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HomeMy WebLinkAbout11/01/2011, C4 - ECONOMIC DEVELOPMENT STRATEGIC PLAN REQUEST FOR PROPOSALS O council M.6.e"•a 11-1-11 j, acEnaa RepoRt 1W.N.m6a VI C I TY OF SAN LU IS O B I S P O FROM: Michael Codron, Assistant City Manager Claire Clark, Economic Development Manager SUBJECT: Economic Development Strategic Plan Request for Proposals RECOMMENDATION 1. Approve the Request for Proposals (RFP) for consultant services for a five-year Economic Development Strategic Plan. 2. Authorize the City Manager to award the contract if within the project budget of$50,000. DISCUSSION Background The City Council approved an Economic Development Major City Goal for 2011-13, as follows: Increase focus on economic development. Support creation of head-of- household jobs through developing strategies for infrastructure, focusing on promising growth sectors, and expediting desired economic activity.. Expand collaboration with Cal Poly, Cuesta, the business community and responsible agencies. The City Council adopted a work program to support the goal that begins with development of a five-year Strategic Plan in 2011-12 to focus City economic develop efforts on activities that support head-of-household job creation. The work program includes other tasks and work products to help accomplish the goal over the next two years. The following includes some notable Economic Development accomplishments during this fiscal year. A more complete summary of progress on the Major City Goal will be presented to the City Council in November as part of the City's fiscal status and goals update. • The joint City-Chamber website funded through the Community Promotions program launched on September 22"d. It has received positive responses from community members for changing the "face" of the City for business. • A public-private partnership has been approved by the Council between Digital West and the City for use of vacant communication conduit. • The Council has approved consideration of a reimbursement agreement with Chevron that addresses infrastructure improvements at the Tank Farm Road site. • The Collaboration Committee agreed to move forward with the new Small Business Development Center as the organization that will begin the process of creating the entrepreneurial ecosystem, under the leadership of Cal Poly. C4-1 Economic Development Strategic Plan Page 2 • Formulation of an RFP for consultant services in preparation of an Economic Development Strategic Plan for Council consideration. Strategic Plan 1. Phase One The City appointed a Steering Committee to provide diverse ideas and perspectives on development of the strategic planning process and the draft plan. Participants on the steering committee include: Citizen—Business Owner Mike Multari Citizen—Business/Green Energy Andy Pease Citizen—Business/Banking Charlie Fruit Chamber of Commerce Ermina Karim EVC Mike Manchak Cal Poly Jim Dunnin Non-profit Charlene Rosales Downtown Association Pierre Rademaker Community Development Dept. Doug Davidson Work with the Steering Committee to date has included: • Discussion of definitions and data for"head-of-household job" • A Strengths, Weaknesses, Opportunities and Threats Analysis • Review and revisions to the Scope of Work for the RFP • Development of a webpage on City site for the work of the Steering Committee: htti)://www.slocity.org/economiedeveloi)ment/strategici)lan/i)lan.asn • RFP under consideration now is the next step in the process of developing a strategic plan. 2. Phase Two A civic engagement process to hear from the community about topics relevant to economic development in the City will be undertaken following engagement of the consultant early in 2012. Initial topics under consideration include: • Innovation and Entrepreneurship • Green Economy • The Role of Housing • Job Quality and Labor Market 3. Phase Three Preparation of the strategy by the consultant and evaluation of the consultant work product by the Steering Committee will occur in late spring 2012. C4-2 Economic Development Strategic Plan Page 3 Scope of Work The City is seeking a consultant to prepare a five-year economic development strategic plan. This strategic plan is expected to identify and recommend specific implementation actions that the City should take to encourage long-term growth of head-of-household jobs within the community in accordance with the Major City Goal in Economic Development. The consultant will be expected to evaluate the resources available to the City's Economic Development Program and identify implementation measures that are effective and achievable in the context of an overall strategy. The following components are considered essential to developing the plana • Optimizing Economic Development Program organization, the use of data resources and metrics of success • Optimization of the City's development review processes • Implementation of existing strategies, focus on public/private partnerships The civic engagement process is envisioned to follow selection of the consultant. Through this process, the City will seek stakeholder input on a variety of topics relevant to economic development in the City, in an effort to generate three-way information flow(City to stakeholder, stakeholder to City and stakeholder to stakeholder). Public engagement may take the form of focus groups, live surveys, round-table discussions, panel discussions, or other methods as determined to be best suited for the particular topic at hand. The final step will be preparation of the strategic plan for Council consideration in June 2012. Timing Upon approval by Council, staff will release the RFP. Responses will be requested by December 5, 2011. The proposals will be reviewed and consultants interviewed as necessary with a tentative start date of January 31, 2012. CONCURRENCES The Economic Development Strategic Plan Steering Committee and the Community Development Department concur with this recommendation. FISCAL IMPACT As a component of the Major City Goal for Economic Development, this project was approved in the 2011-13 Financial Plan with a budget of$50,000 (page B-35). ALTERNATIVES Delay RFP Issuance Until After Phase Two. The Council could choose to direct staff to conduct the public engagement process without the assistance of a consultant. This might be a more cost effective way to conduct the public outreach portion of the project. This alternative is not recommended because staff believes that the consultant must be directly involved in public C4-3 Economic Development Strategic Plan Page 4 engagement efforts to develop the best strategies for achieving the Major City Goal. Staff intends to be heavily involved in the public participation process to take advantage of efficiencies and reduce the portion of the overall project budget allocated to the effort. ATTACHMENT Economic Development Strategic Plan RFP C4-4 ATTACHMENT. City Of dobas san tins ompo 990 Palm Street ■ San Luis Obispo,CA 93401 Notice Requesting Proposals for ECONOMIC DEVELOPMENT STRATEGIC PLAN The City of San Luis Obispo is requesting sealed proposals for an Economic Development Strategic Plan pursuant to Specification No. 91140. All proposals must be received by the Finance Division by 3:00 p.m. on Friday, December 2, 2011 when they will be opened publicly in the City Hall Council Chambers,990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. A pre-proposal conference will be held on Wednesday, November 9, 2011 at 10:30 a.m. in the City Council Hearing Room at 990 Palm Street, San Luis Obispo, CA 93401 to answer any questions that the prospective proposers may have regarding the City's request for proposals. Specification packages and additional information may be obtained by contacting Claire Clark at (805) 781-7164. ® The City of San Luis Obispo is committed to including disabled persons in all of our services,programs and activities. Telecommunications Device for the Deaf(805)781-7410.. C4-5 • ATTACHMENT Specification No. 91140 TABLE OF-CONTENTS A. Scope of Work 1 B. General Terms and Conditions 5 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 10 Contract Term Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule D. Agreement 14 E. Insurance Requirements 16 F. Proposal Submittal Forms 18 Proposal Submittal Summary References C4-6 'J ATTACHMENT Section A SCOPE o • WORK SCOPE OF WORK The City of San Luis Obispo is seeking a consultant to prepare a five-year economic development strategic plan. This strategic plan is expected to identify and recommend specific implementation actions that the City should take to encourage long-term growth of head-of-household jobs within the community. The City Council sets Major City Goals every two years as part of its financial planning process. For 2011-13,the Council adopted an economic development Major City Goal, as follows: Increase focus on economic development. Support creation of head-of-household jobs through developing strategies for infrastructure, focusing on promising growth sectors, and expediting desired economic activity. Expand collaboration with Cal Poly, Cuesta,the business community and responsible:agencies. The City's Economic Development Program was formally initiated in 1995,but has never had the benefit of a strategic plan to guide its efforts. In 2011-12,the City is seeking to create such a strategic plan with a five-year time horizon. The strategic plan is considered an essential first step towards achieving the Major City Goal outlined above. As the City increases its focus on economic development, it is essential to know how to allocate resources in a way that will be most effective at achieving the goal. In preparation for issuing this RFP, the City formed a Steering Committee comprised of residents, business owners, property owners,.and representatives of business and non-profit groups. The Steering Committee has helped to define the Scope of Work, and has helped define the term head-of-household job based on a"self-sufficiency" standard. Specific criteria such as income and stability were determined to be the most important defining factors of head-of-household jobs in San Luis Obispo. In addition, the Steering Committee noted that the Economic Vitality Corporation's Economic Strategy identifies clusters of high-growth industries in the County where most head-of-household job creation is expected to occur. The Steering Committee also completed a Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis and ranked the outcomes. The work of the Steering Committee is available for review through the following link: http://www.sl oci ty.org/economicdevelopmen t/strategicplan/pl an.asi). As seen in the SWOT analysis, our greatest strengths and opportunities include Cal Poly and Cuesta College, as well as the areas that are properly zoned for expansion of businesses. The cost of housing, perception of SLO as a hard place to do business, the lack of jobs for trailing spouses and a complex permitting process are the top threats and weaknesses identified. Strategic Plan Components The purpose of the strategic plan is to guide the efforts of the City's Economic Development Program over the next five years with an emphasis on programs and policies that facilitate head-of-household job creation. The consultant will be expected to evaluate the resources available to the City's Economic Development Program and identify implementation measures that are effective and achievable in the context of an overall strategy. The following components are considered essential to developing the plan: -�- C4-7 J� ATTACHMENT Optimizing Program Organization, the Use of Data Resources and Metrics of Success The consultant will be expected to evaluate the structure and available resources of the Economic Development Program to determine effective use of the existing resources in promotion of job creation with a concentrated focus on head-of-household job creation in .the context of the overall economic development program. This examination should include an assessment of whether the current segregation of tourism and community promotions activities from economic development is an appropriate organizational structure. The adequacy of the databases available to the Economic Development Program will be assessed. This will entail review of the City's business tax database (HdL), business retention and expansion database (Executive Pulse), and available State and Federal data sources for use during implementation of the strategy. In addition, the consultant will determine what metrics provide the best measure of the success of the program, as well as the ongoing health of the local economy and job market. Optimization of the Development Review Processes The analysis shall include evaluation of the City's development review process relative to surrounding communities and in three benchmark communities, to be determined, to better understand the extent to which development costs and permitting timeframes in San Luis Obispo place the City at a competitive disadvantage for attracting new head-of-household jobs. The strategic plan will recommend steps to address any disadvantages that are discovered through this process. Recommendations in the strategic plan will need to be balanced in consideration of the high standards established in the community for public participation in the development review process, quality of the built environment, and fiscal responsibility. Implementation of Existing Stratejzies, Focus on.Public/Private.Partnerships Three documents will act as resources for the strategic planning process: The Economic Vitality Corporation's Clusters of Opportunity Strategy (a countywide strategy for economic development), the Chamber of Commerce's Economic Vision document,and the.San Luis Obispo Downtown Association's 2007 Strategic Plan. The strategy will consider these documents and will look for ways to effectively implement county-wide strategies where it is determined that City implementation would be effective and appropriate. A basis for support of a local "entrepreneurial ecosystem" has been developed through a collaborative partnership between Cal Poly, the County of San Luis Obispo, the City of San Luis Obispo and the San Luis Obispo Chamber of Commerce. To successfully build on the existing accomplishments and achieve the Major City Goal, the strategic plan should include implementation measures that support the work of the Collaboration Committee. Furthermore, Cal Poly has three organizations whose activities are resources for local economic development efforts. The Tech Park on campus houses the California Central Coast Research Partnership (C3RP) program, the new Small Business Development Center (SBDC), and the Center for Entrepreneurship and Innovation. All three of these programs are vital to the success of the community's entrepreneurial ecosystem -2- C4-8 ATTACHMENT, Recently, the City has developed a public/private partnership to enhance access to fiber-optic technology and high-speed intemet to the local community. Additional opportunities for partnerships with enterprise that enhance San Luis Obispo as a destination to do business are desirable. The consultant will evaluate opportunities available to the City and make recommendations on how to develop additional partnerships considering both private sector and public sector partnership opportunities. Process- Civic Engagement The San Luis Obispo community has a traditionally high level of community engagement. In addition, there is not universal acceptance within the community of economic development as a valuable activity for City focus and resources. Economic development can be linked to excessive growth and, for some, at odds with City goals for natural resource protection. In recognition of this reality, and as a way to generate positive dialogue and momentum for City economic development efforts, the process of developing the strategic plan must involve public outreach and engagement with residents, business owners, employees and other stakeholders. The civic engagement process envisioned will seek stakeholder input on a variety of topics relevant to economic development in the City of San Luis Obispo, in an effort to generate three-way information flow (City to stakeholder, stakeholder to City and stakeholder to stakeholder). Public engagement may take the form of focus groups, live surveys, round-table discussions, panel discussions, or other methods as determined to be best suited for the particular topic at hand. A minimum of four events will be held covering topics such as: • Innovation and Entrepreneurship • The Role of Infrastructure • The Role of Housing • Job Quality and the Labor Market Others opportunities to engage the public and topics for public meetings, such as Planning Commission meetings, may be identified through this process. Proposals submitted in response to this scope of work will define the consultant's role in the civic engagement process so that the civic engagement component of the project is achieved without consuming more than 25% of the budget. Background Information To aid in these evaluations, City staff will help obtain city-based information as requested, and will work with the Economic Vitality Corporation and the Central Coast Economic Forecast Project to obtain data about the local economy. Staff will assist the consultant by making connections to other organizations in the community. The City is currently in the process of updating its General Plan and background data will be available as a resource. The City will also be conducting a statistically significant, community satisfaction survey in November 2011 and the results of this and past surveys will be available for use in this project. Constraints The time to complete this project is limited.Adoption is expected to occur in June 2012. Total project budget is limited to$50,000. -3- C4-9 • ATTACHMENT More about San Luis Obispo The City of San Luis Obispo sits on California's central coast approximately mid-way between Los Angeles and San Francisco on US 101. With a residential population of 44,000, the City daytime population swells to approximately 75,000 with the influx of workers within the robust governmental sector, including both state and county agencies, the local university, and community college and prison personnel. San Luis Obispo is home to California Polytechnic State University (Cal Poly). Cal Poly is recognized internationally for its excellence in preparing undergraduates for careers in applied technical and professional fields. Cal Poly graduates are highly sought after to fill architecture, agriculture, business, computer science and engineering positions. In addition, Cuesta Community College is located nearby and has an excellent nurse training.program. The foundation of San Luis Obispo's modem economic prosperity is its unique quality of life. With the charm of a small town, clean air, low crime rates, excellent schools, sunny and mild climate, and no major traffic problems, San Luis Obispo is an inviting city that promotes a healthy lifestyle. It was the first municipality in the world to implement a non-smoking statute in all public buildings, including restaurants and bars. San Luis Obispo's air quality is at or below the California standard for acceptable ozone levels every day of the year. San Luis Obispo is home to a world-class Performing Arts Center, the San Luis Obispo Symphony, ARTS Obispo, and the Little Theater. Annually, it hosts the San Luis Obispo International Film Festival and Festival Mozaic, a 10-day concert series presenting five centuries of music on the Central Coast. Together with the San Luis Obispo Museum of Art's Plein Air Festival, the arts attract exceptional talent to San Luis Obispo each year. A full-service Parks and Recreation Department, a YMCA, and nine youth sports organizations serve the City of San Luis Obispo. The City offers 21 parks totaling 440 acres. Facilities include tennis courts, playgrounds, athletic fields, gymnasiums, a fish and small boat lake, and a 50-meter aquatic center. The City operates Laguna Lake Golf Course, and five regulation-length courses are located within 15 minutes of San Luis Obispo. Bike paths and trails serve to draw visitors to the City. The City's greenbelt serves both active and passive recreational pursuits. The City's Natural Resources Protection Program is hard at work preserving important scenic and natural areas. Two thousand acres of land have already been conserved. -4- C4-10 . .Nl, ATTACHMENT. Section B TERMSGENERAL • • PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications.. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance and Information Technology, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. C. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer's insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City's insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an altemative proposal when specifically requested; however, an individual or business entity that has submitted a sub- proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. -5- C4-11 ATTACHMENT 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local.governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their . place of business and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However,any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805)781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor,materials,and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. -6- C4-12 �-, ATTACHMENT 17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations; it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age; race, color; sex, national origin or ancestry, sexual orientation, or religion of such persons. 23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time,due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor(Net 30). 25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. -7- C4-13 ATTACHMENT" 26. Audit. The City shall have the option'of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest-direct, indirect or otherwise-that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of-the City. 28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, . and all expenses of investigating and defending against same, provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29. Contract Assignment. The Contractor shall not assign, transfer,convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30. Termination. If; during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment.schedule;compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. $ C4-14 ATTACHMENT, The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion,so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 9- C4-15 ATTACHMENT, C Section C SPECIAL - MS AND CONDITIO 1. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. C. Statement of past contract disqualifications d. References from at least three firms for whom you have provided similar services. Qualifications e. Experience of your firm in performing similar services. f Resumes of the individuals who would be assigned to this project, including any sub- consultants. g. Standard hourly billing rates for the assigned staff, including any sub-consultants. h. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. Work Program i. Description of your approach to completing the work. j. Tentative schedule by phase and task for completing the work. k. Estimated hours for your staff in performing each major phase of the work, including sub-consultants. 1. Services or data to be provided by the City. in. Any other information that would assist us in making this contract award decision. n. An example of components of an Economic Development Strategy and Implementation Plan. Compensation o. Proposed compensation and payment schedule tied to accomplishing key tasks. Proposal Length and Copies p. Proposals should not exceed 30 pages, including attachments and supplemental materials. q. Five copies of the proposal must be submitted. 2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the following criteria: a. Understanding of the work required by the City. b. Quality,clarity and responsiveness of the proposal. C. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. -10- C4-16 �_. ATTACHMENT. U f. References. g. Background and related experience of the specific individuals to be assigned to this project. h. Proposed compensation. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 11/2/11 b. Conduct pre-proposal conference 11/9/11 C. Receive proposals 12/5/11 d. Complete proposal evaluation 12/22/11 e. Conduct finalist interviews 1/10/12 f. Finalize staff recommendation 1/19/12. g. Award contract 1/20/12 4. Pre-Proposal Conference. A pre-proposal conference will be held at the following location, date,and time to answer any questions that prospective proposers may have regarding this RFP: Wednesday,November 9,2011 at 10:30 a.m. Council Hearing Room 990 Palin Street,San Luis Obispo,CA 93401 5. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City,and shall be delivered to the City upon demand. 6. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 7. Copies of Reports and Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 8. Required Deliverable Products. The Contractor will be required to provide: a. Five copies of proposal addressing all elements of the workscope. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. 11- C4-17 ATTACHMENT b. One camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size,ready for reproduction. C. When computers have been used to produce materials submitted to the City as a part of the workscope,the Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager: • Word Processing Word • Spreadsheets . Excel • Desktop Publishing CorelDraw,PageMaker. • Computer Aided Drafting(CAD) AutoCAD 9. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at public meetings to present and discuss its findings and recommendations. Contractor shall attend, either in person or remotely, as many "working" meetings with staff as necessary in performing workscope tasks. 10. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted. 11. Accuracy of RFP. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Proposers are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the proposer and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by taw, any patent ambiguity or defect shall give rise to a duty of proposer to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the proposer. An ambiguity or defect shall be considered patent if it is of such a nature that the proposer, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the proposer or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects of ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful proposer to achieve the project's objective or standard beyond the amounts provided there for in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform irrespective of whether or not the ambiguity or defect is major, -12- C4-18 C ATTACHMENT material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractors becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 13 C4-19 ATTACHMENT " Section D FORM OF-AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on date by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and CONTRACTOR'S NAME IN CAPITAL LETTER ,hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on November 2,2011,City requested proposals for an Economic Development Strategic Plan per Specification No.91140. WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered,as first written above,until acceptance or completion of said services. 2. INCORPORATION BY REFERENCE. City Specification No. 91140 and Contractor's proposal dated aa-tel,are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed$50,000. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as described in this Agreement. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral -14- C4-20 ATTACHMENT agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor Name Address S. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO By: City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR By: City Attorney -15- C4-21 C' � ATTACHMENT Section E INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents,representatives,employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as:. 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Setf-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials,employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official,employees,agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers; officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. -16- C4-22 C ATTACHMENT. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a.current A.M. Best's rating of no less than ANN. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. -17- C4-23 ATTACHMENT _ PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined Specification No. 91140,which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Proposal Item: Economic Development Strategic Plan Total Base Price Other(provide detail below) TOTAL $ ❑ Certificate of insurance attached; insurance company's A.M. Best rating: Firm Name and Address Contact Phone Signature o Authorized Representative Date 18 C4-24 ATTACHMENT, REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact-each of the references listed_ for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome Reference No.2 Customer Name Contact Individual Telephone&FAX number Street Address , City,State,Zip Code Description of services provided including contract amount,when provided and project outcome Reference No.3 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome -19- C4-25 ATTACHMENT_ STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law,a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ■ Do you have any disqualification as described in the above paragraph to declare? Yes ❑ No ❑ ® If yes, explain the circumstances. Executed on at under penalty of perjury of the laws of the State of California,that the foregoing is true and correct. Signature of Authorized Proposer Representative -20- C4-26 ATTACHMENT PROPOSERS LIST Economic Development Plan—SPECIFICATION NO.91140 Business Name Business Name Contact Name Contact Name Address Address City, State and Zip Code City,State and Zip Code Phone No. Phone No. Fax No. Fax No. Business Name Business Name Contact Name Contact Name Address Address City, State and Zip Code City, State and Zip Code Phone No. Phone No. Fax No. Fax No. Business Name Business Name Contact Name Contact Name Address Address City, State and Zip Code City, State and Zip Code Phone No. Phone No. Fax No. Fax No. Business Name Business Name Contact Name Contact Name Address Address City, State and Zip Code City, State and Zip Code Phone No. Phone No. Fax No. Fax No. Business Name Business Name Contact Name Contact Name Address Address City, State and Zip Code City, State and Zip Code Phone No. Phone No. Fax No. Fax No. C4-27 ,�' � counc,L memomnbum i o�-san Luis oaispo; ac�mmistuwation DATE: October 31, 2011 TO: City Council RED FILE MEETING AGENDA VIA: Katie Lichtig, City Manager DATE////I-/ ITEM #— � FROM: Michael Codron, Assistant City Manager SUBJECT: Economic Development Strategic Plan Consultant List Council Member Smith requested a copy of the consultant list for the Economic Development Strategic Plan. The attached list includes the consultants that will receive copies of the Request for Proposals (RFP). This list includes consultants who have contacted the City to express an interest, and those who have recently prepared similar strategic plans for other jurisdictions. This is not an eligibility list, and does not limit those who can submit a proposal. 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