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Attach 4 - Contract - 21-019_-_HdL_ECONSolutions_-_COVID-19_ARPA_Funds_Use__Administration

Hercules City Council
April 26, 2022

Document
Attach 4 - Contract - 21-019_-_HdL_ECONSolutions_-_COVID-19_ARPA_Funds_Use__Administration
Meeting
April 26, 2022
Body
Hercules City Council
Pages
7
Original file
1.2 MB
Text extracted from the city's file for reading and search. Open the original on hercules.legistar1.com. That file is the official record.

Professional Services Agreement Agreement No. <21-019-CM> City Attorney Approved, 112717 COVID-19 ARPA Funds Use & Administration

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CITY OF HERCULES

PROFESSIONAL SERVICES AGREEMENT

This Agreement (“Agreement”) for professional services is made on June 29, 2021, between the City of Hercules, a California municipality (“City”), and Hinderliter de Llamas & Associates (HdL), a Corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.

2. Term. This Agreement will become effective on June 29, 2021 (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated soone r in accordance with Section 10 of this Agreement .

Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.

3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed Forty Nine Thousand Five Hundred Dollars ($49,500), without prior written authorization by City, pursuant to the terms set forth in Attachment A on Payment, which is attached to and incorporated in this Agreement. Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment A, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.

3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services ; and the basis for calculating the amount due.

3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Con sultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services .

Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.

4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the ma nner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.

Agreement No. 21-019-CM
DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8

Professional Services Agreement Agreement No. <21-019-CM> City Attorney Approved, 112717 COVID-19 ARPA Funds Use & Administration

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5. Consultant’s Warranties.

5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practic es and standards for Consultant’s profession in the Bay Area.

5.2 Consultant warrants that all Services provide d under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.

5.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.

5.4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy.

6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other Party by personal delivery, U.S. Mail, a reliable overnight deliv ery service, or by e mail as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:

City: Consultant:

City of Hercules Hinderliter de Llamas & Associates (HdL) 111 Civic Drive 120 S. State College Blvd., Suite 200
Hercules, CA 94547 Brea, CA 92821
(510) 799-8200 (714) 879-5000
Attn: City Clerk Attn: Barry Foster
[email protected] [email protected]
Copy to: _____________________ Copy to: _____________________ Email: _______________________ Email: _______________________

7. Indemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.

Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.

7.1 To the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “ Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages o r compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.

DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8

Professional Services Agreement Agreement No. <21-019-CM> City Attorney Approved, 112717 COVID-19 ARPA Funds Use & Administration

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7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “ Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.

8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insur ance coverage required by this S ection in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.

8.1 The following insurance policies and limits are required for this Agreement:

8.1.1 Commercial General Liability Insurance (“CGL”) . CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of S ervices under this Agreement, with limits of at least $1,000,000.00 per occurrence.

8.1.2 Automotive. Commercial automotive liability coverage for owned, non - owned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.

8.1.3 Workers’ Compensation Insurance and Emp loyer’s Liability . The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.

8.1.4 Professional Liability. This insurance must insure against Consultant ’s errors and omissions in the provision of Services under this Agreement , in an amount no less than $1,000,000.00 combined single limit.

DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8

Professional Services Agreement Agreement No. <21-019-CM> City Attorney Approved, 112717 COVID-19 ARPA Funds Use & Administration

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8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.

8.3 The CGL policy and the automotiv e liability policy must include the following endorsements:

(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “ Additional Insured ”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement.

(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.

(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.

(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self -insurance will be called upon to protect it as a named insured.

9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.

9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.

9.2 Good faith participation in mediation pursuant to this S ection is a condition precedent to either Party commencing litigation in relation to the dispute.

10. Early Termination.

10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.

10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8

Professional Services Agreement Agreement No. <21-019-CM> City Attorney Approved, 112717 COVID-19 ARPA Funds Use & Administration

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effective date of termination , specifying the reason a nd the effective date of th e termination.

Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that p ayment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.

11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.

12. Records. Unless otherwise specified in Attachment A, C onsultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary .

Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Co nsultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.

13. General Provisions.

13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.

13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.

13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.

13.4 Choice of Law and Venue . This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.

13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.

13.6 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.

13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.

13.8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8

Professional Services Agreement Agreement No. <21-019-CM> City Attorney Approved, 112717 COVID-19 ARPA Funds Use & Administration

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is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.

13.9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.

13.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the Party waiving the brea ch, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.

13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the Party delayed, excluding financial inability (“ Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.

13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement.

13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.

[Signature page follows.]

DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8

Professional Services Agreement Agreement No. <21-019-CM> City Attorney Approved, 112717 COVID-19 ARPA Funds Use & Administration

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The Parties agree to this Agreement as witnessed by the signatures below:

CITY: Approved as to form:

s/_______________________________ s/__________________________________

________________________________ ___________________________________ Steven Falk, Interim City Manager Patrick Tang, City Attorney

Date: ___________________________ Date: ______________________________

Attest:

s/_______________________________

_________________________________
Name/Title

Date: ___________________________

CONSULTANT: Hinderliter de Llamas & Associates (HdL)

s/_______________________________

_________________________________
Name/Title

Date: ____________________________

s/_______________________________

_________________________________
Name/Title

Date: ____________________________

Attachments:

Attachment A: Scope of Services & Payment
DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8 7/7/2021
7/7/2021
Andrew Nickerson President/CEO
7/7/2021
City of Hercules – Proposal &
Qualifications for COVID-19
Relief & Economic Recovery
Program Administration for
American Rescue Plan Act
Submitted By:

HdL ECONSolutions
120 S. State College Blvd., Suite 200
Brea, CA 92821
www.hdlcompanies.com
Contact:

Barry Foster, Principal/Managing Director
714.879.5000
[email protected]
Attachment A
Scope of Services & Payment
Agreement No. 21-019-CM
COVID-19 ARPA Funds Use & Administration
DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8 City of Hercules-Proposal/Qualifications for COVID-19 Relief & Economic Recovery Program Administration 6/8/2021 1 I. LETTER OF TRANSMITTAL
June 8, 2021
RE: Proposal/Qualifications for COVID-19 Relief & Economic Recovery Program Administration
Steve Falk, Interim City Manager
City of Hercules
111 Civic Drive
Hercules, CA 94547
Mr. Falk:

Thank you for the opportunity to present a proposal & our qualifications to the City of Hercules to assist with COVID -19 Relief and Economic Recovery Program Administration per the American Rescue Plan Act (ARPA) . Hinderliter de Llamas Associates (HdL) is a 37 -year old consulting firm with corporate offices in Brea California, along with offices in Pleasanton , Fresno, San Dimas, as well as offices outside of California in Texas, Colorado, Georgia and Alabama. HdL is a highly respected consulting firm working in sales ta x, property tax, tax & fee administration, revenue analysis, economic development and cannabis management. HdL ECONSolutions was formed by HdL in 2014 to provide a variety of ec onomic development products, services and special projects in further serving local governments. HdL ECONSolutions has done work for 125 local governments in California and presently is working for 20 California cities and a few private sector developers on a variety of economic development related services. Additionally, HdL is ass isting five cities with ARPA including Los Altos, Lafayette, Oakley, Hawthorne and Canyon Lake, along with several more coming soon.

HdL ECONSolutions is well positioned to assist Hercules with developing a Strategy for COVID-19 relief and use of federal stimulus funding coming from the recently enacted American Rescue Plan Act (ARPA), as well as administration of programs related to this program. During the past year, HdL ECONSolutions has worked with several cities to deal with the COVID-19 Pandemic and the negative economic impact it has delivered to cities and especially their business communities. HdL ECONSolutions has prepared Economic Recovery Action plans for the California cities of Eastvale, Menlo Park and Pacific Grove, as well as reopening plans for Calimesa and Cupertino. Additionally, we have assisted in several small business relief grant programs to deal with COVID-19 and the Pandemic. Again, we’re also presently working with five cites with ARPA support including Los Altos, Lafayette, Oakley, Hawthorne and Canyon Lake.

Please feel free to call me if you have questions or require additional information. I can be reached at 951.233.0414 or by email at [email protected]. If HdL ECONSolutions is elected to do the work in Hercules, I will serve as the Project Manager, with significant support from Angela Tsui, Senior Advisor (who is based in Pleasanton CA).

Sincerely,
Barry Foster
Principal/Managing Director
Agreement No. 21-019-CM
COVID-19 ARPA Funds Use & Administration
DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8 City of Hercules-Proposal/Qualifications for COVID-19 Relief & Economic Recovery Program Administration 6/8/2021

2 II. KEY PERSONNEL

Team of Professionals for the Hercules Project

For the Hercules project, HdL ECONSolutions will use a team of four professionals that have more than 60 years of experience working in economic development and public administration.

HdL ECONSolutions Team
Barry Foster
Barry Foster has more than 35 years of local government experience including nearly 30 years in Southern California working for t he cities of Moreno Valley, Rancho Mi rage, Monrovia, and Loma Linda, as well as nearly 7 years with the HdL Compan ies. Mr. Foster has more than 29 years of economic development experience. As a Principal & Managing Director with HdL, Barry Foster started the ECONSolutions Division for HdL and has worked with 120 local governments in a variety of economic development related services. Additionally, he worked as a Development Consultant with five developers and retail advisors in Southern California. Over the years, he has helped facilitate more than 32 million square feet of new development projects including logistics -distribution, shopping centers, commercial retail/office, medical -healthcare, hotels, and auto centers. Mr. Foster is member of the International Council of Shopping Centers, as well as being a past President of the Municipal Management Assistants of Southern California (MMSASC). He holds a Bachelor of Science degree from Minnesota State University- Mankato and a Master of Public Administration from the University of Kansas.

Angela Tsui
Angela Tsui came to work for HdL in 2019 as a Senior Advisor working out the Pleasanton office.

Before working for HdL, Ms. Tsui worked over 22 years in the public sector, including for the cities of Fremont and Cupertino, where she was the Economic Development Manager for 7 years.

With HdL ECONSolutions, Angela has worked on numerous studies and is the primary economic development staffing person for the cities of Cupertino and Menlo Park. Additionally, Angela has recently worked on Economic Recovery Action Plans for the cities of Eastvale, Menlo Park and Pacific Grove, as well as numerous programs and issues related to the Pandemic and economic recovery efforts in Cupertino. Angela holds a Bachelor of Arts degree in Political Science from the University of California-Berkley.

Fienna Cheng
Fienna Cheng joined HdL early in 2020 and works on a variety of analytics and revenue analysis project, as well as supporting the divisions administration needs. Ms. Cheng has experience in the private sector in the healthcare and insurance industries. Fienna received a Bachelor of Arts in Economics from the University of California Irvine.

Jason Moncayo
Jason Moncayo joined HdL in 2020. Jason recently received his Master of Public Administration from the University of Southern California and has his undergraduate degree from California State University at Fullerton.

Agreement No. 21-019-CM
COVID-19 ARPA Funds Use & Administration
DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8 City of Hercules-Proposal/Qualifications for COVID-19 Relief & Economic Recovery Program Administration 6/8/2021

3 III. QUALIFICATIONS AND SCOPE OF WORK

Qualifications

HdL and the HdL ECONSolutions Team are uniquely qualified to assist the City of Hercules with work related to COVID-19 relief and formulating an economic recovery program, along with administration support with funding coming from the American Rescue Plan Act (ARPA).

• HdL ECONSolutions has significant experience working with California cities to help deal with COVID-19 and the Pandemic and economic recovery efforts including working on Economic Recovery Action Plans (ERAP’s) for the cities of Eastvale, Menlo Park and Pacific Grove, as well as numerous small business grant programs and focused economic recovery strategies. HdL is currently assisting five cities with ARPA support including Los Altos, Lafayette, Oakley, Hawthorn and Canyon Lake, along with several more cities coming on soon. • HdL ECONSolutions is recognized as one of the leading consultants in the economic development field in California, having worked with 120 local governments on a variety of programs and projects during the past 7 years.
• The HdL ECONSolutions Team is highly experienced in economic development and brings over 60 years of experience in economic development, along with working for and with cities. Barry Foster, a Principal and Managing Director will serve as the Project Manager for the Hercules project. • HdL is a premiere consulting firm in California and is presently working with over 400 local governments and is recognized as a leader in sales tax and property tax management, budgeting and revenue projections, tax & fee administration, economic development and cannabis management.

References

The following is a sampling of references appropriate for the Lafayette project.

City of Lafayette
• Niroop Srivatsa, City Manager 925.299.3206
City of Menlo Park
• Starla Jerome-Robinson, City Manager 650.330.6610

City of Oakley
• Joshua McMurray, Interim City Manager 925.625.7004

City of Pacific Grove
• Ben Harvey, City Manager 213.364.2699
Scope of Work

The following represents the scope of work for the project.

Agreement No. 21-019-CM
COVID-19 ARPA Funds Use & Administration
DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8 City of Hercules-Proposal/Qualifications for COVID-19 Relief & Economic Recovery Program Administration 6/8/2021

4 HdL ECONSolutions believes the most effective scope of work for the project in Hercules to expend the $6,285,778 in Federal funding from the American Rescue Plan should focus on formulating a comprehensive COVID-19 Relief & Economic Recovery Program for both near term and lasting economic recovery including but not limited to the following components.

Task 1
• Assist city professional staff with understanding submission to State and Federal Government for ARPA funds.
• Assist the City of Hercules in designing and developing a Recovery Strategy (the ‘Strategy’) to effectively expend the $6,285,778 coming to the City of Hercules from the American Rescue Plan Act (ARPA). Tactics for doing so will include site inspections of public facilities and local circumstances, using citizen surveys and community outreach, and meeting with key stakeholders such as City Council members, City staff, the Chamber of Commerce, developers and local business representatives from the hardest hit business sectors.

Task 2
• Screen ARPA expenditures and serve as on-call resource, as necessary, to ensure that Hercules’ ARPA expenditures are consistent with ARPA rules and guidelines. Assist the professional city staff in the development of protocols and systems that ensure expenditures are appropriate and qualify for ARPA funding.
• Assist the professional city staff in establishing procedures for using, tracking, coding and reporting ARPA expenditures to the Federal Government. Provide assistance to city professional staff, as necessary, with any preparation of an audit or ARPA compliance reports.

IV. COMPENSATION

Understanding the effort and time commitment to undertake the two tasks identified above is challenging, so therefore HdL is suggesting doing the work on an hourly basis, with a not -to-exceed amount, plus a 10% overall contingency.

Task 1
Not-to-exceed amount of $31,000

Task 2
Not-to-exceed amount of $14,000

Hourly Consulting Rates
Staff Position Hourly Rate
Principal $250
Sr. Advisor $180
Analyst $100

Total Estimated Cost=$45,000

10% Contingency=$4,500

Total Compensation – Not-to-Exceed $49,500
Agreement No. 21-019-CM
COVID-19 ARPA Funds Use & Administration
DocuSign Envelope ID: DB47B59A-114A-4E85-BF6F-67C011D4D3A8

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