HomeMy WebLinkAbout2009 CON CDC Economic & Planning Systems - Consulting ServicesAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
ECONOMIC & PLANNING SYSTEMS, INC.
THIS AGREEMENT is entered into this 20th day of January, 2009, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, a municipal corporation (the "CDC"), and ECONOMIC & PLANNING
SYSTEMS, INC. (the "CONTRACTOR").
RECITALS
WHEREAS, the CDC desires to employ a CONTRACTOR to provide as -
needed economic and planning consulting services.
WHEREAS, the CDC has determined that the CONTRACTOR is qualified
by experience and ability to perform the services desired by the CDC, and the
CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit A.
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CDC for such services, except
as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings
cited in Exhibit A to keep staff and the Community Development Commission advised of
the progress on the project.
The CDC may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CDC and the
Revised May 2007
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change in
services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Patricia Beard hereby is designated as the Project Coordinator for the CDC and will
monitor the progress and execution of this Agreement. The CONTRACTOR shall
assign a single Project Director to provide supervision and have overall responsibility for
the progress and execution of this Agreement for the CONTRACTOR. David Zehnder
thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit A shall not exceed
$50,000 with the understanding that each separate Project to be completed by
CONTRACTOR will be on a time and materials basis, as described in Exhibit A, with a
Project budget having received prior written authorization from the Redevelopment
Projects Manager prior to any work being conducted. On call services that cannot be
deemed a Project, for example, general inquiries, shall not exceed $10,000 without prior
written authorization from the Executive Director. Monthly invoices will be processed for
payment and remitted within thirty (30) days from receipt of invoice, provided that work
is accomplished consistent with Exhibit A as determined by the CDC.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CDC and for furnishing of copies to the
CDC, if requested.
5. LENGTH OF AGREEMENT. The Agreement shall be in effect for
one year after the date entered.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CDC for use with respect to this Project, and shall be turned
over to the CDC upon completion of the Project, or any phase thereof, as contemplated
by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CDC and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CDC's prior authorization regarding reproduction, which authorization shall not be
2 Revised May 2007
unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CDC may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR
expressly waives and disclaims any residual rights granted to it by Civil Code Sections
980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CDC of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CDC, or for any liability to the CDC should the documents be used by the CDC
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CDC and are
not entitled to any of the rights, benefits, or privileges of the CDC's employees, including
but not limited to retirement, medical, unemployment, or workers' compensation
insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CDC for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CDC. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CDC nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of the
CDC, it being understood that the CONTRACTOR, its agents, servants, and employees
are as to the CDC wholly independent contractors and that the CONTRACTOR's
obligations to the CDC are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
3 Revised May 2007
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CDC, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CDC are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased
costs that result from the CDC's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
4 Revised May 2007
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CDC setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose any
part thereof without the prior written consent of the CDC. The CONTRACTOR shall
limit the use and circulation of such information, even within its own organization, to the
extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no fault
of the CONTRACTOR, hereafter disclosed in publicly available sources of information;
(iii) is already in the possession of the CONTRACTOR without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR
by a third party, but only to the extent that the use or disclosure thereof has been or is
rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CDC. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CDC for any damages caused by breach
of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the Community Development
Commission of the City of National City, its officers and employees, against and from
any and all liability, loss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's
negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and
employees from and against all claims, demands, payments, suits, actions, proceedings
and judgments of every nature and description, including reasonable attorney's fees
and defense costs presented, brought or recovered against the CDC or its officers,
employees, or volunteers, for or on account of any liability under any of said acts which
5 Revised May 2007
may be incurred by reason of any work to be performed by the CONTRACTOR under
this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CDC, its officers, employees, and volunteers, so that any other policies held by the CDC
shall not contribute to any loss under said insurance. Said policies shall provide for
thirty (30) days prior written notice to the CDC of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CDC and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the CDC's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CDC's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as
a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
6 Revised May 2007
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Atoorney's fees to the prevailing party if other than the CDC shall, in addition, be limited
to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the
action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CDC. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CDC
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CDC.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CDC by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CDC all rights set forth in Section 6.
E. The CDC further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
7 Revised May 2007
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside
the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given
by telegraph or cable, when delivered to the telegraph company with charges prepaid,
or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request,
demand, direction or other communication delivered or sent as specified above shall be
directed to the following persons:
To the CDC:
Brad Raulston
Executive Director
Community Development Commission
of the City of National City
1243 National City Blvd
National City, CA 91950
To the CONTRACTOR: David Zehnder
Economic & Planning Systems, Inc.
2150 River Plaza Drive, Suite 400
Sacramento, CA 95833
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the Community Development Commission of the City of National City. The
CONTRACTOR also agrees not to specify any product, treatment, process or material
for the project in which the CONTRACTOR has a material financial interest, either direct
or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all
times comply with the terms of the Political Reform Act and the National City Conflict of
8 Revised May 2007
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use
its official position to influence in any way any matter coming before the CDC in which
the CONTRACTOR has a financial interest as defined in Government Code Section
87103. The CONTRACTOR represents that it has no knowledge of any financial
interests that would require it to disqualify itself from any matter on which it might
perform services for the CDC.
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the
City Clerk of the City of National City in a timely manner on forms which the
CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CDC for all damages,
costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next
day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
9 Revised May 2007
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
COMMUNITY DEVELOPMENT
OF THE CITY OF NATIONAL CITY
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Revised May 2007
EXHIBIT "A"
December 30, 2008
Patricia Beard
Redevelopment Manager
Community Development Commission
1243 National City Boulevard
National City, CA 91950
Econo
Planning Systems
Public Finance
Real Estate Economics
Regional Economics
Land Use Policy
Subject: National City On -Call Economic Consulting Services; EPS #18648
Dear Ms. Beard:
Economic & Planning Systems, Inc., (EPS) would appreciate the opportunity to provide the City of National
City (City) and the City's Community Development Commission (CDC) with economic consulting services
on a range of topics. EPS has been very pleased with the consulting experience with the CDC in the context
of the Westside Specific Plan and appreciates the effort the City and its redevelopment agency have applied
to improve the quality of life for National City's residents and businesses. This letter sets forth six key areas
of service I believe EPS can very effectively deliver. I have also attached to this letter a specialized set of
qualifications that will provide you with a more comprehensive view of services provided, project
experience, personnel, client base, and billing rates.
As you know, EPS is a nationally known real estate economics consulting firm with a broad -based practice in
the economics of real estate, including market and financial feasibility, urban redevelopment and
revitalization strategies, developer solicitation, affordable housing, public finance, and public/private
transaction negotiations. With more than 50 professional staff and offices in Berkeley, Sacramento, and
Denver, EPS has worked successfully with public- and private -sector clients throughout the western United
States and has established a reputation for both rigor and creativity.
Primarily from the Berkeley and Sacramento offices, EPS has expanded its portfolio of Southern California
projects over the past 25 years, establishing a presence through representation of numerous public- and
private -sector clients. Most of these projects have involved complex redevelopment challenges, including
EPS's work with the Ports of Los Angeles and San Diego in the redevelopment of several waterfront areas.
EPS understands port -related real estate and the legal perspectives related to land use, leasing, and other
policies and restrictions affecting prospects for various land uses.
In addition to its sizable redevelopment practice, EPS is a leader in the Western U.S. in the disposition and
development of large-scale public assets. EPS, with its broad expertise across a multitude of practice areas,
excels in these areas based on recognition of key factors driving public- and private -sector policy decisions
and from the seamless integration of market information, pro forma feasibility analysis, fiscal and tax -
increment analysis, and public finance practice areas. EPS's approach carefully considers project context as a
SACRAMENTO
2150 Ricer Plaza Drive, Suite 400 phone: 916-649-8010
Sacramento, CA 95933 fax: 916-649-2070
www.epsys.com
BERKELEY DENVER
phone: 510-841-9190 phone: 303-623-3557
fax: 510-841-9208 fax: 303-623-9049
EXHIBIT "A"
Patricia Beard
December 30, 2008
Page 2
basis for assessing competitive strengths and weaknesses, resulting in specific implementation measures
delivering public and private returns on investment commensurate with respective risks and responsibilities.
EPS is prepared to work on an "on -call" basis with the City and the CDC, coordinating efforts to deliver the
right mix of skills to assist you in realizing the improvement of National City. Further information regarding
EPS's individual roles and capabilities, fee structure, and project experience is provided in the attached
Statement of Qualifications.
Proposed Scope of Services
EPS proposes to provide on -call economic consulting services across six major areas. In the context of
public/private development, these six categories may be combined, such as would be the case with the reuse
or improvement of publicly owned assets. Moreover, the conceptualization and implementation of
redevelopment concepts will likely involve collaborations with planning, engineering, and other experts,
either brought in by EPS, or under direct contract with the City or the CDC. The six major areas of economic
analysis offered by EPS are listed below:
1. Market Analysis. EPS is available to provide market analysis services pertaining to a variety of
residential, commercial, and mixed use projects. Examples might include further evaluation of mixed
use development concepts in transit -oriented development nodes, evaluation of market support for
project proposals in the Westside Specific Plan, evaluation of alternative project densities, and
evaluation of assessed value growth in specific redevelopment project areas. Other market analysis
tasks may pertain to waterfront and golf course redevelopment projects the City and the CDC may be
interested in exploring. EPS has direct experience evaluating market potential on publicly owned
lands, including extensive knowledge and experience of the effects and use of ground leases in
various market contexts, as well as use restrictions and other factors (e.g., contamination) that can
directly affect market viability.
2. Financial Cash Flow Analysis. EPS proposes to assist the City as needed with financial due
diligence of various development projects. EPS's pro forma analyses typically leverage market
analysis to test the sensitivity of various project prototypes to changes in one or more key variables
(absorption rates, capitalization rates, etc.) and can be presented as either static (snapshot) or time
series discounted cash flow analyses. Moreover, the frame of reference for EPS's pro forma analyses
may be project -level (e.g., a multi -story mixed use building or group of buildings) or district -level
(e.g., master development pro forma incorporating financing of backbone infrastructure). EPS has
experience with using these tools in a variety of contexts, including detailed evaluation of golf course
reuse and improvement projects, waterfront development, brownfield projects, and infili catalyst
projects, including those having transit -oriented development potential. EPS would propose
incorporating team members from prior work in National City, such as GDeS (Joe DeCredico) or
MMS Design Group (Greg Mattson), as necessary to generate key planning and engineering
assumptions supporting EPS's financial analysis.
3. Fiscal Impact and Tax -Increment Projections. EPS proposes to assist the City and the CDC in the
evaluation of project impacts on General Fund and Redevelopment Agency budgets. EPS tracks
evolving legislative initiatives and maintains a state-of-the-art fiscal modeling framework, which will
facilitate EPS's advise to City decision makers regarding the ability to provide various types and
levels of services to proposed projects given their revenue -generation potential. For redevelopment
projects, EPS proposes to evaluate potential assessed -value growth based on market values and
Economic & Planning Systems, Inc.
m:\Proposals\18000I18648 National City On -Call Tech Support \ 18648 EPS Qualifications 12-30-0811oc
EXHIBIT "A"
Patricia Beard
December 30, 2008
Page 3
absorption rates and to evaluate potential net tax -increment and related tax -allocation bonding
capacity. This information can be applied, in the context of market and pro forma information, to
determine whether agency assistance to key projects can "tip the balance" toward feasibility to create
a catalytic effect in a redevelopment area. In the case of publicly owned properties, EPS proposes to
evaluate possessory interest taxes from private leaseholds on public lands as part of this analysis, as
appropriate.
4. Capital and Operations Funding Strategies. EPS has wide-ranging experience and knowledge of the
full range of public and private financing tools that can be leveraged to build and maintain critical
infrastructure serving the community. In addition to tax allocation bonds, as noted above, EPS can
assist the City in the evaluation and use of various land -secured financing tools (e.g., Mello -Roos
Community Facility Districts and Assessment Districts), Certificates of Participation, development
impact fees, and other resources (including grants) that can be used to assemble required capital
funding. After development, ongoing infrastructure and parks maintenance is critical to maintaining
a high quality of life for local residents and employees. In conjunction with the fiscal analysis
referenced above, EPS can advise the City on General Fund impact mitigation strategies that provide
sufficient annual revenue while ensuring market viability. Based on extensive experience assembling
financial strategies for public agencies, EPS can advise on innovative financing and related ground
leasing techniques that improve prospects for obtaining private debt and equity needed to implement
major projects.
5. Economic Impact Analysis. As needed, EPS can provide thoughtful and accurate evaluations of the
regional economic impacts of public and private investment. Using the Implan modeling framework,
EPS can evaluate the regional and local economic ripple effect of infrastructure development,
waterfront development concepts, and other potential investments. In addition, EPS can leverage its
expertise in regional economics to assist the City in formulating economic development strategies
that recognize promising industry clusters or other assets based on a careful assessment of National
City's competitive position in the regional economy.
6. Public/Private Development. EPS proposes to assist the City in the evaluation, structure, and
negotiation of public/private development concepts that will be critical to carrying out the City's
vision for the future, potentially pertaining to the Westside Specific Plan, the waterfront, and other
strategic areas. The following approach is proposed (to be modified according to specific project
circumstances):
a. Developer Selection. The CDC may call on EPS to assist in reviewing and selecting
developer proposals through due diligence to methodically document and compare the
physical, regulatory, organizational, and financial attributes of each proposal. For this
service, EPS may assist in reviewing development team qualifications, including
responsiveness to market conditions and implementation considerations, and key financial
attributes including pro forma assumptions and methodology, as well as any identified need
for public financing. EPS may develop a pro forma template as part of this process to
evaluate the market and financial feasibility of each proposal. The pro forma template would
be developed for each candidate developer's use in providing critical project information and
projections of performance. This would provide the CDC with an assessment of a
developer's initial read of market conditions, project risks, development strategies, and
financial return requirements. Based on the developer responses to issues referenced above,
and based on the weighting system agreed on by EPS and CDC staff, responses would be
Economic & Planning Systems, Inc.
m:\Proposals\18000\18648 National City On -Call Tech Support \ 18648 EPS Qualifications 12-30-08.doc
EXHIBIT "A"
Patricia Beard
December 30, 2008
Page 4
arrayed in a matrix used to compare and contrast responses. EPS will help the CDC
formulate a set of follow-up questions requesting clarification and additional information
and provide support to CDC staff in preparing for, directing, and evaluating interviews with
potential developers. Interview preparation tasks will include drafting questions through the
identification of key issues, which may differentiate development teams or projects and
reveal teams' approaches to working with public partners. In addition, EPS can be available
for these:
i. Request and assess balance sheets and income statements (cash and accrual) over a
defined period from each developer. This information will also be integrated in the
comparative analysis.
ii. Perform reference checks relative to all finalist developers during the process.
iii. Perform any necessary due diligence or site visits to further inform proposal
feasibility and the pro forma analysis.
Final selection would be based on a technical memorandum prepared by EPS that lays out
the financial capabilities of each developer, as well as the particular strengths and
weaknesses of each proposed plan from a market and financial perspective. EN would meet
with CDC staff to review the memorandum and findings and to present the results to the
Agency Board and other policy makers.
b. Negotiation Support. EN regularly participates in negotiations on behalf of public- and
private -sector clients, helping to define key transaction issues and providing technical
analyses to clarify the trade offs for each side. The primary goals are always to ensure that
the "terms and conditions" are acceptable and consistent with industry norms, while
reflecting specific recognition of risks and opportunities inherent in a given project. The key
efforts associated with this service may include these:
i. Background Data and Analysis. EPS will use any pervious background research
and analysis from the due diligence efforts described above to determine the market
and financial implications of proposed terms and conditions. EPS's work in this
regard may require focused market and financial analysis, as well as case studies,
related to the evaluation of specific terms and conditions.
ii. Strategic Analysis and Advice. Based on the analysis conducted above and
additional research as necessary, EPS will provide strategic advice as to the
acceptability of, and potential modifications to, the proposed terms and conditions.
Specifically, EPS can assist in formulating alternative deal points designed to be
acceptable and beneficial to both parties.
Negotiation support would include analysis of any financial assistance requests made by the
selected developer. EN will use pro forma analysis conducted in an open, collaborative
process with CDC staff. The purpose would be to determine the amount of assistance, if any,
required for projects to be financially viable.
EPS will pay close attention to the use of appropriate definitions of development feasibility,
including measures such as internal rate of return, return on equity, and equity and financing
requirements. The analysis will indicate the need, if any, for public financing mechanisms
and other sources of funding and incentives to help assure that development occurs. The
Economic & Planning Systems, Inc.
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EXHIBIT "A"
Patricia Beard
December 30, 2008
Page 5
analysis will also provide a basis for determining the extent to which new development will
be able to support needed public improvements and amenities the CDC desires as part of the
project.
Key Personnel
EPS Managing Principal David Zehnder will serve as Principal -in -Charge of this project, establishing analytic
frameworks that are based on specific discussions with the City and the CDC, and will provide continuous
guidance and input on all projects. EPS Senior Associate Jesse Walker will serve as Project Manager and will
conduct day-to-day project management. In addition, one or more additional staff may be identified based
on specific skill sets required to conduct different types of jobs, or to assist in identifying, collecting, and
analyzing data. Resumes are provided in the attached Statement of Qualifications.
Schedule
EPS will begin working on this project as soon as contract approval is received, and EPS will provide you
with accurate information and work products on a schedule that meets your needs.
Budget
The estimated budget to complete various jobs will be identified on a case -by -case basis. EPS charges for its
services on a direct -cost (hourly billing rates plus direct expenses), not -to -exceed basis; therefore, EPS will bill
only for the work completed up to the authorized budget amount. Travel, data, or reproduction expenses
will be billed at cost, and invoices are submitted monthly and are payable on receipt. EPS billing rates are
provided in the attached Statement of Qualifications.
Thank you again for the opportunity to propose a set of potential on -call services. I can assure you that, if
selected to perform these tasks, I will personally dedicate my time and energy to providing you with the
highest quality consulting services. In my work with your agency over the past two years, I can attest to the
dedication and commitment of the City and the CDC to position National City for growth and prosperity. If
you have questions about this proposal, please call me or Project Manager Jesse Walker at (916) 649-8010.
Sincerely,
ECONOMIC & PLANNING SYSTEMS, INC.
David Zehnder
Managing Principal
attachments
Economic & Planning Systems, Inc.
Mt \Proposals\ 18000\ 18648 National City On -Call Tech Support \ 18648 pl.doc
EXHIBIT "A"
2009 Hourly Staff Billing Rates
Managing Principal $265-$300
Principal $245
Senior Vice President $210
Vice President $195
Senior Technical Associate $160-$185
Senior Associate $165
Associate $130
Research Analyst $80-$110
Production and Administrative Staff $75
Economic & Planning Systems, Inc.
M: \ Proposals \ 18000\ 18648 National City On -Call Tech Support\ 18648 EPS Qualifications 12-30-08.dac
16
ACORD, CERTIFICATE OF LIABILITY INSURANCE
DATE IMM/DD/YY)
01/08/09
PRODUCER LIC #0619252
BB&T - Tanner Insurance Services
4480 Willow Road
Pleasanton, CA 94588-2710
INSURED
Economic & Planning Systems
2150 River Plaza Dr., Suite 400
Sacramento, CA 95833
COVERAGES
1-925-463-9672
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A. Hartford Casualty Insurance Co.
INSURER B. Hartford Casualty Insurance Co.
INSURER C Republic Indemnity Company Of CA
INSURER D Houston Casualty Company
INSURER E.Republic Indemnity of America
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 CONTRACT OR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR - TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE IMM/DD/YYI DATE IMM/DD/YYI
A GENERAL LIABILITY 57SBAZC7543
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE , X OCCUR
X Contractual Liability •
04/01/08 04/01/09
I
EACH OCCURRENCE _ $ 1,000,000
FIRE DAMAGE (Any one fire) $ 300,000
MED EXP (Any one person) $ 10, 000
PERSONAL &ADV INJURY $ SEE BELOW
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER.
X POLICY F(° LOC '
PRODUCTS - COMP/OP AGG 5 2,000,000
---
A . AUTOMOBILE LIABILITY ;57SBAZC7543
.---
ANY AUTO
ALL OWNED AUTOS
_ SCHEDULED AUTOS
X HIRED AUTOS
X NON -OWNED AUTOS
04/01/08 04/01/09
COMBINED SINGLE LIMIT $ 1, 000, 000
(Ea accident)
BODILY INJURY S
(Per person)
BODILY INJURY S
(Per accident)
PROPERTY DAMAGE S
(Per acooent)
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY. AGG $
B EXCESS LIABILITY 157SBAIC7543
X OCCUR CLAIMS MADE I i
DEDUCTIBLE
RETENTION $
04/14/08 1 04/01/09
EACH OCCURRENCE $ 1,000,000
AGGREGATE __ S
$
-
.5
C ; WORKERS COMPENSATION AND 16150805 04/01/08 ) 04/01/09
EMPLOYERS' LIABILITY
;California
X WC STATU- :OTH-;
TORY LIMITS . ..ER i
E.L EACH ACCIDENT I $ 1,000,000
r
E L. DISEASE - EA EMPLOYEE 51, 000, 000
E L. DISEASE - POLICY LIMIT ' $ 1, 000, 000
I OTHER
E 'Workers Compensation - CO17487701 04/01/08 04/01/09 $lmm/lmm/1mm
D Advertising/Personal Inj.'H7081200 04/01/08 04/01/09 Annual Aggregate S1,000,000
D Professional Liability H7081200 04/01/08 04/01/09 Annual Aggregate 51,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Community Development Commission of the City of National City are named as additional insured with respects
to the General Liability per form number SS00080405 attached to Policy 57SBAZC7543.
Workers Compensation Waiver of Subrogation applies per form WC306 1093 attached to Policy 16150805.
RE: National City On -Call Economic Analysis, EPS #18648
**This certificate supersedes previous issued certificate CNID #10835507**
*30 day notice of cancellation except 10 days for non-payment of premium.
CERTIFICATE HOLDER
ADDITIONAL INSURED; INSURER LETTER
CANCELLATION
EPS #18648
Community Development Commission of
City of National City
Attn: Brad Raulston, Executive Dir.
1243 National City Blvd.
National City, CA 91950
the
USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
A`--.1.'
ACORD 25-S (7/97) CBettencourt
10858361
ACORD CORPORATION 1988
(7)
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
WC040306
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICY (Ed. 4-84)
Waiver of Our Right to Recover From Others Endorsement - California
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. This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.
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 CERTIFICATE OF INSURANCE ALL OPERATIONS
HOLDERS FOR WORKERS' COMP
* In lieu of percentage charge to be applied to segregated payroll, we will apply a flat charge ofS 1,000 per job for
those jobs listed above.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
Republic Indemnity Company of America
Company No. 19739
Insured: ECONOMIC AND PLANNING SYSTEMS INC
Policy Number: 161508-05
Endorsement Number: 9
Endorsement Effective: April 01, 2008
Form No. WC306 10/93
Printed on: April 11, 2008
11111111111111111 I I11l 1111111111 Ill l l 111111111 Ill l
Rr1172P
11111111111111111111111111111111111111111111111111
RESOLUTION NO. 2009 — 18
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE AN
AGREEMENT WITH ECONOMIC & PLANNING SYSTEMS, INC.,
IN THE NOT -TO -EXCEED AMOUNT OF $50,000 TO PROVIDE
AS -NEEDED ECONOMIC AND REDEVELOPMENT LAW
CONSULTING SERVICES FOR A ONE YEAR PERIOD
WHEREAS, the Community Development Commission of the City of National
City (CDC) is responsible for implementing the National City Redevelopment Plan; and
WHEREAS, the Community Development Commission desires to employ a
contractor to provide as -needed economic and redevelopment law consulting services related to
various projects within the National City Redevelopment Project; and
WHEREAS, the CDC has determined that Economic & Planning Systems, Inc., is
qualified by experience and ability to perform as -needed economic and redevelopment law
consulting services.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute an
Agreement with Economic & Planning Systems, Inc., in the not -to -exceed amount of $50,000 to
provide as -needed economic and redevelopment law consulting services for a one year period.
Said Agreement in on file in the office of the City Clerk.
PASSED and ADOPTED this 20th day of January,
Ron Morrison, Chairman
ATTEST:
on, Secretary
APPROVED AS TO FORM:
7-)H. Georiser, Ill
9
Legal Counsel
Passed and adopted by the Community Development Commission of the City of
National City, California, on January 20, 2009, by the following vote, to -wit:
Ayes: Commissioners Morrison, Parra, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
munity Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-18 of the Community Development Commission of the City of
National City, California, passed and adopted on January 20, 2009.
Secretary, Community Development Commission
By:
Deputy
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE January 20, 2009 AGENDA ITEM NO. 23
ITEM TITLE
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL
CITY APPROVING AN AGREEMENT WITH ECONOMIC & PLANNING SYSTEMS, INC. FOR AS -
NEEDED ECONOMIC AND REDEVELOPMENT LAW CONSULTING SERVICES FOR A ONE YEAR
PERIOD NOT TO EXCEED $50,000.
PREPARED BY
Colby Young
Project Manager
(x4297)
DEPARTMENT
Redevelopment
EXPLANATION
Community Development Commission of the City of National City (CDC) desires to employ a contractor to
provide as -needed economic and redevelopment law consulting services related to various projects within
the National City Redevelopment Project area. The CDC has determined that Economic & Planning
Systems, Inc. is qualified by experience and ability to perform as -needed economic and redevelopment
law consulting services. Economic & Planning Systems, Inc. has performed economic and redevelopment
law consulting services to the CDC related to the Westside Specific Plan dating back to June 19, 2007.
Environmental Review NI N/A
Financial Statement
Agreement has not -to -exceed amount of $50,000. Any work done
on specific redevelopment projects will be paid for through
developer deposits.
Approved By: Clay
of FinanciDirect r
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Proposed Agreement
A-200 (9/99)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
January 26, 2009
Mr. David Zehnder
Economic & Planning Systems, Inc.
2150 River Plaza Drive, Suite 400
Sacramento, Ca 95833
Dear Mr. Zehnder,
On January 20th, 2009, Resolution No. 2009-18 was passed and adopted by the
Community Development Commission of the City of National City, authorizing
execution of agreement with Economic & Planning Systems, Inc.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Redevelopment Division
® Recycled Paper