16-066 Seifel Consulting, Inc., Consulting Services in Preparation of 9212 Report on the Proposed Initiative "The Oaks Shopping Center"AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
SEIFEL CONSULTING, INC. FOR CONSULTING SERVICES IN
PREPARATION OF 9212 REPORT ON THE PROPOSED INITIATIVE FOR
THE OAKS SHOPPING CENTER
THIS AGREEMENT, for reference dated this I ~ day of tna{t h 2016, by and
between the CITY OF CUPERTINO, a California municipal corporation ("City 11
), and
SEIPEL CONSULTING, INC., a California Corporation whose address is 580 California
Street, 12th Floor, San Francisco, CA 94104 (hereinafter referred to as "Consultant")
(collectively referred to as the "Parties").
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now being
conducted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perfonn the
special services which will be required by this Agreement.
C. Consultant possesses the skill, experience , ability, background, certification
and knowledge to provide the services described in this Agreement on the te1ms and
conditions described herein.
D. City and Consultant desire to enter into an agreement for the preparation of
the 9212 report on the proposed Initiative titled by the proponents , "Citizens Initiati ve to
Revitalize the Oaks Shopping Center" (Oaks Initiative) upon the terms and conditions
herein .
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The term of this Agreement the parties agree commenced upon Council
authorization of the 9212 Report for the Oaks Initiative on March 1, 2016 and shall
terminate on March 1, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in Exhibit "A" pursuant
to the schedule of perfonnance identified in Exhibit "A", attached hereto and incorporated
herein by reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in a total amount not to exceed Twenty Two Thousand Five Hundred dollars
($22500.00) for Tasks 1 and 2 , and based on the rates and terms set forth in Exhibit "A."
All invoices shall detail amount billed and amount remaining on the contract. Any
addi tional work and contingency must be agreed upon in writing before commencing
services, and is subject to appropriation.
Pa ge 1 of12
4. STANDARD OF CARE
Consultant agrees to perfonn all services required by this Agreement in a manner
commensurate with the prevailing standards of specially trained professionals in the San
Francisco Bay Area and agrees that all services shall be perfonned by qualified and
experienced personnel who are not employed by the City nor have any contractual
relationship with City.
5. INDEPENDENT PARTIES
City and Consultant intend that the relationship between them created by this
Agreement is that of an independent contractor. The manner and means of conducting the
work are under the control of Consultant, except to the extent they are limited by statute,
rule or regulation and the express terms of this Agreement. No civil service status or other
right of employment will be acquired by virtue of Consultant's services. None of the
benefits provided by City to its employees, including but not limited to, unemployment
insurance, workers' compensation plans, vacation and sick leave are available from City to
Consultant, its employees or agents. Deductions shall not be made for any state or federal
taxes, FICA payments, PERS payments, or other purposes nonnally associated with an
employer-employee relationship from any fees due Consultant. Payments of the above
items, if required, are the responsibility of Consultant.
6. IMMIGRATION REFORM AND CONTROL ACT (IRCA)
Consultant assumes any and all responsibility for verifying the identity and
employment . authorization of all of his /her employees perfo1ming work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant
shall indemnify and hold City hannless from and against any loss , damage, liability, costs
or expenses aiising from any noncompliance of this provision by Consultant.
7. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination,
Consultant agrees that it shall not hai·ass or discriminate against a job applicant, a City
employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis
of race, religious creed, color, national origin, ancestry, handicap, disability, marital status,
pregnancy, sex, age, sexual orientation, or any other protected class. Consultant agrees that
any and all violations of this provision shall constitute a material breach of this Agreement.
8. HOLD HARMLESS
Consultant shall, to the fullest extent allowed by law and without limitation of the
provisions of this Agreement related to insurance, with respect to all services performed in
connection with the Agreement, indemnify, defend, and hold harmless the City and its
officers, officials, agents, employees and volunteers from and against any and all liability,
claims , actions , causes of action or demands whatsoever against ai1y of them, including
any injury to or death of any person or damage to property or other liability of any nahrre,
Page 2of12
whether physical, emotional, consequential or otherwise, arising out, pe1taining to, or
related to the performance of this Agreement by Consultant or Consultant's employees,
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.
9. INSURANCE:
A General Requirements. On or before the commencement of the term of this
Agreement, Consultant shall furnish City with ce1tificates showing the type, amount, class
of operations covered, effective dates and dates of expiration of insurance coverage in
compliance with the requirements listed in Exhibit "B". Such certificates, which do not
limit Consultant's indemnification, shall also contain substantially the following statement:
"Should any of the above insurance covered by this certificate be canceled or coverage
reduced before the expiration date thereof, the insurer affording coverage shall provide
thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention:
City Manager." Consultant shall maintain in force at all times during the performance of
this Agreement all appropriate coverage of insurance required by this Agreement with an
insurance company that is acceptable to City and licensed to do insurance business in the
State of California. Endorsements naming the City as additional insured shall be submitted
with the insurance certificates.
B. Subrogation Waiver. Consultant agrees that in the event ofloss due to any
of the perils for which he/she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing comprehensive general
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right to subrogation which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
msurance.
C. Failure to secure or maintain insm·ance. If Consultant at any time during the
term hereof should fail to secure or maintain the foregoing insurance, City shall be
permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant
and shall be compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is received that
the premiums have not been paid.
D. Additional Insured. City, its City Com1cil, boards and commissions,
officers, employees and volunteers shall be named as an additional insured under all
insurance coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if not named as such additional ·
insured. An additional insured named herein shall not be held liable for any premium,
deductible portion of any loss, or expense of any nature on this policy or any extension
thereof. Any other insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the insurance provided by this
policy.
E. Sufficiency of Insurance. The insurance limits required · by City are not
Page 3 of12
represented as being sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to detennine adequate coverage for Consultant.
F. Maximmn Coverage and Limits. It shall be a requirement under this
Agreement that any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements and/or limits shall be available to the additional
insured City. Furthennore, the requirements for coverage and limits shall be the minimum
coverage and limits specified in this Agreement, or the broader coverage and maximum
limits of coverage of any insurance policy or proceeds available to the named insured,
whichever is greater.
10. CONFLICT OF INTEREST
Consultant warrants that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, that would conflict in any way with the
performance of this Agreement, and that it will not employ any person having such an
interest. Consultant agrees to advise City immediately if any conflict arises and
understands that it may be required to fill out a conflict of interest form if the services
provided under this Agreement require Consultant to make certain governmental decisions
or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California
Code of Regulations.
11. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City 1mder this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of such
assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50%) or more
of the voting power of the corporation.
12. SUBCONTRACTOR APPROVAL
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in
the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
Consultant agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
Page 4 of 12
requirements to the extent they apply to the scope of the subcontractor's work.
Subcontractors hired by Consultant agree to be bound to Consultant and City in the same
manner and to the same extent as Consultant is bound to City under this Agreement.
Subcontractor further agrees to include these same provisions with any sub-subcontractor.
A copy of the Owner Contract Document Indemnity and Insurance provisions will be
furnished to the subcontractor upon request. Consultant shall require all subcontractors to
provide a valid certificate of insurance and the required endorsements included in the
agreement prior to commencement of any work and will provide proof of compliance to
City.
13. PERMITS AND LICENSES
Consultant, at his /her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not limited
to, a City Business License, that may be required in connection with the performance of
services hereunder.
14. REPORTS
A. 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 Consultant pursuant to or in connection with this Agreement, shall be the
exclusive property of City, with the exception of previously developed propriety models .
Consultant shall not copyright any Report required by this Agreement and shall execute
appropriate documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, infonnation and data acquired or required by this Agreement
shall become the prope11y of City, and all publication rights are reserved to City.
Consultant may retain a copy of any report fumished to the City pursuant to this ·
Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of: (1) The original Project for which Consultant was hired; (2)
Completion of the original Project by others; (3) Subsequent additions to the original
project; and/or (4) Other City projects as City deems appropriate.
C. Consultant shall, at such time and in such form as City may require, furnish
rep011s concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report , information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
15. RECORDS
Consultant shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement, in sufficient detail to permit an evaluation
of services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to such books and records to the representatives of City or its
Page 5 of l2
designees at all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work, data,
documents, proceedings and activities related to this Agreement. Such records, together
with supporting documents, shall be kept separate from other documents and records and
shall be maintained for a period of three (3) years after Consultant receives final payment
from City for all services required under this agreement.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records , and the City's supplemental
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith, then Consultant
shall reimburse City for all reasonable costs and expenses associated with the supplemental
examination or audit.
16. NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code
and Agreement will terminate without any penalty (a) at the end of any fiscal. year in the
event that funds are not appropriated for the following fiscal year, or (b) at any time within
a fiscal year in the event that funds are only appropriated for a portion of the fiscal year
and funds for this Agreement are no longer available. This Section shall take precedence
in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
17. ENVIRONMENTALLY PREFERABLE PURCHASING
Consultant shall comply with the City's Environmentally Preferable Procurement
Policy whenever practicable in completing any work under this agreement, including but
not limited to:
• Using paper products made with recycled content and recycled/remanufactured
toner and ink jet cartridges; ·
• Printing with soy or low v olatile organic compounds (VOC) inks;
• Using energy-star compliant equipment;
• Using cleansers and working with janitorial contractors to meet Green Seal's
Industrial and Institutional Cleaners Standard; and
• Ordering supplies electronically and practicing other internal waste reduction
and reuse protocols.
18. NOTICES
All notices , demands, requests or approvals to be given under this Agreement shall
be given in writing and conclusively shall be deemed served when delivered personally or
on the second business day after the deposit thereof in the United States Mail , postage
prepaid, regi stered or certified, addressed as hereinafter provided.
All notices , demands , requests, or approvals shall be addressed as follows:
TO CITY:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: David Brandt, City Manager
Page 6 of12
TO CONSULTANT:
Elizabeth (Libby) Seifel
Seifel Consulting, Inc .
580 California Street, 12th Floor
San Francisco, CA 94104
19. TERMINATION
In the event Consultant fails or refuses to perfonn any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the perfom1ance of this Agreement. If Consultant fails to cure the default within the time
specified and according to the requirements set forth 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 Consultant 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 Consultant as provided herein. Upon receipt of any notice of termination,
Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily performed up to the effective
date of termination. If the tennination is for cause, City may deduct from such payment the
amount of actual damage, if any, sustained by City due to Consultant's failure to perform
its material obligations under this Agreement. Upon termination, Consultant shall
immediately deliver to the City any and all copies of studies, sketches, drawings,
computations, and other material or products , whether or not completed, prepared by
Consultant or given to Consultant, in connection with this Agreement. Such materials shall
become the property of City.
20. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rules ,
policies and regulations enacted or issued by City.
21. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of
another jurisdiction. The Agreement and obligations of the parties are subject to all valid
laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities). Any suits brought pursuant to this
Agreement shall be filed with the Superior Court of the County of Santa Clara, State of
California.
22. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited ,
displayed any signs , advertising , show bills , lithographs , posters or cards of any kind
pertaining to the services performed under thi s Agreement unless prior written approval
has been secured from City to do otherwise.
Page 7of 12
23. WAIVER
Awai ver by City of any breach of any tenn, covenant, or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein, whether of the same or a different character.
24. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant
shall be held to vary the provisions hereof. Any modification of this Agreement will be
effective only by written execution signed by both City and Consultant.
25. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
26. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such insertion
on application by either party.
27. CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
All unchecked boxes do not apply to this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Elizabeth (Libby) Seifel
By
Title
Date
~~""'"'-'~---'-~---~-
Pa ge 8 of 12
CITY OF CUPERTINO
A Municipal Corporation
R 60¥MENDED FOR APPROVAL
; )J !---
David Brandt, City Manager
Exhibit
A: Scope of Work/Schedule/Compensation
B: Insurance Requirements
I /JD -~l -~ 2-
Page 9 of12
tevenson Hom, City Attorney
ATTEST:
Exhibit A
Scope of Services/Schedule of Performance/Compensation
10
Seif el
COflSULTING INC .
April 2016
Randolph Stevenson Hom, City Attorney
Colleen Winchester, Assistant City Attorney
City of Cupertino
20410 Town Center Lane
Suite 210
Cupertino, CA 95014
RE: Proposal to Prepare 9212 Report
Dear Mr. Hom and Ms. Winchester,
Seifel Consulting appreciates the opportunity to submit this proposal to work with Shute, Mihaly &
Weinberger and the City of Cupertino to prepare the 9212 Report on the proposed Initiative "Citizens
Initiative to Revitalize the Oaks .Shopping Center." Having recently completed the 9212 report for the
proposed "Cupertino Citizens' Sensible Growth Initiative," we appreciate this opportunity to work with
the City of Cupertino again
For more than 25 years, Seifel has performed fiscal and economic impact analyses for numerous
California cities and counties. Our fiscal analyses model the effects of policy decisions on public budgets,
through projection of municipal revenues, operating expenses and capital costs that can be expected from
proposed policy or development. Seifel recently provided funding strategy advisory to the City of
Cupertino on the proposed Civic Center improvements, evaluating and recommending potential funding
sources, projecting fiscal revenues and evaluating the impact of additional debt service on the City's
General Fund.
The enclosed proposal includes a work program, schedule and overview of compensation for a proposed
work effort based on our discussions and our initial understanding of the work to be performed. Please do
not hesitate to call with any questions or suggested modifications to the scope to better suit your needs.
Sincerely,
580 California Street 12th Floor San Francisco CA 94104 415-618-0700 www.seifel.com
A. Proposed Work Program
At the direction of the City of Cupertino, Seifel Consulting Inc. (Seifel) will work with the lead City
contact and City staff to perform consulting services regarding the proposed Initiative "Citizens Initiative
to Revitalize the Oaks Shopping Center,'' hereafter referred to as the "Initiative."
When a proposed Initiative is circulated for the ballot, Section 9212 of the California Elections Code
allows the City Council to request a report regarding potential impacts of the Initiative. We understand
that on February 9, 2016, the Cupertino City Clerk received a Notice of Intent to Circulate Petition, as
well a copy of the Initiative. The Cupertino City Council requested City staff and consultants to prepare
an analysis of the Initiative and to specifically address the Initiative's potential impacts on land use in the
City of Cupertino, potential fiscal impacts, and possible legal issues associated with the Initiative's
language and implementation.
Seifel will work with the lead City contact, City staff and other teclmical consultants to prepare the 9212
Report on the Initiative. The lead City contact, City staff and Seifel will mutually determine the content of
and approach to the analysis as part of Task 1, at the beginning of this work effort. Based on initial
discussions with the lead City contact, Seifel 's scope of services is expected to include the following
tasks .
Task 1. Data Gathering and Technical Approach Refinement (Budget of $5,000)
Seifel will meet with the lead City contact and City staff in person and through conference calls to review
the proposed Initiative and discuss how the analysis for the 9212 Repo1t can be most efficiently and cost
effectively implemented. Together we will:
• Review the language of the proposed Initiative and gather relevant data that has been compiled to
date by the lead City contact and City staff with respect to the Initiative, alternative land use
scenarios under the General Plan and with the Initiative, City budgetary and other fiscal data, and
any other relevant data that would be useful to the analysis of the Initiative .
• Help facilitate an initial conference call with the lead City contact to discuss the Initiative's
potential impacts on the City, with a particular emphasis on the General Plan and Housing
Element impacts, provision of affordable housing, fiscal impact, economic impact, and other
related issues .
• Conduct a conference call with the lead City contact, City staff and technical consultants to
further discuss the Initiative 's potential impacts and to identify key data sources and approaches
to the technical analysis .
• Discuss and decide on the approach to all of the analyses that will be performed, which will
include a clear and complete definition of each potential land use alternative to be evaluated . The
lead City contact will provide an outline of the agreed upon approach (Approach Outline) that
includes a complete description of the land use alternatives and further clarification or updates to
critical data that should be relied upon for the analysis.
• As specific work tasks are defined , determine how each work task can best be accomplished ,
allocate responsibilities to assure the timely and efficient completion of each step , and determine
a timeline for completion of each task.
• Establish a schedule for the assembly of info1mation and the preparation of deliverables .
• Page 2
Task 2. Preparation of Analysis and the Section 9212 Report (Budget of $17,500}
Seifel will work with the lead City contact, City staff and consultants to assist in preparing the Section
9212 Report on the proposed Initiative that addresses the following issues in Section 9212, as well as the
City Council objectives. Based on our initial understanding of what is needed, the following analyses
would be prepared by the lead City contact and City staff, Seifel and the technical consultants:
• The Initiative's fiscal impact, which will build upon the initial fiscal analysis performed in early
2016 by BPS on The Oaks General Plan Amendment Application, with updates as necessary.
• The Initiative's effect on land use policies and programs including internal consistency of the
City's General Plan and Specific Plans, including the Housing Element, and the consistency
between the Planning and Zoning Codes, as well as other relevant issues.
• The hiitiative's effect on the use ofland and impacts on developed areas designated for
revitalization and intensification, as well as vacant and tmderutilized parcels.
• The Initiative's impact on the availability and location of housing, particularly below market rate
housing, and the ability of the City to meet its regional housing needs .
• The Initiative's impact on the community's ability to attract and retain business and employment.
• The Initiative's impact on funding for infrastructure of all types, including transportation,
schools , parks, and open space. (The report may also discuss whether the measure would be likely
to result in increased infrastructure costs or savings including the costs of infrastructure
maintenance, to current residents and businesses.)
• Legal issues related to the Initiative.
• Other matters or issues the City Council requests to be considered.
The above analyses would be performed for the following land use alternatives, based on the change in
allowable citywide buildout (by land use) as well as the incremental growth in new development that
would be allowed in the Heart of the City Special Area based on what is allowable at The Oaks:1
1. General Plan Without Initiative (based on Table LU-1 and the adopted General Plan)
2. General Plan With Initiative (based on the proposed Initiative language)
In order to most efficiently and cost effectively approach the analysis of the Initiative, some analyses will
not include a quantitative analysis but will more generally describe the impacts in such a way that the
voters can understand and evaluate the potential impacts. The technical analyses that will include
quantitative analysis will be the fiscal and infrastructure impacts , as well as traffic impacts potentially.
For the fiscal impact portion of the analysis, the basic scope of services assumes that the project specific
fiscal impact analysis, which evaluates the impact from The Oaks development itself~ will be based on the
fiscal impact analysis performed by BPS on the proposed project in early 2016, updated as needed. (As
needed and directed by the lead City contact, BPS will update the analysis and prepare summary text that
will be used in the body of the report.) The portion of the fiscal impact that evaluates changes in ·
1 111is proposal assumes th at these would be the two main alternatives to b e eva luated , but potential v ar iatio ns to these
altern ati ves m ay be detennined during the approach stage.
• Page 3
allowable development citywide with the Initiative, which is a primaty focus for the 9212 report, will
solely consist of a qualitative analysis of citywide fiscal impacts, informed by the EPS analysis.
For the infrastructure analysis, the basic scope of services assumes that all quantitative analysis related to
funding for infrastructure of all types, including schools, transportation, transportation, schools , parks,
and open space, will be prepared by team consultants (other than Seifel). We understand that the City is
separately contracting with Schoolhouse Services to perform an impact analysis on local school districts,
and the findings from this analysis will be incorporated into the infrastructure analysis as appropriate, and
we assume that DJP A will provide all of the other quantitative analysis.
Report Preparation
Seifel will take the lead in assembling the 9212 report based on relevant data and analysis provided by the
lead City contact, City staff and other technical consultants. (Any detailed legal analysis prepared by the
City and technical reports performed by the technical consultants will be included as an appendix to the
report .) Based on our initial understanding of the impact analysis, the report will likely contain the
following sections:
• Introduction explaining the purpose of the report and report organization.
• Scope and overview of the analysis , which will summarize and refer to a legal analysis to be
included as an appendix.
• Description of the Initiative .
• Background for analysis , including a summary of relevant land use, housing and revitalization
policies and programs.
• Planning, housing and land use impacts , including the availability of land for commercial
development and housing, and how the Initiative will impact the City 's ability to meet its regional
fair share housing needs and affordable housing needs. This section will also include an estimate,
based on information provided by City staff and City and/or County Election officials, of the
costs of holding future elections on any General Plan amendments that would require voter
approval under the Initiative.
• Fiscal impacts, such as the potential costs of administering the Initiative as well as impacts on
community infrastructure and the City 's fiscal ability to implement programs .
• Infrastructure impacts, such as the potential net difference in funding for infrastructure of all
types, including schools, transportation, parks, and open space.
• Economic impacts, including the ability to attract and retain local businesses , jobs and workforce.
Conference Call Participation
Seifel will participate in up to four conference calls to coordinate with the project team regarding the
report preparation.
Role of Lead City Contact and City Staff
City will designate a City lead contact who will serve as the project manager for this work effort. Seifel
will work closely with the lead City contact who will be responsible for the assembly of materials,
scheduling meetings and directing the work effort. The lead City contact will be designated as the key
point person to provide direction on the focus of the analysis , assure information is provided to us in a
• Page 4
timely mall1.er and manage the overall project schedule and time frame for the preparation of draft
documents.
In order to meet the timeline for the preparation of the 9212 Report, the lead City contact and City staff
will need to:
• Promptly provide any reports, documents, studies, plans, and other information relevant to the
analysis of the proposed Initiative and make sure that all key information is provided no later than
26 days before the final Report is due.
• Coordinate with various City departments to obtain relevant data and analyses.
• Coordinate the technical consultants and work with them to determine how to most efficiently
gather and share technical data and results, and assure that the analyses are not duplicative and
complement one another.
• Schedule and conduct team meetings, including kick-off meeting, regular team meetings, and
conference calls.
• Respond quickly to data and analysis inquiries from Seifel.
• Coordinate review of the draft report by the lead City contact and City staff, consolidating City
staff edits and/or comments into one document for delivery to Seifel.
• Prepare for and conduct the City Council presentation on the 9212 report.
Task 3. Additional Services
Tasks 1 and 2 represent the basic scope of services given our initial understanding of our role and tasks to
be performed for this assignment. Based on our experience with similar assignments, additional services
may be needed, which will be determined as work progresses. We will provide additional services upon
Client approval, which may include, but are not limited to:
• Prepare additional analyses as the result of a change in the approach or any of the information
provided in the Approach Outline.
• Participate in conference calls or meetings with the technical consultants (beyond those described
in Tasks 1 and 2) regarding the technical analyses that will be performed.
• Prepare summaries of analyses or substantially edit summaries performed by other technical
consultants for inclusion in the draft and final 9212 Report (The basic budget assumes that
summaries from City contacts and City staff can be used as written with minimal changes.)
• Prepare a quantitative :fiscal impact analysis, which will include a projection and comparison of
both fiscal revenues and fiscal costs for the proposed alternatives. (Given the nature of this
initiative, this additional citywide fiscal impact analysis could be very helpful.)
• Attend or teleconference into meetings with City staff and legal counsel to review the proposed
Initiative analysis by the technical consultants.
• Make public presentations and/or attend City Council meetings .
• Prepare additional drafts of the 9212 Report.
• Provide additional technical analyses or advisory services, as mutually agreed upon.
Page 5
B. Data Sources
The lead City contact, City staff and other technical consultants will be critical resources for data , and we
assume that all relevant data will be provided promptly to facilitate the Initiative analysis. Based on our
initial discussions with the lead City contact and City staff, the following data sources will be critical
resources for the analysis, and this proposal assumes that we can rely on the information presented in
these documents, unless the lead City contact or City staff indicate what information cannot be relied
upon as part of the Approach Outline prepared as part of Task 1.
• General Plan Amendment resources: http://www.cupertinogpa.org
• General Plan Amendment documents: http://www.cupertinogpa.org/app folders /view/1
• Housing Element Technical Report, which contains relevant information on housing conditions,
below market rate housing, public facility and school enrollment impacts from new housing:
http://www.cupertinogpa.org/files/managed/Document/343 /Web DraftGP A AttachB HousingB
ackground.pdf; and
• Other existing sources identified by the lead City contact or City staff as part of Task 1.
C. Work Products
The initial work product will be a summary executive summary, accompanied by summary land use
tables that compare General Plan build out without and with the Initiative. The second work product will
be the administrative draft 9212 report followed by the draft report. (The basic scope of services assumes
that only two drafts will be prepared, and all City staff comments will be provided as consolidated edits in
track changes.) The final work product will be the final 9212 report to be submitted to the City Council.
D. Schedule for Completion
The schedule for completion will be established as part of Task 1. Seifel will present a summary outline
of our initial findings, including relevant analysis tables, to the lead City contact and City staff in May
2016. Based on feedback from this initial analysis , we will refme this analysis and prepare the
administrative draft report , which we anticipate submitting to the lead City contact and City staff during
June 2016. Based on these comments, we will prepare the final 9212 report.
E. Overview of Compensation
Based on our initial understanding of the scope of work, Seifel will bill on a time and materials basis up
to a basic budget of $22,500 for Tasks 1-2, assuming that the approach to the analysis is similar to what is
described above. As we further defme the work scope, data needs and analysis, we may refine this budget
estimate further. If additional services beyond those outlined in Tasks 1-2 are required, these services and
associated budget must be agreed upon in writing with the City before commencing services. (Please see
Exhibit A for more detail on billing rates and expenses.)
• Page 6
Exhibit A. Compensation and General Contract Provisions
Billing Rates
Seifel Consulting Inc. bills on a time and materials basis, using the following rates for FY 2015/16.
Billing rates are subject to annual revision.
FY 2015/16 Hourly Rates (Time)
President
Senior Managing Consultant
Managing Consultant
Senior Consultant
Consultant
Analyst
Research Analyst
Technical Staff
Administrative Support
$250
$195
$175
$145
$125
$115
$105
$105
$80
Testimony as expert witness at court trials, administrative hearings, and depositions will be billed at
200% of the above rates. Expedited work at client's request will be billed at 150% time (Rush Fee).
Expenses (Materials)
Seifel Consulting Inc. bills expenses as follows:
• In order to lessen time-consuming paperwork and processing costs, a 2% overhead charge will be
added to each invoice to cover a portion ofreimbursable expenses, including phone charges, in-house
photocopying/printing, delivery charges and miscellaneous other charges under $25. Other costs as
itemized below, which differ significantly by client will continue to be billed separately.
• Photocopying/report reproduction charges with a combined total exceeding $25 per month will be
billed at 10 cents per black & white single-sided letter page (20 cents for a ledger-sized page) and one
dollar per color single-sided letter page (two dollars for a ledger-sized page), except for bulk
reproduction of repotts, which is charged on a direct reimbursable basis.
• Delivery service charges above $25 per month will be billed at cost.
• Travel costs will be billed on a direct reimbursable basis. Automobile mileage charges will be billed
based on the Internal Revenue Service Optional Standard Mileage Rate. Other travel and per diem
expenses, including airfare, automobile rental and hotel (if necessary) are charged at actual cost.
• Interest on all outstanding invoices that are past 30 days will be calculated based on a 10% yearly rate
or a daily rate of .0274%.
• Page 7
Exhibit B
Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City named as
additional insured.
Consultant shall maintain the following minimum insurance coverage:
A. COVERAGE:
D
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
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 policy with aggregate limits in the amounts
of $1,000,000 will be considered equivalent to the required minimum limits
shown above.
(3) Automotive:
(4)
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
Professional Liability
Professional liability insurance which includes coverage for the professional acts, errors
and omissions of Consultant in the amount of at least $1,000,000.
11