideration of their mutual covenants, the parties agree as follows : A . SCOPE OF SERVICES. Contractor shall provide or furni s h the following specified services and /or materials: Fiscal analysis of the Oaks Project Initiative. Check bo x if services are further described in Exhibit A and B. ~ B . TERM : The services and/or materials furnished under this Agreement s hall commence on April 6 , 2016 and shall be completed no later than June 30, 2016. C. COMPENSATION: For the full performance of this Agreement, CITY shall pay Contractor a total amount not to exceed THREE THOUSAND dollars ($3 ,000 .00), as set forth in Exhibit A. California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1 ,000 .00. Contractor s hall comply with all applicable provisions of law, including, without limitation , Labor Code Sections 1771 , 1776 , 1777.5 and 1810. D. EXHIBITS : The following attached exhibits hereby are made part of this Agreement : ~Exhibit "A"-Scope of Services ~Exhibit "B"-Rate Sheet GENERAL TERMS AND CONDITIONS 1. Hold Harmless. Contractor s hall , to the fullest e xtent allowed by law and without limitation of the provision s of thi s Agreement related to insurance, with respect to a ll services performed in connection with the Agreement, indemnify , defend , and hold harmless the City and its officers , officials, agents, employees and volunteers from and again st any and all liability, claims, actions, causes of action or demands whatsoever against any of them , including any injury to or death of any person or damage to property or other liability of any nature, whether physical , emotional , consequential or otherwise, arising out, pertaining to , or related to the performance of this Agreement by Contractor or Contractor's emp loyees, officers , officials , agents or independent contractors. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice, expert fees and all other costs and fees of litigation . The acceptance of the Services by City shall not operate as a waiver of the right of indemnification . The provisions of this Section survive the completion of the Services or termination of this Contract. 2. Subcontracting . Contractor ha s been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained , only those people whose names are listed this Agreement shall be used in the performance of this Agreement. 3. Assignment. Contractor ma y not assign , transfer, or subcontract thi s Agreement or any p011ions thereof, without prior written consent of City. 4. Insurance. Contractor shall maintain the following insurance coverage, with the City as an additional named insured, and provide a Ce11ificate of Insurance and Additional Insured Endorsement consistent with the following req ui rem en ts: (a) Workers' Compensation: Statutory coverage as required by the State of California. (b) Liability: Commercial general liability coverage in the following minimum limits : Pa ge I of 3 EPS for Oak s 92 12, 4-5-16 Bodily Injury: $500,000 each occurrence ; $1 ,000 ,000 aggregate -all other Property Damage: $100,000 each occurrence ; $250 ,000 aggregate If submitted , combined single limit po licy with aggregate limits in the amounts of $1 ,000 ,000 will be considered equivalent to the required minimum limits shown above . (c) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury : $500,000 each occurrence Prope1ty Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occu1Tence (d) Professional Liability: Contractors in regulated professions shall maintain professional liability insurance which includes coverage for the professional acts , errors and omissions of Contractor in the amount of at least $1 ,000,000 . 5. Subrogation Waiver . Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recove1y. Contractor hereb y grants to City , on behalf of any insurer providing comprehensive general and automotive liabilit y insurance to either Contractor or City with respect to the services of Contractor herein , a wai ver of any right to subrogation which any such insurer of said Contractor ma y acquire against City by virtue of the payment of any los s under such insurance. 6. Termination of Agreement. In the event Contractor fails or refuses to perform any of the pro visions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If Contractor fails to cure the default within the time specified and according to the requirements set fo1th in City 's written notice of default , and in addition to any other remedy available to the City by law , the City Manager may terminate the Agreement by giving Contractor written notice thereof, which shall be effective immediately . The City Manager shall also have the option , at its sole discretion and without cause , of terminating this Agreement by giving seven (7) calendar days' prior written notice to Contractor as provided herein . Upon receipt of any notice of termination , Contractor shall immediately discontinue performance . 7. Non-Discrimination. Contractor shall not discriminate against a job applicant , employee, City employee , or a citizen on the basis of race , color, national origin , ancest1y , religion , gender, sexual orientation or other protected class of such person. 8. Interest of Contractor. lt is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned . At all times , Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor ce1tifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be perfo1med . Neve1theles s, City may , at any time , observe the manner in which such services are being performed by the contractor. Contractor shall comply with all applicable Federal , State, and local laws and ordinances including , but not limited to , unemplo yment insurance benefit s, FICA laws, and the City business license ordinance . 9. Permits and Licenses. Contractor, at his /her own expense , shall obtain and maintain during the term of this Agreement , all appropriate pennits , licenses , and ce1tificates including but not limited to a City business license, that may be required in connection with the performance of services under this Agreement . 10 . Reports and Records. Each and every report , draft , work product , map , record and other document , hereinafter collectively referred to as "Report", reproduced , prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement , shall be the exclusive prope1ty of City. Contractor shall not copyright any Repo1t required by this Agreement and shall execute appropriate documents to assign to City the copyright to Repo1ts created pursuant to thi s Agreement. An y Repo1t , information and data acquired or required by this Agreement shall become the prope1ty of City , and all publication rights are reserved to City. Contractor may retain a copy of any report furnished to the City pursuant to this Agreement. Page 2 of3 EP S fo r Oak s 92 12. 4-5-16 Contractor shall maintain comp lete and accurate records with respect to sa les , costs , expenses , receipts and other suc h information required by C it y that relate to the performance of services under this Agreement , in suffic ient detail to permit an evaluation of serv ice s. Al l such records shall be maintained in accordance with ge nerall y accepted accounting principles and shal l be clear ly id entified and readily accessible. Contractor shall provide free access to such books and records to the repr esentatives of City or its designees at a l I proper ti mes, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to a ll ow inspection of all work , data , documents, proceedings and act ivities related to this Agreement. Such records , together with suppo1ting documents, shall be kept separate from other documents and records and sha ll be maintained for a period of three (3) years after Contractor receives final payment from City for a ll services required under this agreement . 11. Changes. No changes or varia'tions of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY sha ll be: Catar in a Kidd , Senior Planner, Community Development In witness th ereof, the parties have executed this Ag reement the day and year first written above. CONTRACTOR' 4 ~ By:_~,-----,--'?"<"'"--___,,_--,----~ Title: Mo..t\.~,Cp ?r ~"::..c:...'.p ~ Tax I.D:. CITY OF CUPERTINO: ~ By: __ -=--=-.,------,....---------- Title: __ Si_'e:N~~l o~(L-~f~LAN~~~N=fil.~--- EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT I 00-71-702 700-702 $3000.00 PO 2016-507 Page 3 of3 EP S fo r Oa ks 92 12. 4-5-1 6 Attachment A Scope of Work Attachment A Scope of Work Apr il 5, 201 6 Fiscal Analysis of Oaks Initiative This Scope of Work is designed to provide the City of Cupertino (City) with a reliable fiscal impact analysis of the Oaks initiative. It is understood that the City is conducting a 9212 study and is seeking technical support to determine fiscal effects. EPS will conduct technical analysis consistent with City guidance and present findings in a technical memorandum . Task Descriptions The following outlines the proposed work process. Task 1: Fiscal Impact Analysis EPS will rely on the e x isting fiscal model to evaluate the ongoing fiscal impact of a General Plan - consistent development program at buildout. As previously, EPS will use City budget data and to estimate public service costs. The analysis also will consider revenues attributable to the development program that accrue to the City's General Fund, including property ta x , sales ta x , transient occupancy ta x , and other sources, as appropriate for each land use. Based on estimates of General Fund costs and revenues attributable to the program, EPS will estimate the net annual fiscal impact on the City General Fund at buildout. Task 2: Technical Memoranda EPS will synthesize the fiscal analysis, including the General Plan-consistent programs and prior analysis of the proposed project, in a brief memorandum that offers a summary of key findings . Although EPS will provide a unique, program-specific analysis as part of this effort, the analysis will mirror prior fiscal analysis of the Oaks project. EPS will first deliver to the City a draft memorandum . Based on one round of consolidated comments from City staff, EPS will revise the draft and issue a final memorandum. Proposed Staffing and Budget EPS can complete the proposed Scope of Work described above for a not-to-ex ceed budget amount of $3,000. Detailed hours and billing rates are shown in Table 1 below. The budget estimate covers all costs associated with the tasks and materials. Additional tasks, including meetings and presentations if requested by the client, will be billed on a time-and -materials basis at our standard hourly rates, upon approval. Charges for EPS time are based on the amount of time actually spent. Expenses for data, report production, and other project related items are billed at cost. Invoices are submitted monthly and are payable upon receipt. Eco nomic & Planning Sys t em s, Inc. 1 M:\Proposals\161000\16 1053 Oaks 9212\161053 Oaks 9212 rev.docx Table 1 Budget Estimate for Fiscal Analysis of Oaks Initiative Task/ EPS Staff Staff Cost Description PIC EVP Associate Subtotal Fiscal Analysis 0 2 4 $1,050 Deliverables 2 4 3 $1 ,880 Billing Rates * $265 $225 $150 Total Project Costs $2,930 * Billing rate s shown are applicable during 2016 and are subject to change annually . Attachment A Scope of Work April 5 , 2 016 Direct Total Cost Cost $0 $1 ,050 $70 $1,950 $70 $3,000 Economic & Planning Systems, Inc. 2 M:\Proposals \161000 \161053 Oaks 9212\161053 Oaks 9212 rev.docx Attachment B 2016 HOURLY BILLING RATES Oakland and Los Angeles Offices Managing Principal $265-$300 Senior Principal $300 Executive/Senior Vice President $225 Vice President $205 Senior Technical Associate $205 Senior Associate $190 Associate $150 Research Analyst II $125 Research Analyst I $90 Production and Administrative Staff $90 Billing rates updated annually.