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6 AGREEMENT WITH RETAIL REAL ESTATE RESOURCES
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
COMMERCIAL ECONOMIC ASSESSMENT SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and RETAIL REAL ESTATE RESOURCES, an individual consultant (“CONSULTANT”), whose address is 3527 Mt. Diablo Blvd #487 Lafayette, CA 94549.
RECITALS:
A. CITY desires certain Commercial Economic Assessment services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these Commercial Economic Assessment services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
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6 CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 21, 2026 and be completed on June 30, 2027.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $99,868, with $14,980 contingency (15%), for a total agreement about not to exceed $114,848, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.
SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.
Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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6 SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, volunteers, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, volunteers, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NON-ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
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6 SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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6 SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Zachary Dahl
City of San Mateo
330 W. 20th Ave
San Mateo CA, 94403
To CONSULTANT: Retail Real Estate Resources
Attn: Christine Firstenberg
3527 Mt. Diablo Blvd
Lafayette, CA 94549
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
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6 SECTION 23 - CONFLICTS
In the event of any conflict between the provisions of this Agreement and any other referenced exhibit or document attached to this Agreement, the language and terms of this Agreement shall control.
SECTION 24 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
[SIGNATURE PAGE FOLLOWS]
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6 SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California, and, in the event of litigation, venue will be in the County of San Mateo.
IN WITNESS WHEREOF, CITY OF SAN MATEO and RETAIL REAL ESTATE RESOURCES have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Alex Khojikian
City Manager
Date Christine Firstenberg
Its Authorized Agent
President
Date
APPROVED AS TO FORM
Prasanna W. Rasiah
City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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6 EXHIBIT A
SCOPE OF SERVICES
Citywide Economic Assessment Scope of Work
State Law Requirements (Rev. & Tax §7056(b)):
Consultant shall disclose information contained in, or derived from, those sales or transactions and use tax records accessible to Consultant under this Agreement only to an officer or employee of the City who is authorized by Council resolution to examine the information. Consultant is prohibited from performing consulting services for a retailer during the term of this Agreement.
Consultant is further prohibited from retaining the information contained in, or derived from, those sales or transactions and use tax records accessible to Consultant under this Agreement after this Agreement has expired. Information obtained by Consultant’s examination of sales or transactions and use tax records shall be used only for the purposes set forth in this Agreement.
Task 1- Project Initiation, Baseline Data
Kick off and Review of City documents:
A project kickoff meeting will be conducted to confirm roles and responsibilities, communication protocols, decision-making milestones, and deliverable expectations.
Retail Real Estate Resources (“Consultant”) will compile and review existing data, plans, reports, and policies relevant to retail and hospitality within the City including The General Plan 2040, Downtown Area Plan, the Economic Development Work Plan, and any Mixed- Use Development Policies. This review will help identify existing policies that may influence or be affected by the Commercial Economic Assessment on How to Economically Encourage Whole Communities
Deliverables: Kickoff meeting recap memo.
Task 2- Existing Conditions and Market Assessment
All of the tasks in Section 2 will look at city-wide economic and demographics indicators to establish baseline market conditions in the City.
Task 2.a- Citywide Demographic Analysis
Consultant will prepare a citywide demographic analysis to create a profile of San Mateo’s residents and identify the economic trends influencing commercial, retail, and hospitality activity throughout San Mateo.
A demographic profile will include; a profile of the City’s population and household trends along with income characteristics, and daytime employment and a consumer spending analysis showing the local retail spending with retail leakage. The retail leakage report will identify retail categories that may be underrepresented in the City.
Lastly, a review of national trends affecting office leasing and the neighborhood- serving type tenants that could be possible future tenants in San Mateo will be completed.
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6 Deliverables: A demographic summary and retail leakage document with a list of retail categories that are underrepresented in San Mateo.
Task 2.b- Commercial Market Assessment
This assessment is a deep dive into the commercial markets in San Mateo looking for answers to questions like: What are the unique pressures/attributes that affect vacancies in office, retail and hospitality in San Mateo? Are the retail vacancies on target for the Bay Area? Are there any rent trends that should be looked at, that could affect future City policy? How do these unique characteristics affect the retail, restaurants and service uses in San Mateo? Are the City’s mixed-use design guidelines up -o-date for creating mixed use (retail on the ground floor) projects that are leasable?
Using sales tax data made available by the City, Consultant will look at the retail performance of the top 20 retail sales tax generators to determine if their sales performance indicates a risk of closure.
• Deliverables: Vacancy and rent trends memo for retail (including restaurant and service tenants) and office. Mixed -use ground floor design guideline suggestions. A list of retail sales tax generators that could be at risk for closure due to poor sales performance, contingent upon City sales tax availability.
Task 2.c- Commercial District and Node Inventory
Consultant will tour the City’s primary commercial districts to identify commercial/retail activity nodes. The commercial districts will include; (i) Downtown San Mateo, (ii) El Camino Real Corridor, (iii) 25th Ave corridor , (iv) grocery anchored neighborhood shopping centers, and (v) 2 community commercial nodes. This city-wide tour will determine for each center/area, if there is a higher-than-normal vacancy; if there is deferred maintenance issues or physical deterioration; observable public realm conditions affecting commercial vitality; tenant composition; and possible redevelopment conditions.
• Deliverables: Retail Node Map.
Task 2.d – City of San Mateo Current Hotel Review
Consultant will begin the City’s hotel review by reviewing hotel TOT tax generated in the City limits, contingent upon receipt of City’s sales and hotel tax information. Upon review Consultant will identify the top 6 hotel properties. Consultant will tour these properties and provide a general overview of these properties position in the local hospitality industry, and an opinion as to each property’s vulnerability to redevelopment. Deliverables: an opinion as to each property’s vulnerability to Task 2.e – Review of San Mateo Event Center Information City staff will provide information on the San Mateo Event Center. Consultant will suggest how the event center can be better incorporated into the City’s hotel and commercial tenant cross marketing for the purpose of improving sales in both categories.
Task 3- Community Serving Business Analysis
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6 Task 3.a- Community Serving Business Categories
Consultant will create a category list of community and local-serving retail businesses as is normally used in the retail industry. Consultant will work with City staff to determine if this category list effectively reflects the City’s understanding of its local serving retail. Deliverables: Local Serving Retail Category list.
Task 3.b- Business Access Evaluation
To ensure the City has community serving businesses spread throughout the City in a manner that provides access to most of the City’s constituents, Consultant will evaluate where the concentration of these businesses exists and determine if this is in line with normal retail type location patterns, or if new or revised policy is needed to create new areas for local serving businesses allowing for better constituent access.
Deliverables: Map of the City where access to community-serving businesses may be limited
Task 4- Commercial Displacement and Redevelopment Pressure Assessment Task 4.a- Redevelopment Pressure and Displacement Conditions Analysis Consultant will review the submitted applications for housing on commercial sites in the City.
Consultant will drive all of the proposed housing sites to evaluate the commercial displacement.
While touring the City, Consultant will also identify commercial areas that appear to be ripe for a change of use.
If the City provides sales tax data, Consultant will estimate the potential loss of sales tax revenue associated with commercial areas that are proposed to transition to housing. In addition, Consultant will identify (with the help of City staff) the proposed housing development sites where the developer has waived the construction of retail on site using the State’s Housing Density Bonus Law.
Regarding calculating the possible sales tax loss on identified Housing Element commercial sites within San Mateo, this calculation will be done at a later time with the Community Development Department.
Deliverables: (i) a City map showing the commercials sites with housing proposals along with other commercial areas that appear ripe for change; The map will include the identification of the housing sites where developers have asked for a waiver of retail based on the State Housing Density Bonus Law. (ii) If City sales tax information is available, a memo outlining potential sales tax loss when housing is built on submitted sites will be completed.
Task 5- Stakeholder & Business Engagement
Task 5.a- Stakeholder Interviews
Consultant will conduct stakeholder outreach, (using a stakeholder list provided by the City) to better understand the local market conditions in San Mateo. Questions for stakeholders will revolve around business challenges; local business climate (including City permit process); redevelopment trends; and opportunities for commercial preservation.
Stakeholder categories should include; local property owners; commercial brokers; developers building in San Mateo; small business operators; Community organizations; Chamber of Commerce and/or the Downtown Association representatives; and City staff involved in permitting and regulation of businesses. Identified stakeholders to date include Professional Consultant Services Page 11 of 21
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6 John Hutar of the San Mateo County Convention and Visitors Bureau and the owner of Peter Pan Motors, the BMW auto dealer located in the City of San Mateo. Deliverables: A summary memo listing comments from stakeholders.
Task 5.b- Business Survey
Consultant will prepare (with the help of the City to translate the survey into Spanish and Mandarin) a business survey. Consultant will coordinate with City technology staff to upload the business survey on a City sponsored webpage.
The purpose of the survey is to gather direct feedback regarding commercial conditions and business retention and expansion concerns. Consultants will review and disseminate the results.
Deliverables: A memo recapping the survey responses with copy of the surveys attached.
Task 5.c – Hotel General manager Interviews
Outreach will be conducted to the general managers of the top 6 hotels in the City identified in Task 2.d. This is to gain a better understanding of the hotel’s annual occupancy and operational challenges, if any.
Topics to be discussed during the meetings/interviews will include the following:
Percentage breakdown of customers from business, tourism, general visitors, and special events, conferences (ex. Sporting, personal growth, health care, etc). Current operating challenges, if any
Performance for last five years
o Changes in the local market conditions since COVID that have affected occupancy and operations.
o Opportunities to increase room stays
o Perspective/opinion on San Mateo Convention and Visitors Bureau’s marketing efforts.
o Other marketing/promotion do the hotels use
o What resources and assistance would be helpful for addressing challenges and opportunities?
o What can the City do to assist with other challenges and opportunities? Deliverables: A memo summarizing the overall feedback from the focus groups and interviews in relation to the hotel’s performance within the City of San Mateo.
Task 5.d – San Mateo Event Center Interview
One 30 min interview will be conducted with Dana Stoher of the San Mateo Event Center determine the current operating challenges and opportunities that impact the capacity for additional events/programs. Consultant will ask about any opportunities for increasing synergy and partnerships with the City and cross marketing opportunities with hotels, restaurants, and other local entities.
Deliverables: A short memo that provides an overview of the interview and the feedback received.
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6 Task 6- Best Practices & Comparative Case Studies
Task 6. National Best Practices
Consultant will contact the ICSC Community Advancement Services to request examples of national programs for strengthening locally serving commercial tenants/districts to determine their inclusions; their effectiveness; and the participation of the cities. Deliverables: a summary of the list of national cities that have implemented programs for the purpose of strengthening locally serving tenants and districts, and a recap of activities that the corresponding city had to take to bring about such solutions.
Task 7- Strategic Recommendations & Policy Suggestions
Consultant will write a summary memorandum, with the top 10 recommendations, using the previous deliverables as exhibits, and outlining suggested strategies and tools including:
Business Retention Strategies- Implementation-oriented strategies to support small businesses and neighborhood serving retail uses. Commercial Preservation Tools- Consultant will evaluate current policy tools in the City of San Mateo, intended to preserve locally serving retail uses. Redevelopment Mitigation Strategies- In this environment of State housing laws, there are very few redevelopment mitigation strategies that do not include financial compensation to the tenants needing to move. But Consultant will speak with other cities to determine if any city has found other ways in which to effectively help tenants relocate when redevelopment occurs at their site.
Economic Development Work Plan Coordination - Consultant will coordinate findings and suggestions with the current ED Workplan.
Economic Development Strategies- Consultant will evaluate economic development policies and practices intended to support long-term business attraction, retention and commercial vitality that are relevant to San Mateo businesses.
This will include suggestions on how to incorporate the San Mateo Event Center’s marketing events into programs to improve occupancy and sales volumes at City hotels and retail tenants.
Hospitality Asset Retention and Conversion Considerations– Consultant will identify hotel properties that may be candidates for conversion to housing.
Consultant can provide proactive ideas and actions the City could initiate to retain hotels considering conversion to housing.
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6 EXHIBIT B
FEE RATES
City of San Mateo Scope Matrix Hours $250.00 $195.00
SC-
$95/HR
Task 1 - Project Initiation, Baseline Data
In person Kick-off Meeting 6 hrs 2 2 2
Review existing data/plans/reports/etc as outlined in
scope
15 hrs 5 5 5
Review City policies that could affect small business
in the future. 8 hrs 3 4 1
Compile notes and relevant information for recap into
a memo. 2 hrs 0 0 2
write memo . 8 hrs 4 3 1
SUB-TOTAL OF HRS- 39 14 14 11
Deliverables: Kickoff meeting recap memo
Meetings: 1
Task 2 - Existing Conditions and Market Assessment
2.a - Citywide Demographic Analysis
Gather and analyze demographic reports for office,
retail and hospitality 6 hrs 3 1 2
Run Placer ai reports for consumer spending/leakage 8 hrs 4 4
Calculate leakage spend for retail tenant store
formation 6 hrs 6
Identify retail categories underrepresented in the City to identify leakage 7 hrs 3 1 3
Research national trends for office and neighborhood
serving retail leasing, along with hospitality trends.
Identify how these trend might affect the commercial
(Office, retail and hotel) landscape in the future. 10 hrs 3 3 4
SUB-TOTAL OF HRS 37 19 5 13
Deliverables:
A Demographic summary and retail leakage report
with a list of retail categories that are
underrepresented in San Mateo.
Meetings: 00 hrs
2.b - Commercial Market Assessment
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6 Research commercial markets in San Mateo - Identify vacancies, rent trends, other unique characteristics
20 hrs 8 6 6
Determine how the various conditions of the commercial market will affect commercial uses in San Mateo. 6 hrs 5 1
Review City's mixed-use design guidelines 2 hrs 2 0 0
Determine if current mixed-use guidelines for the retail spaces will result in leasable retail in mixed use projects. 1 hr 1 Prepare an office and retail vacancy and rent trends memo 7 hrs 4 1 2
**Review provided data to examine retailer performance of top 20 retail sales tax generators 5 hrs 2.5 2.5 0
**Analyze top 20 retail tenants to determine if at risk of closure based on sales performance 6 hrs 3 3 0
**Provide a list of retailers at risk of closure due to poor sales performance for the memo. 1 hr 1 0 0
SUB-TOTAL OF HRS
48 HRS 26.5 13.5 8
Deliverables:
Vacancy and Rent Trends memo for retail (including restaurant and service tenants) and office. Mixed-Use Ground Floor Design guideline suggestions. List of retail sales tax generators that could be at risk for closure due to poor sales performance, contingent upon sales tax availability.
*** Sales tax data must be made available for these tasks.
2.c - Commercial District and Node Inventory
Tour City's primary commercial districts to identify retail nodes. 10 hrs 4 3 3
Gather information on the City's 6 primary commercial districts identified in scope
15 hrs 4 4 7
Run at least 2 Placer ai reports for each node to determine typical activity performance of the retail nodes
15 hrs 0 015
Compile and analyze information obtained for nodes, retail districts and Placer.ai data for proper listing of retail nodes 8 hrs 4 4 0 Develop and Prepare Retail Node Map 7 hrs 2 0 4
SUB-TOTAL OF HRS 54 14 1129
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6 Deliverables: Retail Node Map.
2.d - City of San Mateo Current Hotel Review
Review annual hotel TOT tax generated w/in city limits for past three years.
7 hrs 3.5 3.5 0
After review , Consultant will research the top 6 hotel properties. 10 hrs 2 2 6
Tour the 6 hotels and gather necessary information and data 9 hrs 3 3 3
Analyze the information and provide a general overview of each hotel within the local hospitality industry.
15 hrs 7 8 0
Determine property's vulnerability for redevelopment.
15 hrs 5 5 3
write opinion memo
6 hrs 4 1 1
SUB-TOTAL OF HRS 60 24.5 22.513
Deliverables:
An opinion as to each property's vulnerability to redevelopment with an overall view of the current hotel market in the Bay Area.
2.e - Review of San Mateo Event Center Information
Review of City provided info on Event Center 1 2 1
Identification of ideas for cross marketing Event Center with local hotels and tenants. 2 3 1
Write short memo 2 3 1
SUB-TOTAL HRS 16 5 8 3
Deliverables:
short memo on possible cross marketing between event center and City's hotels and retail tenants.
Task 3 - Community Serving Business Analysis
3.a - Community Serving Business Categories
Pull industry data for retail categories
4 hrs 2 0 2
Create a category list of types of community and local-serving retail businesses based on the research
5 hrs 2 0 3
Review prepared category list with City staff to determine if it reflects City's understanding of its local serving retail
3 hrs 1 2 0
Prepare final list
3 hrs 1 0 2
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6 SUB-TOTAL HRS
15 HRS 6 2 7
Deliverables: Local Serving Retail Category List.
3.b - Business Access Evaluation
Once city staff and Consultant approve definition of locally serving retail desired, Consultant will research the location of such tenants within the city
12 hrs 4 2 6
Map the concentration of these businesses 8 hrs 1 0 7
Determine if it aligns with normal patterns or if policy makers should focus on this. 3 hrs 3 0 0
Identify areas where the concentration of these businesses is abnormally low 8 hrs 2 2 4
Highlight the map where the concentration of these businesses are limited 4 hrs 0 0 2
SUB-TOTAL HRS 33 10 419
Deliverables:
Map of the City where access to community-serving businesses may be limited.
Task 4 - Commercial Displacement and Redevelopment Pressure Assessment
4.a - Redevelopment Pressure and Displacement Conditions Analysis
Review all submitted applications for housing on commercial sites in City 6 hrs 5 0 1
Physically visit all of the proposed housing sites 9 hrs 3 3 0
With information gathered on the tour, evaluate potential commercial displacement
10 hrs 2 2 5
Identify commercial areas primed for change of use 2 hrs 2 0 0
Prepare a map identifying transitioning commercial areas based on the gathered info
12 hrs 4 0 8
**If City authorizes sales tax review, Consultant will estimate the potential loss of sales tax revenue on the sites with housing applications submitted.
15 hrs 7 5 3
**Prepare a memo with the associated findings of sales tax loss for commercial area conversions
12 hrs 9 3 1
SUB-TOTAL HRS 65 341318
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6 Deliverables:
(i) A city map showing the commercial sites with housing proposals along with other commercial areas that appear ripe for change; On such map, identification of the housing sites wherein developers have asked for a waiver of retail based on the State Housing Density Bonus Law.
**(ii) Using sales tax information, a memo outlining potential sales tax loss when housing is built on the submitted sites.
Task 5 - Stakeholder & Business Engagement
5.a - Stakeholder Interviews
Review stakeholder outreach list provided by the City (to be limited to 15 contacts)
2 hrs 1 1 0
Schedule stakeholder outreach calls/appointments
10 hrs 0 07.5
Prepare questions for stakeholders around topics outlined in the Scope and get City staff approval
10 hrs 5 5
Stakeholder Outreach
15 hrs 7 8 0
Prepare Summary Memo
10 hrs 2 7 1
SUB-TOTAL HRS 44.5 15218.5
Deliverables: A summary memo listing comments from stakeholders.
5.b - Business Survey
0 Prepare a business survey to help gather direct feedback on commercial conditions and business retention concerns
8 hrs 2 5 1
Coordination with City technology staff for loading of the survey onto a City sponsored webpage.
7 hrs 0 3 4
Review results and follow up with business person for any clarifications where possible.
5 hrs 1 3 1
Summarize the feedback received from the business survey. 4 hrs 1 2 1
Write a recap memo on the survey responses with the completed surveys attached.
8 hrs 2 5 1
SUB-TOTAL HRS 32 618 8
Deliverables:A memo recapping the survey responses with copy of the surveys Professional Consultant Services Page 18 of 21
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6 attached.
5.c - Hotel General Manager
Interviews
Research and identify the general
managers of the top 6 hotels within the
City based on TOT generation. 6 hrs 1 1 3
Outreach to managers of the 6 hotels to
set up meetings and interviews 4 hrs 0 0 3
Conduct meetings and interviews with
the hotel managers to gain a deeper and
direct understanding of how the hotels
are performing in the City based on the
topics outlined in the scope. 6 hrs 3 3 0
Summarize and analyze the information
received from the hotel managers. 6 hrs 3 3 0
Based on the comments received - write
a summarizing memo outlining feedback
from hotel general managers. 8 hrs 3 4 1
SUB-TOTAL HRS 28 10 11 7
Deliverables:
A memo summarizing the overall
feedback from the focus groups and
interviews in relation to the hotels
performance within the City of San
Mateo.
5.d - San Mateo Event Center
Interview
Review of questions for Event Center
General Manager with City Staff 2 hrs 1 1 0
Set up and hold Interview with Dana
Stoher of Event Center 3 hrs 1 1 1
Write Memo 2 hrs 1 1 0
SUB-TOTAL HRS 7hrs 3 3 1
Deliverables:
Memo providing an overview of interview
with Danda Stoher.
Task 6 - Best Practices & Comparative Case
Studies
6.- National Best Practices
Contact ICSC Community Advancement
Services to request examples of national
programs for strengthening locally
serving commercial tenants/districts 2 hrs 2 0 0
Research and outreach to the identified
cities 10 hrs 5 3 2
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6 Prepare a summary memo identifying
the cities with Community Advancement
Programs, what the programs included
and if they were successful in
strengthening the locally serving retail
tenants as intended by the cities. 10 3 3 1
SUB-TOTAL HRS 19 10 6 3
Deliverables:
A summary of the list of national cities
that have implemented programs for the
purpose of strengthening locally serving
tenants and districts, and a recap of
activities that the corresponding city had
to take to bring about such solutions.
Task 7 - Strategic Recommendations & Policy
Suggestions
Review all previously completed memos,
reports, and deliverables 6 hrs 3 3 0
Using the previous deliverables,
compiling research, discussing findings
and identifying strategies for Business
Retention, Commercial Preservation,
Mitigating Commercial Redevelopment,
including looking at the Economic
Development Work Plan, develop a
Summary Memo that sets out
implementable solutions for Economic
Development staff to execute within the
City to accomplish the Economic
Development goals and retention of
small businesses. 27 hrs 14 8 5
SUB-TOTAL HRS 33 17 11 5
Deliverables:
A full summary memorandum, including
the top 10 recommendations, covering
business retention strategies,
commercial preservation tools,
redevelopment mitigation strategies,
economic development strategies, and
hospitality asset retention and
conversion considerations.
Subtotal;530.50
hrs 214 hrs 163 hrs 153.50 hrs
TOTAL:
$99,867.50 $53,500 $31,785 $14,582.50
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6 EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, 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: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, volunteers, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, volunteers, and agents.
Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, volunteers, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
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6 Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.