Loading...
14-186 Strategic Economics Inc., Consultant Services for Economic Development Strategic PlanFebruary 4, 2015 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org Strategic Economics, Inc. 2991 Shattuck Avenue, Suite 203 Berkeley, CA 94501 Re: Agreement Enclosed is a fully executed copy of your agreement with the City of Cupertino. If you have any questions or need additional information, please contact the City Manager's Office at (408) 777-3212. Sincerely, Dorothy Steenfott Senior Office Assistant cc: City Manager's Office Enclosure AGREEMENT BETWEEN THE CITY OF CUPERTINO AND STRATEGIC DEVELOPMENT STRATEGIC PLANp• V- s THIS AGREEMENT, for reference dated December22, 2014 is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Strategic Economics, Inc., a California corporation whose address is 2991 Shattuck Avenue, Suite 203, Berkeley, CA 94501 (hereinafter referred to as "Consultant"), and is made with reference to the following: 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 perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on January 5, 2015, and shall terminate on completion, unless terminated earlier as set`tTorth-herein. — 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit `B" which is attached hereto and incorporated herein by this reference, but not to exceed $95,000, including all core tasks, and those optional tasks as authorized in writing by City staff. Optional tasks shall be authorized prior to performance. Payment shall be made by checks drawn on the treasury of the City, to be taken from the General Fund, Economic Development Division account. Payment will be made by the City in the following manner: On the first day of each month, Consultant shall submit a written estimate of the total amount of work done the previous month. Payment shall be made for 90% of the value of the work. The City shall retain 10% of the value of the work as partial security for the completion of the work by Consultant. Retained amounts shall be paid to Consultant within 30 days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Consultant on retained funds. 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer -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 normally 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 performing work hereunder, pursuant to all applicable IBCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 7. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward 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, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. HOLD HARMLESS: Indemnification: Consultant shall, to the fullest extent allowed by law, 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 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 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. 9. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 9A, B, C, D and E. 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." It is agreed that 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. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Li ili 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: 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 (4) 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. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss 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 insurance. C. FAILURE TO SECURE: 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 Council, 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 represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 10. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant 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 under 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. 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. 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, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished 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 appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports 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. Consultant shall maintain adequate records of services provided 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 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 receipt of final payment. 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. 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, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Angela Tsui, Economic Development Manager All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Strategic Economics, Inc. 2991 Shattuck Avenue, Suite 203 Berkeley, CA 94501 Attention: Sujata Srivastava 17. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 18. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 19. 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 courts of the County of Santa Clara, State of California. 20. 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 this Agreement unless prior written approval has been secured from City to do otherwise. 21. WAIVER: A waiver by City of any breach of any term, 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. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, 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. 22. 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. 23. CAPTIONS: 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. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT ate is Economics Inc. Sujata Srivastava or Dena Belzer Title: Principal r r Date_/� �- %';-b I Lf CITY OF CUPERTINO A Municipal Corporation By: Angela Tsui Title: Economic Development Manager Date I /� ;/I 5 RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: Attorney ATTEST: C'W'9" City Clerk -�_--3 .—I -' m - /-X" />-J"- Exhibit "A" For this assignment, the Strategic Economics Team proposes the following general scope of work, though it is anticipated the scope will be refined in collaboration with city staff. Task 1: Kick -Off Meeting and Site Tour The Strategic Economics Team (The SE Team) will participate in a kick-off meeting with city staff to gather or request background information, discuss project goals and community involvement strategies, and review the scope, schedule, and deliverables. The Economic Development Committee may also be integrated into the kick-off meeting, depending on the City Staff's preference. Members of The SE Team will tour the city with Economic Development and other project staff, with special focus opportunity sites and the key areas identified in the General Plan Amendment for intensification or new commercial development. Task 2: Citywide Demographic and Economic Analysis The SE Team will review relevant background materials and supplement it with additional quantitative and qualitative analysis on employment trends and forecasts by industry, size of businesses, and market segmentation for commercial development. The sub -tasks are described as follows: 2.1: Review of Existing Data and Background Materials — The SE Team will review the recent economic and market studies conducted for the GPA, including the Market Study and Retail Strategy Report, as well as other existing data to understand the city's demographic and socioeconomic trends, labor force characteristics, sales tax revenues, overall employment patterns, and projected growth. 2.2: Targeted Employment and Industry Data Analysis — While the previous economic analysis for the GPA provides an overview of economic activity in Cupertino, there is a need to gain a more nuanced understanding of the types of industries and businesses that are successful, have potential for growth, or require additional support from the city. The SE Team will analyze historic employment, industry, and business trends by examining local and regional Silicon Valley trends using a combination of California Employment Development Data, County Business Patterns, Linkedln data, and city business license data (if available). Business establishments by size and by industry will also be examined, and results will be compared to national trends. If the data is available, the SE Team will also evaluate start-ups and entrepreneurial activity in the city (possibly using business license data or Linkedln). These analyses will identify the city's strengths beyond the two -digit NAICS code level to have a more fine-grained understanding of the types of businesses that drive the regional economy (e.g., computer software and hardware), those that support the regional economy (e.g., professional and business services), and those that serve local residents (e.g., convenience retail and restaurants). The task will also reveal Cupertino's specific strengths and weaknesses relative to the Silicon Valley region. Finally, it will provide insights into Cupertino's environment for small businesses by type, in order to understand whether there is potential to build on home-grown small businesses and diversify the local economy. 2.3: Research on Mobile Services — The SE Team will research national trends in mobile services and their impacts on "brick -and -mortar" retail and service businesses. To the extent possible, the research will look at specific impacts in California regions. 2.4: Stakeholder Interviews — The quantitative analysis in the previous tasks will be supplemented with qualitative analysis. The SE Team will conduct up to 10 interviews with business leaders (including Chamber of Commerce), economic development experts, business owners, developers, brokers, city staff, and other stakeholders. As part of this task, the SE Team will also conduct one to two meetings with a local retail broker identified by city staff in order to understand how the local retail environment is changing. Z5: Summary of Key Economic Trends and Market Segmentation — Building from the previous sub - tasks, the SE Team will summarize the key demographic trends, forecasts, socioeconomic indicators, and economic indicators that describe the City's economic context. The market segmentation, including an estimate of demand for future commercial development by type (retail/commercial, industrial, R&D, and office) will be evaluated. 2.6: SWOTAnalysis - On the basis of the results of previous tasks, The SE Team will prepare a summary of Cupertino's strengths, weaknesses, opportunities and threats (SWOT analysis) for economic development. 2.7. Sub -area Analysis — The SE Team will work closely with city staff to identify and delineate key sub- areas of importance. These sub -areas may be a sub -set of the opportunity areas and sites identified in the GPA, or other areas that are economically significant. SE will profile and provide in-depth analysis of these sub -areas, examining characteristics such as: • Existing commercial uses and potential for new development • Profile of existing businesses, with particular attention to industries that are heavily concentrated in Cupertino. Fiscal contributions to Cupertino, such as retail sales and business -to -business tax revenues (to the extent possible based on available data). Location and amenities, including access/connections to transportation networks. The results of these sub -area analyses will be incorporated in the Background Report, and used to develop place -specific strategies in the Economic Development Strategic Plan. Task 3: Economic Development Background Report SE will prepare an Economic Development Background Report that summarizes all of the key findings from Task 2. An Executive Summary section will highlight the most significant findings. The other sections of the report will include the following content: • Summary of Targeted Employment and Industry Analysis (Task 2.2) • Impact of Mobile Services (Task 2.3) - Stakeholder Interview Findings (Task 2.4) • Summary of Key Economic Trends and Market Segmentation (Task 2.5) • SWOT Analysis (Task 2.6) • Sub -area Analysis (Task 2.7) The SE Team will deliver an Administrative Draft for review and meet with city staff, Economic Development Committee, and other appropriate stakeholders identified in conjunction with city staff. Within 21 calendar days of receiving a single integrated set of comments from reviewers, a final report will then be delivered. Deliverables: Administrative Draft and Final Economic Development Background Report (Word and PDF) Task 4: Draft Economic Development Strategic Plan and Implementation Plan SE will then incorporate the results of the background analysis to draft an initial document framework for review by city staff. Based on feedback on the framework from city staff, SE will prepare an Administrative Draft of the Economic Development Strategic Plan. The plan will describe economic context, existing conditions, and future changes necessary to maintain Cupertino's competitiveness in creating and supporting businesses, diversifying the local economy, and maintaining fiscal health. The Implementation Plan will identify specific actions on topics including new commercial development by type and location; use of mobile technologies to support economic development (Optional Task 5); business attraction, retention, and expansion strategies; and performance measures to track progress. Each implementation action will identify a lead organization or department, supporting agencies and partners, and time frames. Within 21 calendar days of receiving a single integrated set of comments from city staff, The SE Team will deliver a revised Draft EDSP to be presented to the community and City Council. Deliverables.- . eliverables:• Administrative Draft of the Economic Development Strategic Plan and Implementation Plan (Word and PDF) • Revised Economic Development Strategic Plan and Implementation Plan (Word and PDF) Task 5: (Optional Task) Mobile Technology Marketing Strategies As an optional task, the SE Team, led by MIG, can assist with the development of specific strategies for how the City can better leverage current and emerging technologies to help support local brick and mortar stores in Cupertino. In recent years, online and mobile applications have made it easier and more convenient to shop online. This trend has made it difficult for traditional retailers to attract customers. Working with the City and building from the findings from Task 2.3, MIG will identify ways to help promote flexible commercial spaces, pop-up commercial events, and specific strategies for how the City can leverage its existing technology to better promote and support local businesses (e.g., Facebook event noticing, email blasts, public WiFi infrastructure, special events, etc.). Task 6: Meetings 6.1: Meetings with Staff - The SE Team will participate in regularly scheduled in-person meetings and bi-weekly conference calls with the Economic Development Director and/or other relevant city staff (including legal counsel) on an as needed basis. The SE Team will regularly contact City Staff to provide project updates, coordinate on the project schedule and deliverables, and gather information as needed. 6.2: Preparation and facilitation of one (1) Community Visioning Workshop The SE Team, led by MIG, will prepare materials for and facilitate one Community Visioning Workshop to support the Economic Development Strategic Plan process. The SE Team may also facilitate additional Community Visioning Workshops with additional budget, as shown in the cost proposal. These workshops will include business community leaders, the business community in general, the Chamber of Commerce, other civic leaders and the broader Cupertino community. MIG will prepare a postcard to help notice these meetings, and will also prepare text and graphics for City staff to use to develop email blasts. It is assumed that the City will print and mail the postcard, and send the email blast based on the City's current email database. The SE Team will develop the agenda for these workshops in coordination with City staff but will likely include: an update on the project, summary of materials produced to date, and an interactive facilitated discussion to refine an overall vision and develop specific economic goals for the City. The SE Team will be responsible for developing workshop content, printing handout materials and facilitating each workshop. MIG will provide one facilitator and one graphic recorder for each workshop, and SE will attend and present the relevant materials at each workshop. City staff will be responsible for securing workshop locations, printing and mailing announcements, and providing refreshments. Following each workshop, MIG will prepare a succinct and highly -visual summary report that will contain all input received during the workshop. The reports will be prepared using PowerPoint and formatted for easy viewing online or on a mobile device, similar to the summaries prepared for the General Plan Amendment project. MIG will prepare an administrative draft of each report for City and consultant team review and comments, and prepare one final version that reflects team input. Deliverables: • Workshops Announcement Postcard (InDesign/PDF) • Email Blast Text and Graphics (Word/PDF) • Workshop Agendas, Comment Cards and Presentations (InDesign/PowerPoint/PDF) • Wallgraphic Recordings (hand drawn) • Visioning Workshop Summary Report (PowerPoint /PDF) • Goal -Setting Workshop Summary Report (PowerPoint /PDF) 6.3: Briefings with City's Economic Development Committee The SE Team will attend up to two (2) meetings or briefings with the Economic Development Committee. The first meeting will be used to introduce the team, discuss the final scope of work, present initial findings from the background analysis, and gather feedback on the major issues and opportunities. The second meeting will include a presentation of the Draft EDSP and gather feedback on the economic development issues, preferred strategies, and implementation actions. The SE Team may attend additional meetings with additional budget, as shown in the cost proposal. Deliverables: Two (2) Power Point Presentations (PowerPoint and PDF) 6.4: City Council Meetings The SE Team will attend up to three (3) City Council meetings and/or study sessions. The timing of these meetings will be finalized with City Staff, but it is anticipated that the first will discuss the findings of the Background Report, the second will present the Draft EDSP, and the third will present the final EDSP. The SE Team may attend additional meetings with additional budget, as shown in the cost proposal. Deliverables: Three (3) Power Point Presentations (PowerPoint and PDF) Task 7: Final EDSP and Implementation Plan The SE Team will incorporate the input from City Council, Economic Development Committee, and community members, and deliver a final Economic Development Strategic Plan and Implementation Plan. Deliverables: Final Economic Development Strategic Plan and Implementation Plan (Word and PDF) Exhibit "B" Strategic Economics Team Proposed Budget for Cupertino Economic Development Strategic Plan Stat Title Core Tasks Billing Rate Srivastava Principal $195 Strategic Economics Nemiow Maga Traud Senior Research Associate Associate Analyst $170 $120 $95 Strategic Economics lacofano CEO/ Principal $295 Amsden Sr. Project Manager $145 MIG Hext Sr. Outreach Specialist $140 Rilley Planner/ Outreach $75 Kelly Sr. Admin $165 MIG Strategic Economics Team Task 1 Kick -Off Meeting and Site Tour 6 6 6 $ 2,910 4 $ 580 $ 3,490 Task 2 Citywide Demographic and Economic Analysis 8 20 80 40 $ 18,360 $ - $ 18,360 Task 3 Economic Development Background Report 12 24 40 20 $ 13,120 $ $ 13,120 Task 4 Draft Economic Development Strategic Plan 20 16 40 20 $ 13,320 $ $ 13,320 Task 6 Meetings $ Community Visioning Workshops (1) 8 10 10 2 $ 4,650 8 15 8 40 2 $ 8,985 $ 13,635 City Council Meetings (3) 18 12 8 $ 6,510 $ - $ 6,510 Economic Development Committee (2) 10 10 10 $ 4,850 $ $ 4,850 Task 7 Final EDSP and Implementation Plan 20 24 16 6 $ 10,470 $ $ 10,470 Core Task Subtotals 102 122 210 88 $ 74,190 8 19 8 40 2 $ 9,5651 $ 83,755 Expenses (data, mileage) $ 2,000 TOTAL CORE BUDGET $ 85,755 Optional Tasks Total Task 5 Optional Task: Mobile Technology Marketing Strategies $ - 2 10 0 $ 2,040 $ 2,040 Community Visioning Workshops (per Workshop) 8 10 10 2 $ 4,650 8 15 8 40 2 $ 8,985 $ 13,635 Economic Development Committee Meetings (per Meeting) 5 5 5 $ 2,425 $ 2,425 City Council Meetings/ Hearings (per Meeting) 6 4 3 $ 2,210 6 8 1 $ 3,095 $ 5,305 rre.,t�t- 44un4 CTRATFCr1N ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) TE(MMDDN 1/29/2015 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE.CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. -THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUT.WORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - IMPORTANT: If the -certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject -to the terms and conditions -of the -policy, certain policies may require an endorsement. A statement on this, certificate does not confer rights to the certificate holder in lieu.of such endorsement(s): PRODUCER - Dealey, Renton & AssociatesPHONE P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 CONTACT Nancy Ferrick 510 465-3090 FAX 510 452-2193 A/C No Ext : A/C; No E-MAIL ADDRESS: nferrick@insdra.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Casualty & Surety Co. 31194 INSURED Strategic Economics, Inc. 2991 Shattuck Avenue, No. 203 Berkeley, CA 94705 INSURER B : Travelers Property Casualty Co 25674 Travelers Casual &Sure Co of 31194 INSURER C : TtY tY INSURER D INSURER E INSURER F: rnVFRAr:FS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE ADDLSUBR NSR WVD POLICY NUMBER MMIDDY EFF MMLDDY EXP LIMITS A GENERAL LIABILITY X X 6805F339381 1/30/2015 01/30/201 EACH OCCURRENCE $1,000,000 - X COMMERCIAL GENERAL LIABILITY . = -- --- PREMISES EaEoNccTuErrence $1,000;000 _. .-.:.... -.. CLAIMS -MADE. FX OCCUR _.:. _ .. . ..... ... . ...... .."..... .' _ ' .. ".. :. .....'. ... MED EXP (Any one person) $10,000 • . ...... PERSONAL $1,000,000.... GENERAL AGGREGATE $2,000,000 - - PRODUCTS - COMP/OP AGG $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:. ` POLICY X JPE a LOC $ A AUTOMOBILE LIABILITY - . .. - X X 6805F339381 - 1/30/2015 01/30/201 COMBINED SINGLE LIMIT 1,000,000 Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS P.Oac denIER DAMAGE $ B X UMBRELLA LIAB X OCCUR X X CUP5F339485 1/30/2015 01/30/2016 EACHOCCURRENCE $2000000 EXCESS LIAB CLAIMS -MADE AGGREGATE s2,000,000 DED RETENTION $ $ B WORKERS COMPENSATION X UB4392T30815 1/30/2015 OTH- 01/30/2016 X WCSTATLIMITIER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? ® N / A (Mandatory In NH) E.L. DISEASE- EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C Professional 106235453 1/30/2015 01130/20116 $4,000,000 per claim Liability $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) General Liability Policy excludes claims arising out of the performance of professional services. 30 Days Notice of Cancellation (10 Days for Non -Payment of Premium). All operations of the named insured. City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers are named (See Attached Descriptions) Cit of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Angela Tsui ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE 106066z, 1619,� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1235328/M1235198 NMF SAGITTA 25.3 (2010/05) 2 of 2 #S1235328/M1235198 POLICY NUMBER: 6805F339381 COMMERICAL GENERAL LIABILITY ISSUE DATE: 01/30/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): city of Cupertino Attn: Angela Tsui 10300 Torre Ave. Cupertino, CA 95014 PROJECT/LOCATION OF COVERED OPERATIONS: All operations of the named insured. City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers - PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", `property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products -completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the 'limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown h the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 Page 1 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Strategic Economics, Inc. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -- POLICY NUMBER: UB4392T30815 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization: Job Description: All operations of the named insured. City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers City of Cupertino Attn: Angela Tsui 10300 Torre Ave. Cupertino, CA 95014 DATE OF ISSUE: 01/30/2015