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Att B - AGR Natelson Dale Group Economic Development Strategy 01162024

San Pablo City Council
January 16, 2024

Document
Att B - AGR Natelson Dale Group Economic Development Strategy 01162024
Meeting
January 16, 2024
Body
San Pablo City Council
Original file
2.0 MB
Text extracted from the city's file for reading and search. Open the original on sanpablo.legistar1.com. That file is the official record.

Updated: 10/23 Page 1

CITY OF SAN PABLO

AGREEMENT FOR CONSULTING SERVICES

THIS AGREEMENT (“Agreement”), effective the ____ day of January, 2024 (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, ( “City”), and The Natelson Dale Group, Inc , (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

RECITALS

WHEREAS, the City desires to engage a consultant to provide economic development services to the City (“Services”) as further set forth in this Agreement;

WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and

WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.

NOW, THEREFORE, Consultant and the City agree as follows:

TERMS AND CONDITIONS
(1) Scope of Services.

A. Scope of Services. Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City’s Request for Proposals, dated September 25, 2023 and any addenda thereto (“RFP”), attached as Exhibit A and incorporated herein, and the scope of services set forth in Consultant’s proposal dated November 16, 2023 (“Proposal”), attached as Exhibit B and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFP, the Proposal, and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”

B. Quality of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If, during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitutes a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s acceptance of Services performed under this Agreement will not operate to waive or release Consultant’s obligation under this paragraph.

Updated: 10/23 Page 2

C. COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to comply with a ll City’s current COVID policies on-site as they may be amended from time to time.

D. Time is of the Essence. In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”

E. Primary Service Provider . The City has approved of Roger Dale, Managing Principal as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.

F. Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.

Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.

3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify under penalty of perjury that the information in the record is true and correct, and Updated: 10/23 Page 3
that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payrol l records to the Labor Commissioner as required under California law and regulations.

4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.

5. DIR Monitoring, Enforcement, and Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the DIR to perform public works projects.

The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.

(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant a sum not to exceed Forty-Nine Thousand Nine Hundred Fifteen Dollars ($49,915) as follows:

Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.

(3) Additional Services. In addition to the S ervices included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services performed without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record -keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.

(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on June 30, 2024. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.

Updated: 10/23 Page 4
(5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:

Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services

None None

(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its a gents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplis h City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are necessary to complete a client engagement.

Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s services after expiration of the Term or term ination of this Agreement, Consultant must enter into a new agreement.

(7) Billings. Consultant's invoices must include the following information: (a) a brief description of S ervices performed, including any Additional Services ; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed ; (f) the total paid to date; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.

Except as specifically authorized by City, Consultant will not bill City for duplicate S ervices performed by mor e than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3) , above.

Consultant is solely responsible for its office and overhead costs , including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Consultant in the performance of this Agreement.

(8) Advice and Status Reporting. Consultant will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the S ervices provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and information.

Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement.

Updated: 10/23 Page 5

(9) Retention of Records. Consultant’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use . This Section (9) will survive expiration of the Term or termination of the Agreement.

(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any document or written report prepared by Consultant for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcont ract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or reports.

(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as may be due. Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.

(12) Access to Records; Audits . The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.

(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant ’s Services.

This Section (13) will survive expiration of the Term or termination of the Agreement.

(14) Assignment of Personnel . Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.

Updated: 10/23 Page 6
(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants 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 a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agre ement or to fulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.

A. Policies and Limi ts. Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:

1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. General aggregate limit shall be twice the required occurrence limit .

The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.

2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.

3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, t he policy must comply with the requir ements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.

4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.

Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage sufficient to cover all Services provided by the Consultant for this Agreement, and the coverage must continue in effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be on or before Updated: 10/23 Page 7
the Effective Date of the Agreement.

b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.

c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage.

d. A copy of the claim reporting requirements must be submitted to the City before Consultant may begin performing Services under this Agreement.

B. Required Endorsements. The insurance provided by Consultant must include the following endorsements as specified below. The endorsements must be executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided, specified, or approved by the City. As an alternative to the City’s forms, the Consultant’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.

1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

a. The City, its office rs, officials, employees, and volunteers (“ Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals f orm CG 20 07 may be used.

Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Consultant is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Consultant to co mply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.

Updated: 10/23 Page 8

2. Notice: Each insurance policy required by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least thirty ( 30) days written notice to the City, unless due to non- payment of premiums, in which case ten (10) days written notice is required.

3. Waiver of Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.

C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .

Before beginning performance of the Services, Consultant must disclose the amounts of the deductibles and self-insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions with respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Subconsultants or S ubcontractors. Consultant must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Consultant under this Section (15), with respect to its performance of Services, including the required endorsements. Consultant must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Consultant must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Consultant insurance obligations.

(16) Indemnification. The terms and conditions set forth in subsection 16(A) , below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if the Services to be provided by Consultant are “design professional” services as us ed and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).

A. Indemnification by Non-Design Professionals. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Consultant, its officers, employees, agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, Updated: 10/23 Page 9
and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.

1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and distinct obligation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified P arty, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.

2. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the Calif ornia Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

3. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

5. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

B. Indemnification by Design Professionals. Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the S ervices to be provided under this Agreement are to be performed by a “design professional, ” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and liability of every nature , including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs Updated: 10/23 Page 10
shall not exceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.

1. In the event that Consultant or any employee, a gent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

2. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

4. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the Term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.

(18) Employment Practices.

A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.

B. Compliance With Law . Consultant represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Consultant shall not discriminate in the em ployment of any person Updated: 10/23 Page 11
because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement . In performing Services and providing services under this Agreement, Consultant shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.

(19) Local Subcontracting – Outreach. Consultant shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.

(20) Termination.

A. Termination for Convenience. City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Consultant of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Consultant, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 37), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Consultant shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Consultant or its employees, or services of others ordered by the Consultant or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others.

Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City . The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this A greement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services , as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.

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C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudule nt or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplish the desired objectives.

(21) Ownership of Materials. Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additi onal charge and without restriction or limitation on their use consistent with the intent of the original design.

(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the P arties to amend the terms and conditions of this Agreement.

(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this A greement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, delive r to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.

Consultant agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Consultant, but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Consultant under the Agreement had Consultant completed the Services.

(24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.

(25) No Third- Party Rights. The Parties do not i ntend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.

(26) Severability. Should any part of this A greement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.

(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Consultant warrants that all Services done under this A greement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.

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(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California , and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394.

(29) Breach. In the event that Consultant fails to perform any of the S ervices described in this Agreement or otherwise breaches the A greement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either P arty's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’s fees.

(30) Inspection by Other Agencies. Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.

(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this A greement. Where City Manager determines, based on facts provided by C ity staff, that Consultant meets the criteria of section 18701 of the FPPC regu lations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.

(32) Copyright. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright to work created pursuant to this A greement. The issuance of a patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.

(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This A greement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.

(34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.

(35) Counterparts. This Agreement may be executed in duplicate counterparts.

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(36) Multiple Copies of Agreement . Multiple copies of this A greement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.

(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:

To Consultant: Roger Dale, Managing Principal
The Natelson Dale Group
P.O. Box 489
Yorba Linda, CA 92886

To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806

Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.

Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.

(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.

___ This Agreement is subject to federal funding. See Exhibit C. _X__ This Agreement is not subject to federal funding.

(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.

__ This Agreement is subject to funding by Caltrans. See Exhibit D. _X_ This Agreement is not subject to funding by Caltrans.

IN WITNESS WHEREOF, Consultant has executed this A greement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.

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APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation

By _______________________________ By ___________________________________ Brian P. Hickey, City Attorney Matt Rodriguez, City Manager

Date signed: _______________________ Date signed:___________________________

THE NATELSON DALE GROUP, INC

By ___________________________________
Roger Dale, Managing Principal

Date signed:___________________________
ATTEST:

By _______________________________ Date signed:___________________________ Dorothy Gantt, City Clerk

Attachments: Exhibit A: Request for Proposals, dated September 25, 2023 Exhibit B: Consultant’s Proposal, dated November 16, 2023

Updated: 10/23 Page 16
Exhibit A
Request for Proposals dated September 25, 2023

R

EQUEST FOR QUALIFICATION / REQUEST FOR PROPOSALS
City of San Pablo Economic Development Strategy
September 25, 2023
PROPOSALS DUE: November 16, 2023
A preliminary Statement of Interest is due by October 9, 2023 at 4 P.M. to receive addenda (if any). Please email Statement of Interest to Elizabeth Lopez a t [email protected].

T
he City of San Pablo (“City”) invites qualified firms, partnerships, corporations, associations, persons or professional organizations (collectively, “Respondents”) to respond to this combined Request for Qualification and Request for Proposal (“RFQ/RFP”) to develop a comprehensive Economic Development Strategy (“Plan”) for the City.

I
nterested firms or persons are invited to submit their qualifications and proposals in response to this RFQ/RFP as described below, with one (1) electronic copy on a USB drive, and three (3) bound copies of requested materials addressed to:

C
ity of San Pablo
Attention: City Clerk’s Office
1000 Gateway Avenue
San Pablo, CA 94806
All responses must be received by November 16, 2023 not later than 4:00 p.m.

Proposals will not be accepted after the deadline.

This RFQ/RFP is not a formal request for bids or an offer by the City to contract with any party responding to this RFQ/RFP. The City reserves the right to reject any and all responses. The City also reserves the right to amend this RFQ/RFP as necessary. All materials submitted to the City in response to this RFQ/RFP will remain the property of the City. Respondents are solely responsible for all costs

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incurred in responding to this RFQ/RFP including site investigation and due diligence.

ABOUT SAN PABLO

San Pablo is located in West Contra Costa County off Interstate 80, minutes away from the Bay Area cultural centers of Berkeley, Oakland and San Francisco.

Interstate 80 is the principal arterial route between the Bay Area and Sacramento.

The City of San Pablo is nestled between the cities of Pinole and Richmond and by the neighboring cities of El Cerrito and Hercules. Historically one of the oldest Spanish settlements in the region, San Pablo has become a thriving residential and business community with a population of about 30,000 in an area of approximately two and one-half (2.5) square miles.

San Pablo is located less than 40 minutes away from international airports in Oakland and San Francisco. Access to the Bay Area Rapid Transit (BART) system and Amtrak passenger train service is closely located in the vicinity. AC Transit bus line service includes San Pablo in its route from Fremont to Pinole.

Containerized shipping, ports and railway access are located in Richmond and Oakland. The City’s Rumrill Boulevard serves as a major commercial/light industrial corridor and San Pablo Avenue is a major regional arterial in the East Bay region. Both corridors are both designated as major Priority Development Areas (PDAs) undergoing si gnificant infrastructure and traffic improvement planning.

More importantly, San Pablo's diverse and multi -cultural community, housing affordability, and access to the entire Bay Area region are noted highlights of this small, urbanized Bay Area community. Currently, according to 2010 U.S. Census figures data, San Pablo has a population of nearly 63% between the ages of 18

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City of San Pablo Economic Development Strategy Page 3 of 8

and 64 years, with a significant population of nearly 28.3% under the age of 18 years.

(Source: http://www.bayareacensus.ca.gov/cities/SanPablo.htm).

PROJECT DESCRIPTION, OBJECTIVES AND BACKGROUND

Project Description: The City is seeking a qualified consultant (“Consultant”) to develop a comprehensive, citywide Economic Development Strategy and Implementation Plan (“Plan”) for the City. The City’s goal is to identify and implement proactive programs and policies to advance its economic development efforts in promoting job creation, redevelopment, and economic diversification.

The City of San Pablo would like the Economic Development Strategy to achieve the following goals:

1. Job Creation. Expand economic opportunities for the workforce in San Pablo.

2. Redevelopment of Underutilized Sites . Identify underutilized sites in San Pablo that could be developed to meet the growth needs in commercial/retail and/or housing in order to enable new business opportunities and new investments in the community.

3. Increase in Tax Base. Identify additional forms of tax liabilities in order to increase tax base for San Pablo.

4. Revenue Diversification. Identify ways to attract and retain businesses to make revenue streams in the community more diverse.

5. Maintain Quality of Life. Maintain the high quality of life, small town feel and village character of San Pablo, which make it distinctive and enjoyable to its residents.

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The selected Consultant will be responsible for providing the technical expertise to facilitate the planning process and to identify and develop implementation tools identified throughout the process as appropriate and timely for the City. It is anticipated that the process will engage the San Pablo community (residents, stakeholders, staff, elected/appointed officials and experts) to develop a Plan that reflects the community’s opportunities and needs, while simultaneously putting in place tools identified as ready or identifying required next or supplemental steps.

The Plan will also include an implementation strategy consistent with State, regional and local economic development priorities. The Plan will also serve as a living strategy document for City staff, elected officials and decision makers.

Project Objectives: The objectives of the Plan are to:

• Study the City’s existing economic development efforts and resources and identify programs/policies that could be advanced in the near and far-term to develop more economic development opportunity.

• Help identify economic development and housing strategies in the wake of the loss of the former Redevelopment Agency since 2012, which had previously provided the financial and personnel resources to support and promote housing programs.

• After many years of little-to-no new private development and investment City-wide and along San Pablo Avenue, the Plan will help facilitate new development and additional non-profit, governmental and/or private investment which will create a changed environment and economic profile within which to consider new businesses and housing opportunities and projects.

• Preserve and expand business and workforce opportunities for San Pablo residents.

PROJECT SCOPE, TASKS AND DELIVERABLES

The general Scope of Work will be to work with City staff and key stakeholders to develop a comprehensive Citywide Economic Development Strategy to be adopted by the City Council.

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City of San Pablo Economic Development Strategy Page 5 of 8

The City is seeking an effective, efficient and creative approach to providing the deliverables below and meeting the City’s goals for this project. Respondents to this RFP shall provide a proposed detailed work plan and schedule, and then a final work plan and schedule will be negotiated with the selected consultant team.

1. Internal Project Kick-Off Meeting

Consultant shall convene a kick -off meeting with City staff to confirm key responsibilities, scope of work, schedule and project goals. The team shall discuss a Community Engagement Strategy to ensure broad- based community input and support. The City shall provide the Consultant with relevant and available plans, studies and data sets pertinent to the project.

2. Identify Needs and Available Economic Development & Resources

Consultant shall:

a. inventory the City’s existing economic development projects, including but not limited to assessment of developable land that could be used to meet the growth needs of commercial/retail and/or housing;

b. analyze and summarize the need for economic development and the role the City can play in helping to provide and increase opportunities for business and housing;

c. summarize the status of existing policy, programs, capacity and context; identify existing or planned available development projects citywide; and provide an inventory of appropriate Best
Practices/options for achieving the goal of preserving and expanding housing and business opportunities

3. Community Engagement

a. Community Engagement Strategy: Consultant shall propose recommendations in the form of a memo to the City for the community engagement component of the Economic Development Strategy.

b. Community Workshop(s): Consultant shall facilitate Community or Elected/Appointed Official Workshops, in coordination with City staff and other engagement strategies as provided in the Community Engagement Strategy (3a) to garner community input throughout the planning process as applicable.

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City of San Pablo Economic Development Strategy Page 6 of 8

4. Market Analysis

Consultant shall provide a summary of the market factors that influence or contribute to development and implementation of housing and business strategies, i.e. the challenges, opportunities and constraints provided by the market in the provision of affordable housing within the City.

5. Draft Economic Development Strategy Plan

Consultant shall develop an implementation plan in coordination with City staff for the Economic Development Strategy to identify potential implementation steps and actions, timing and resources needed, to increase the supply and preserve businesses and housing and the vision of the City is achieved. The Plan shall include an analysis of the financial and personnel resources required to implement the recommended strategies and actions and identify resources available to the City.

6. Final Economic Development Strategy

Consultant shall develop a Citywide Strategy based upon the outcomes of the above. The strategy shall include, at a minimum, an analysis of economic development goals and policies and how the strategy fulfills these goals, an analysis of development affecting the City, projections of future housing and business needs and recommended action steps needed to preserve and increase the supply of housing and business.

7. Final Economic Development Strategy Presentation to the Economic Development, Housing & Project Management Standing Committee and Council

Following City comments and revisions, Consultant shall prepare a Final Draft Economic Development Strategy for presentation to the Economic Development, Housing & Project Management Standing Committee and City Council or other public body to be determined by the City.

BUDGET

Please submit a proposed cost for the tasks. Include billable hours and reimbursables, detailing a breakdown of the proposed budget by task, employee classification, billing rate and estimated hours per task. The Consultant will be supported by the City Manager’s Office Department staff. The final budget and work plan will be negotiated with the selected consultant team.

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City of San Pablo Economic Development Strategy Page 7 of 8

PROPOSAL REQUIREMENTS

Each proposal should include, at a minimum, the following items:

Transmittal Letter – Include contact information (physical address, telephone, email address) for the primary person responsible for your proposal who will be the point of contact for the City on all correspondence and communications pertaining to this RFQ/RFP. State whether any addendums to this RFQ/RFP have been received by your firm and whether consideration of their content has been included in your proposal.

Statement of Project Understanding – Provide a detailed discussion of your understanding of the nature of the work, project goals and final products especially as it pertains specifically to the City of San Pablo.

Statement of Experience and Qualifications – Present the qualifications and experience of the proposed key staff and any support staff proposed for the projects. Include descriptions of the projects undertaken by your proposed Project Manager(s) and team within the last five years that are similar in nature to this project, particularly those completed in communities similar to San Pablo and with similar goals and deliverables.

Consultant’s Work Plan – Explain in detail your proposed work plan, including all anticipated tasks, along with any supple mental tasks you deem necessary for successful completion of this project.

Schedule - Include a schedule for the work plan and proposed project completion date.

References – Provide three recent public agency references for your proposed Project Manager(s) include names, addresses and telephone numbers.

Additional- Feel free to submit additional materials which you feel necessary to provide a complete profile of your company and proposal as it relates to this RFQ/RFP.

SELECTION PROCESS AND REQUIREMENTS

The selection committee will consist of City staff. Proposals will be evaluated based upon the following criteria:

Statement of Project Understanding 15%
Statement of Experience and Qualifications 20%
Consultant’s Proposed Project Team 20%
Consultant’s Work Plan 30%
Innovative Public Involvement, Final Plan & Implementation Tools 15%

Contract award will be made to the team that best matches City goals and reflects the understanding of the City, based on evaluation criteria outlined above as determined through both the proposal and interview. The selection committee will Request for Qualification / Request for Proposals
City of San Pablo Economic Development Strategy Page 8 of 8

rank proposals and may invite the top- ranking consultant teams to an interview.

The top team will be invited to finalize a final Agreement and Work Plan with the City.

The successful consultant will be required to execute a Consultant Services Agreement with the City and meet the insurance requirements therein. A template of the City Consultant Services Agreement is shown in Exhibit A.

Any requested deviations from these terms must be set forth in the proposal or the proposer shall be deemed to have accepted the terms of the Agreement.

PROPOSAL AND PROJECT TIMELINE

Release of RFQ/ RFP September 25, 2023
Statement of Interest Due October 9, 2023
Final Questions Due October 16, 2023
Proposals Due November 16, 2023
Short List Notification Week of December 4, 2023
Interviews To be determined
Anticipated Council Award To be determined

Consultant questions pertaining to this RFP shall be submitted no later than 4:00 p.m., October 16 , 2023 by email to [email protected].

Responses to questions submitted within the specified time period will be answered by addendum, distributed to all consultants who hav e submitted a Statement of Interest. Consultant shall identify receipt of all addenda in their Transmittal Letter.

ATTACHMENTS
Exhibit A: Template Consultant Services Agreement

Exhibit A

CITY OF SAN PABLO

AGREEMENT FOR CONSULTING SERVICES
Project No._______/ Agreement No. _____

THIS AGREEMENT (“Agreement”), effective the ____ day of ______, 20__ (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, ( “City”), and ___________, a __________________, (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

RECITALS

WHEREAS, the City desires to engage a consultant to provide _______________________ services to the City (“ Services”) as further set forth in this Agreement;

WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and

WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.

NOW, THEREFORE, Consultant and the City agree as follows:

TERMS AND CONDITIONS
(1) Scope of Services.

A. Scope of Services. Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City’s Request for Proposals, dated ___________ and any addenda thereto (“RFP”), attached as Exhibit A and incorporated herein, and the scope of services set forth in Consultant’s proposal dated ___________ (“Proposal”), attached as Exhibit B and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFP, the Proposal, and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”

B. Quality of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If , during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitutes a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s Updated: 6/23 Page 2
acceptance of Services performed under this Agreement will not operate to waive or release Consultant’s obligation under this paragraph.

C. COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to comply with all City’s current COVID policies on-site as they may be amended from time to time.

D. Time is of the Essence. In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”

E. Primary Service Provider. The City has approved of ____________________ as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.

F. Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and t he related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.

Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.

3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify Updated: 6/23 Page 3
under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.

5. DIR Monitoring, Enforcement, and Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the DIR to perform public works projects.

The registration requirements of Labor Code section 1725. 5 do not apply if the Agreement is for an amount under $25,000.

(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant a sum not to exceed
____________________________________Dollars < write out amount > ($_________) as follows:

<Indicate any special payment arrangement, if applicable, e.g., hourly rates.>

Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.

(3) Additional Services. In addition to the S ervices included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services performed without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record -keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.

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(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on _____________. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.

(5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:

Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services

____________________________ _______________________________ ____________________________ _______________________________

(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are necessary to complete a client engagement.

Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasi ng, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s services after expiration of the Term or termination of this Agreement, Consultant must enter into a new agreement.

(7) Billings. Consultant's invoices must include the following information: (a) a brief description of S ervices performed, including any Additional Services ; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed ; (f) the total paid to date; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.

Except as specifically authorized by City, Consultant will not bill City for duplicate S ervices performed by more than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3) , above.

Consultant is solely responsible for its office and overhead costs , including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Consultant in the performance of this Agreement.

(8) Advice and Status Reporting. Consultant will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide Updated: 6/23 Page 5
the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the S ervices provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and information.

Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement.

(9) Retention of Records. Consultant’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this A greement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use . This Section (9) will survive expiration of the Term or termination of the Agreement.

(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any document or written report prepared by Consultant for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcont ract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or reports.

(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as may be due. Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.

(12) Access to Records; Audits . The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.

(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant ’s Services.

This Section (12) will survive expiration of the Term or termination of the Agreement.

Updated: 6/23 Page 6
(14) Assignment of Personnel . Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.

(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants 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 a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agreement or to f ulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.

A. Policies and Limits. Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:

1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. General aggregate limit shall be twice the required occurrence limit .

The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.

2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.

3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, the policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.

4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.

Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage sufficient to cover all Services Updated: 6/23 Page 7
provided by the Consultant for this Agreement, and the coverage must continue in effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.

b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.

c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy for m with a retroactive date that is on or before the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage.

d. A copy of the claim reporting requirements must be submitted to the City before Consultant may begin performing Services under this Agreement.

B. Required Endorsements. The insurance provided by Consultant must include the following endorsements as specified below. The endorsements must be executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided, specified, or approved by the City. As an alternative to the City’s forms, the Consultant’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.

1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

a. The City, its office rs, officials, employees, and volunteers (“ Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals f orm CG 20 07 may be used.

Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Consultant is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.

Updated: 6/23 Page 8
d. Any failure by Consultant to comply with the reporting requirements for a policy will not aff ect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.

2. Notice: Each insurance policy required by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least 30 days written notice to the City, unless due to non- payment of premiums, in which case 10 days written notice is required.

3. Waiver of Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.

C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .

Before beginning performance of the Services, Consultant must disclose the amounts of the deductibles and self-insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactor y to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions with respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Subconsultants or S ubcontractors. Consultant must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Consultant under this Section (15), with respect to its performance of Services, including the required endorsements. Consultant must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Consultant must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Consultant insurance obligations.

(16) Indemnification. The terms and conditions set forth in subsection 16(A) , below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if the Services to be provided by Consultant are “design professional” services as us ed and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).

Updated: 6/23 Page 9
A. Indemnification by Non-Design Professionals. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Consultant, its officers, employees, agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.

1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and distinct obligation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified P arty, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.

2. In the event that Consultant or any employee, agent, subconsult ant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consul tant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

3. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

5. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

B. Indemnification by Design Professionals. Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the S ervices to be provided under this Agreement are Updated: 6/23 Page 10
to be performed by a “design professional, ” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and liability of every nature , including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs shall not exceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.

1. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, whi ch would otherwise be the responsibility of City.

2. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. Th e provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.

3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

4. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the Term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.

(18) Employment Practices.

A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less Updated: 6/23 Page 11
than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.

B. Compliance With Law . Consultant represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Consultant shall not discriminate in the em ployment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement . In performing Services and providing services under this Agreement, Consultant shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.

(19) Local Subcontracting – Outreach. Consultant shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcont racting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.

(20) Termination.

A. Termination for Convenience. City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Consultant of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Consultant, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 37), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Consultant shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Consult ant or its employees, or services of others ordered by the Consultant or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others.

Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City . The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this A greement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations Updated: 6/23 Page 12
required of Consultant within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services , as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.

C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudulent or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplish the des ired objectives.

(21) Ownership of Materials. Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use consistent with the intent of the original design.

(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the P arties to amend the terms and conditions of this Agreement.

(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this A greement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.

Consultant agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Consultant, but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Consultant under the Agreement had Consultant completed the Services.

(24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.

(25) No Third- Party Rights. The Parties do not i ntend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.

(26) Severability. Should any part of this A greement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.

Updated: 6/23 Page 13

(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Consultant warrants that all Services done under this A greement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.

(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California , and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394.

(29) Breach. In the event that Consultant fails to perform any of the S ervices described in this Agreement or otherwise breaches the A greement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either P arty's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’s fees.

(30) Inspection by Other Agencies. Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.

(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this A greement. Where City Manager determines, based on facts provided by C ity staff, that Consultant meets the criteria of section 18701 of the FPPC regu lations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.

(32) Copyright. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright to work created pursuant to this A greement. The issuance of a patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.

(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This A greement integrates all of the terms and conditions mentioned Updated: 6/23 Page 14
herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.

(34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.

(35) Counterparts. This Agreement may be executed in duplicate counterparts.

(36) Multiple Copies of Agreement . Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.

(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:

To Consultant: ___________
Name, Title

Address

To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806

Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.

Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.

(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.

___ This Agreement is subject to federal funding. See Exhibit C.

XX This Agreement is not subject to federal funding.

(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.

Updated: 6/23 Page 15
__ This Agreement is subject to funding by Caltrans. See Exhibit D.

XX This Agreement is not subject to funding by Caltrans.

IN WITNESS WHEREOF, Consultant has executed this A greement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.

APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation

By _______________________________ By ___________________________________ Teresa L. Stricker, City Attorney Matt Rodriguez, City Manager

Date signed:___________________________

[NAME OF CONSULTANT]

By ___________________________________
Consultant, [Title]

Date signed:___________________________
ATTEST:

By _______________________________ Date signed:___________________________ Dorothy Gantt, City Clerk

Attachments: Exhibit A: Request for Proposals, dated __________ Exhibit B: Consultant’s Proposal, dated __________
Exhibit C (if applicable): Federal Contract Provisions
Exhibit D (if applicable): Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding

N:\RESOURCES\City Forms\Contracts\01 Template Consultant Agreements\AGR Master Consultant Agreement Template
Updated: 6/23 Page 16
Exhibit A
<Insert City’s Request for Proposals>

Updated: 6/23 Page 17
Exhibit B
<Insert Consultant’s Proposal>

ADDENDUM #1
Issued October 19, 2023

CITY OF SAN PABLO REQUEST FOR QUALIFICATION / REQUEST FOR

PROPOSALS FOR ECONOMIC DEVELOPMENT STRATEGY

MODIFICATION TO EVALUATION CRITERIA
The City has modified the percentages of the evaluation criteria and added the additional criteria of proposed price. Please find below the new breakdown.

Statement of Project Understanding 10%
Statement of Experience and Qualifications 15%
Consultant’s Proposed Project Team 15%
Consultant’s Work Plan 25%
Innovative Public Involvement, Final Plan & Implementation Tools 15% Proposed Price 20%

QUESTIONS AND ANSWERS

1. The RFP refers to the ‘assessment of developable land.’ Could you expand on the depth/detail of analysis that is expected for the land-use planning component of the SOW and how central is this work to the project? Is geospatial analysis expected as part of this assessment?
a. The City is interested in identification of potential sites for development, redevelopment, and assemblage.

2. Are there any page limits for the proposal in its entirety or by section? a. There is no page limits for the proposal in its entirety or by section.

3. Is there an expected range or ceiling for the budget required for this work? Having some guidance here will help bidders ensure that their proposals are responsive to the City’s requirements.
a. The City has established a budget of $50,000 for the Economic Development Strategy and Implementation Plan. The proposed price accounts for 20% of the evaluation criteria.

4. Would the City consider sharing information related to the cost (for consulting services) of its recent/current economic development strategy and which consultants helped prepare it?
a. The City does not have a recent/current economic development strategy.

5. Is the Department open to in-person meetings with stakeholders (i.e. after contracting)? Or are there any COVID-related preferences for virtual meetings? a. The City encourages in-person meetings with stakeholders, but this may change given the circumstances.

6. Which individual will act as the designated project Manager on the City’s team? a. The City will have a Management Analyst act as the designated Project Manager on the City’s team.

7. Does the City have ideal start and end dates for the strategic planning process? a. The RFP requires the consultant to submit a schedule as part of the proposal.

The City is looking to start as soon as possible.

8. What is the anticipated budget range for the project? a. Please see response to Question #3.

9. Does the City require that the stakeholder engagement be conducted in person or can interviews and other meetings be conducted online via teleconferencing? a. Please see response to Question #5. The City has no preference on how interviews and other meetings are conducted as long as it is effective.

10. What are the City's expectations for bilingual outreach? a. The City expects for the outreach to be conducted in English and Spanish.

11. Is there a preference for a local California-based consultant? Our firm has offices in New York and Austin, and we expect to be present and in person for key milestones of the project.
a. There is no preference for a local California-based consultant. We expect the consultant to be present for all key milestones of the project.

12. What are your expectations with regard to stakeholder engagement? a. The City would like the consultant to provide recommendations for stakeholder engagement.

13. Is there a do-not-exceed budget for this project? If so, what is the total allotted budget for this project?
a. Please see response to Question #3.

14. To assist consultants with internal resource allocation and feasible scoping, would you be willing to share the budget range established for this planning effort? a. Please see response to Question #3.

15. What are the City's ideal start and end dates for the project? a. Please see response to Question #7.

16. How is the City defining affordable housing?
a. Housing is defined as “affordable” if a household spends 30 percent or less of its gross income on housing costs. This would include subsidized and unsubsidized units.

17. What types of housing are of highest priority? (i.e., single family, multifamily, rental/owner-occupied).
a. High-quality owner-occupied housing is highest priority for the City.

18. To what extent would the City like to refine and/or prioritize the goals for the Strategy presented in the RFP?
a. The City is open to refining and/or prioritizing the goals presented in the RFP, but would look to the consultant for guidance in order to make the Economic Development Strategy the most effective for the City.

19. What are current threats to the preservation of housing and business in the City? a. The City would look to the consultant for guidance and identification of current threats to the preservation of housing and businesses in the City.

20. Could you expand on the depth that is expected in tax liability analysis? a. The City is looking for the consultant to provide types of tax liability as part of the proposal.

21. Are there any existing studies of economic opportunities for the city, land utilization, the tax base, or other relevant topics that the consulting team could build upon? a. The City has an Affordable Housing Strategy, an Economic Positioning Study and Opportunity Sites Feasibility Analysis. These documents will be given to the consultant who is awarded the contract.

22. Would the city prefer that the summary of the need for economic development focus on i) the potential benefits of achieving development and risks of stagnation by sub- group of City residents, ii) the opportunities and constraints for development, or iii) both?
a. The City is looking for both. The City would look to the consultant for guidance of what are development opportunities as well as the benefits. This would also include risks and constraints.

23. What other community engagement strategies should the Consultant anticipate coordinating with?
a. There is no other strategies expected to be coordinating with outside of the RFP.

24. Does the City have an in-going preference regarding the balance of qualitative and quantitative data for the market analysis? If not, we are happy to propose our recommendation.
a. The City would like consultant to include proposed recommendations in the proposal.

25. What is the expected duration of the project, and estimated start/end dates? Are there any relevant dates for budget planning or communications we should consider? a. Please refer to Question #7.

26. Can you provide any further detail on the support the City Manager’s Office Department staff provide? Would this include any support in execution beyond providing direction for the work? Has the specific day-to-day manager for this work been identified? a. Yes, a day-to-day project manager has been identified and will help provide direction needed.

27. Does the City typically prefer high-touch engagement (weekly meetings to discuss all aspects of work, highly iterative) or lower-touch engagement (bi-weekly or monthly meetings to discuss key findings) with consulting service providers? a. The City is open to both types of engagement. The City would look to guidance from the consultant on which type of engagement would be most beneficial for the project.

28. What does the “Final Plan” refer to in the fifth evaluation criteria? We understand that the Consultant’s proposed Work Plan will be finalized with the City following selection. a. The “Final Plan” refers to the Implementation Plan/Tools.

29. Has the City Council approved/adopted economic development goals? a. The City’s Economic Development, Housing & Project Management Standing Committee received an information update on the Economic Development Strategy and Implementation Plan Request for Proposal, which included project goals and objectives.

30. Are there any previous economic development strategies or plans that are available for review?
a. Please see response for Question #4.

31. Is there currently full or part-time economic development staff? a. There are staff members whose function includes economic development.

32. Does the City's business license information provide a current list of businesses with licenses and contact information including email addresses? a. Yes, the City’s business license information provides a current list of businesses with active business licenses. The City would work on being able to include contact information on a report.

33. Does the City's economic development advisory committee have a role in the strategy process?
a. Yes, the Economic Development, Housing, and Project Management Standing Committee does have a role in the process.

34. Besides the chamber of commerce and the San Pablo Economic Development Corporation are there any other business associations or chambers in the City? a. In addition to those, the local Rotary Club as well as Kiwanis Club are active in the community.

35. Does city staff have an estimated budget for the project? a. Please refer to Question #3.

36. Is community engagement expected to be conducted in multiple languages that reflect the languages spoken by city residents?
a. Please refer to Question #10.

37. Will the community engagement be focused on a specific city demographic or set of stakeholders?
a. The City is looking to rely on the consultant’s recommendations for community engagement.

38. What is the allocated budget for this project?
a. Please refer to Question #3.

End of Addendum
Updated: 10/23 Page 17
Exhibit B
Consultant’s Proposal dated November 14, 2023

PROPOSAL FOR PROFESSIONAL SERVICES
Economic Development Strategy

Submitted to:

CITY OF SAN PABLO, CALIFORNIA

SUBMITTED BY:

In Association with:

Paul M. Saldana, CEcD
Exeter, CA
November 16, 2023
THE NATELSON DALE GROUP, INC .

YORBA LINDA, CA • www.natelsondale.com
O: 714.692.9596 • F: 714.692.9597

Table of Contents

A. TRANSMITTAL LETTER .................................................................................................................1 B. STATEMENT OF PROJECT UNDERSTANDING.................................................................................3 C. BACKGROUND AND EXPERIENCE OF THE FIRM ............................................................................5 D. QUALIFICATIONS OF CONSULTANT STAFF .................................................................................. 14 E. CONSULTANT’S WORK PLAN ..................................................................................................... 24 F. SCHEDULE ................................................................................................................................ 32 G. BUDGET / COST PROPOSAL ....................................................................................................... 33

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
1 A. TRANSMITTAL LETTER
The Natelson Dale Group, Inc.

P.O. Box 489
Yorba Linda, CA 92886
(714) 692-9596 phone / (714) 692-9597 fax
E-mail: [email protected]
www.natelsondale.com

November 16, 2023
#7653

City of San Pablo
Attention: Elizabeth Lopez
1000 Gateway Avenue
San Pablo, CA 94806

Re: Proposal to prepare Economic Development Strategy

Dear Ms. Lopez:

In response to the City’s solicitation, The Natelson Dale Group, Inc. (TNDG) is extremely pleased to submit this proposal to prepare an Economic Development Strategy for the City of San Pablo. Our team for this project also includes our close affiliate Paul Saldana (dba Economic Growth Strategies).

The Natelson Dale Group, Inc. (TNDG) is a national economic consulting firm established in California in 1974. Our practice focuses largely on the planning and implementation of economic and workforce development programs. The firm’s work often involves direct linkages between a community’s industry attraction plans and its real estate development potentials. In this regard, we have a strong understanding both of local real estate markets and of the larger regional economic trends that drive demand for commercial and industrial land use.

As detailed in Section C of this proposal, our team also has substantial recent experience in assisting municipal clients to define workable strategies for increasing the production of affordable housing.

Our recent work in Contra Costa County includes economic development strategies for the Cities of Pinole and Antioch, and a market analysis for the City of San Ramon’s General Plan update.

In addition to our long track record in economic development strategic planning, TNDG also maintains an active role in supporting California’s economic development community and advancing best practices within the profession. In this regard, the firm (in 2018) took the lead on behalf of the California Association for Local Economic Development (CALED) and the California Academy for Economic Development (CAED) on the implementation of a California-specific training and certification program for economic development professionals (the “ACE” program launched in 2019). The firm’s Managing Principal (Roger Dale) currently teaches the annual course on economic development strategic planning as part of the ACE program. This course includes a substantial focus on inclusive economic growth.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
2 Paul Saldana of Economic Growth Strategies has both a consulting background and extensive hands-on experience as an economic development practitioner. His impressive career includes stints as Director of Economic & Community Development for the City of Bakersfield (2021-2023) and President and CEO of the Tulare County Economic Development Corporation (2001-2020).

I am the corporate officer authorized to contractually bind the firm and would serve as the City’s primary point of contact for this contract. We acknowledge receipt of Addendum #1 to the City’s request for proposals (RFP).

We very much appreciate your consideration of our team and sincerely hope we have the opportunity to serve the City of San Pablo on this exciting project. Please feel free to contact me directly if you have questions or would like to discuss any aspect of our proposal.

Respectfully submitted,

THE NATELSON DALE GROUP, INC.

Roger Dale
Managing Principal

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
3 B. STATEMENT OF PROJECT UNDERSTANDING
TNDG’s proposed approach to this assignment (as detailed in Section E of the proposal) reflects the following understanding of San Pablo’s needs and expectations:
 Given the constrained land resources typical of older/built-out communities, TNDG believes that impactful economic development in San Pablo will largely depend on the City’s ability to attract private development/redevelopment investment to key opportunity sites. To maximize the economic and community benefits of the remaining development opportunities in San Pablo, it will be essential for the Economic Development Strategy (and related zoning and land use policies) to be aligned with a realistic understanding of potential market demand for new development.

This new development (or redevelopment) can, in turn, create capacity for expanded employment in targeted high-value industries.

 TNDG strongly concurs with the City’s understanding that affordable/workforce housing is an essential ingredient for inclusive economic development. In this regard, the TNDG team will draw on our substantial recent experience in assisting municipal clients to define workable strategies for increasing affordable housing production in redevelopment/infill settings.

 TNDG’s market analysis for this assignment will focus on two related topics: real estate development opportunities and potential target industries. The real estate analysis will characterize demand for commercial, industrial and multi-family residential development. The target industry analysis will focus on identifying San Pablo’s most promising opportunities to grow high-wage jobs suitable for the local workforce.

 TNDG recognizes the critical role of stakeholder/community engagement in effective economic development strategic planning. In addition to providing valuable insight on local economic conditions, a well-designed outreach program is an essential means of ensuring that the overall planning process is well implemented from a diversity/equity/inclusion perspective. Our proposal lays out a muti-faceted outreach program designed to engage a diverse range of stakeholders.

 The TNDG team will integrate the findings and strategic implications from the preceding tasks into an action-oriented Economic Development Strategy (and Implementation Plan) for San Pablo. The Plan will provide a succinct blueprint for the City’s future economic development programming, while effectively integrating relevant strategies and policies from existing/previous studies completed for the City.

 In order to be actionable, the Plan will include specific (reality-based) recommendations for staffing and resource allocations for the City’s economic development initiatives. Where appropriate, these recommendations will reflect the potential for some functions to be carried out through partnerships with non-City entities.

In order to provide a high-quality Economic Development Strategy while remaining within the City’s available budget of $50,000 for this process, TNDG’s work scope reflects the following cost-saving approaches:

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
4  TNDG will leverage market data and studies that the firm has recently completed for other Contra Costa County communities (including neighboring Pinole). TNDG will also utilize available data and strategies published by regional organizations focused on industry development (including San Pablo Economic Development Corporation, Contra Costa County Economic Development, and the East Bay Economic Development Alliance).

 TNDG will build on (rather than duplicate) strategies and studies previously completed for the City (e.g., Affordable Housing Strategy, Economic Positioning Study, and Opportunity Site Feasibility Analysis).

 TNDG’s proposed Community Engagement Strategy includes a mix of in-person and virtual meetings and interviews.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
5 C. BACKGROUND AND EXPERIENCE OF THE FIRM
The Natelson Dale Group, Inc. (TNDG) brings exceptional experience in economic development strategic planning to this assignment. From this work, TNDG has developed nationally recognized expertise in the following key areas: 1) Target Industry Strategies and Cluster Development, 2) Retail Demand Analysis and Tenant Recruitment, 3) Integration of Economic Development with Workforce Development, and 4) Structuring of Local and Regional Economic Development Partnerships. The firm’s work often involves direct linkages between a community’s industry attraction plans and its real estate development potentials. In this regard, the TNDG team has a strong understanding both of local real estate markets and of the larger regional economic trends that drive demand for commercial and industrial land use.

As detailed at the end of this section, our team also has substantial recent experience in assisting municipal clients to define workable strategies for increasing the production of affordable housing (which we recognize is a significant issue in San Pablo).

An abbreviated listing of TNDG’s relevant project experience is provided below, followed by more detailed descriptions of selected assignments.

Economic Development Strategies
Counties
Guilford County (North Carolina)
Kern County
Larimer County (Colorado)
Los Angeles (San Gabriel Valley subregion)
Osceola County (Florida)
San Bernardino (multiple sub-regions)
San Diego (South County Subregion)
San Joaquin County
Sonoma County
Ventura County
Yuma County (Arizona)
Cities
Anaheim
Antioch
Arvin
Bakersfield
Beaumont
Burbank
Camarillo
Canyon Lake
Carson
Coachella
Compton
Coronado
El Cajon
Escondido
Fresno
Garland (Texas)

Kyle (Texas)
Los Angeles
Menifee
Monterey Park
Ontario
Palm Desert
Phoenix (Arizona)
Pinole
San Francisco
San Ramon
Santa Fe Springs
Simi Valley
Stockton
Tracy
Ventura
Vista
Indian Tribes
Agua Caliente (Palm Springs)
Cahuilla (Riverside County)
Yavapi-Apache (Arizona)
Multi-Jurisdictional Regions
Inland Valley Development Agency (cities of San Bernardino, Colton, Highland and Loma Linda) Hampton Roads (Virginia) Region (5 counties and 9 independent cities) Tri-cities Area of Northeast Tennessee/Southwest Virginia

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
6 General Plan Economic Studies
City of Agoura Hills City of Malibu
City of Alhambra City of Monterey Park
City of Calabasas City of Ontario
City of Bakersfield City of Port Hueneme
City of Beaumont City of Redondo Beach
City of California City City of Rialto
City of Chino City of San Bernardino
City of Costa Mesa City of San Clemente
City of Fontana City of San Ramon
City of Garden Grove City of Santa Fe Springs
City of La Quinta City of Santa Monica
City of Los Angeles City of Santa Paula

Economic Development Strategic Plans:

Carson, California: Economic Development Strategic Plan (2023). TNDG has just finalized an economic development strategic plan for the City of Carson in the South Bay area of Los Angeles County (the plan was adopted by the City Council on September 19, 2023). This process included a comprehensive demographic/SWOT analysis; target industry/cluster analysis; market demand studies for retail, office, industrial, entertainment, and hotel development; extensive stakeholder outreach; and preparation of a detailed 5-year Action Plan.

El Cajon, California: Economic Development Strategic Plan (2022). T NDG prepared an economic
development strategy plan for the City of El Cajon in east San Diego County. This work included a target industry analysis, commercial/industrial real estate demand projections, a focused stakeholder outreach process, and preparation of an action plan that leverages the City’s economic development programming through partnerships with an array of regional organizations. El Cajon’s EDSP focuses on the following strategic priorities: revitalization of retail commercial centers; maximizing land capacity for industrial development; expanding the downtown business mix; and promoting entrepreneurial development opportunities.

Antioch, California: Economic Baseline and Strategic Plans (2022). TN DG completed an economic
development baseline analysis and strategic planning process for the City of Antioch. This assignment included a target industry/cluster analysis, an extensive stakeholder outreach process, and preparation of an innovate strategic plan and implementation “tool kit.” The strategic plan is organized around eight major initiatives: Business Development Pipeline; Real Estate Development Capacity; Workforce Opportunity Initiative; Entrepreneurial Startup Assistance; Direct Project Investment (Public-Private Partnerships); Leveraging Housing Demand to Promote Economic Development; Regional Advocacy; and Resource (“War Chest”) Development.

Bakersfield, California: Economic Development Strategic Plan (2021). TNDG led an 18-m onth strategic
planning process for the City of Bakersfield, with a focus on identifying major “game-changing” investments the City could pursue with available state and federal recovery funding. TNDG’s work was completed in close coordination with the regional “Better Bakersfield, Boundless Kern” (B3K) initiative

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
7 facilitated by The Brookings Institution. TNDG’s work included an industry cluster analysis, commercial/industrial real estate market studies, and a comprehensive stakeholder outreach process (including specific engagement with the development community, industry stakeholders, and downtown business/civic leaders).

Sonoma County, California: Comprehensive Economic Development Program Review (2021). For the Sonoma County Economic Development Board (EDB), TNDG conducted a program-by-program review of EDB core services, including evaluation of the following: scope of services offered; program design and allocation of resources; service delivery and execution; program efficacy; and metrics tracked. The project included interviews with a cross section of County staff, community leaders, business owners and other constituents (identified by the EDB). As part of this process, TNDG profiled comparable economic development organizations throughout the Western U.S. to identify best practice models relevant to Sonoma County.

Vista, California: Economic Development Strategic Plan (2021). T NDG completed a nine-month economic
development strategic planning process for the City of Vista in north San Diego County. This work included a target industry analysis, commercial/industrial real estate demand projections, an extensive stakeholder outreach process, and preparation of a strategic plan that leverages the City’s programs through partnerships with an array of regional organizations.

Menifee, California: Comprehensive Economic Development Strategy (2019). T NDG completed a
Comprehensive Economic Development Strategy (CEDS) for the City of Menifee. The six-month planning process included a detailed analysis of the community’s economic development assets and opportunities, as well as its current deficiencies and challenges. The background analyses included a target industry study focused on defining potential growth opportunities within the larger Riverside County/San Diego County economy. Given Menifee’s large population of out-commuting high-skilled workers, the industry cluster analysis emphasized potential connections to regional high-tech sectors.

Beaumont, California: Economic Development Strategic Plan (2019). TN DG completed a detailed
Economic Development Strategic Plan, including a target industry analysis and commercial/ industrial real estate market forecast, for the City of Beaumont. The Plan focuses on leveraging the City’s strategic location in the eastern Inland Empire, available land resources, skilled resident workforce, and quality-of- life amenities.

Camarillo, California: Economic Development Strategic Plan (2018). TN DG completed a detailed Economic Development Strategic Plan, including a target industry analysis and commercial/ industrial real estate market forecast, for the City of Camarillo. The Plan focuses on improving the City’s business/development friendliness, maintaining the strength of the City’s retail shopping districts, leveraging the emerging cluster of technology start-ups in Ventura County, and pursuing placemaking investments as part of a larger focus on economic vitality.

Palm Desert, California: Economic Development Strategic Plan (2018). T NDG completed a detailed
Economic Development Strategic Plan, including a target industry analysis and commercial/industrial real estate market forecast, for the City of Palm Desert. The Plan focuses on leveraging the City’s strategic location within the Coachella Valley and its well-established reputation as a center for tourism, retail trade,

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
8 and higher education. The implementation plan includes a business incubator/accelerator focused the Valley’s emerging technology cluster.

San Bernardino, California: Comprehensive Economic Development Strategy (CEDS) for IVDA/SBIAA (2018). TNDG completed a five-year CEDS for the Inland Valley Development Agency (IVDA) and San Bernardino International Airport Authority (SBIAA) in 2018. This process included a series of meetings with the CEDS Committee, as well as direct coordination with five constituent jurisdictions (four cities and Indian tribe) to update strategic priorities and candidate infrastructure projects. The economic and workforce development initiatives include a focus on high-technology sectors related to the region’s aviation and logistics clusters.

Ventura County, California: Economic Vitality Strategic Plan (2017). TNDG completed a comprehensive Economic Vitality Strategic Plan for the County of Ventura. The year-long effort included the following components: an extensive analysis of the current state of the Ventura County economy; an innovative Economic Impact Analysis that gathers and analyzes relevant data sets to quantify the impact of County governmental operations on the local economy; a detailed industry cluster analysis; and extensive stakeholder outreach. Consistent with longstanding community values, the Plan focuses on advancing economic vitality while carefully protecting the region’s amenity-rich, high quality of life environment.

Hampton Roads, Virginia: Strategic Plan for Virginia’s “Growth Opportunities” Program (2017). T NDG served as a subcontractor to Old Dominion University on the preparation of a strategic economic plan addressing challenges among the communities in the Hampton Roads region of Virginia. Blessed by the nation’s largest natural deep-water port and host to the world’s biggest naval base, the Hampton Roads region has nonetheless struggled to recover from decreases in federal procurement spending and curtailed defense spending associated with the Budget Control Act of 2012. The GO Virginia program was created by the Virginia legislature to encourage cross-jurisdictional cooperation to create sustainable regional economic growth.

Larimer County (Fort Collins), Colorado: Economic Development Asset Assessment (2016). T NDG
completed a comprehensive assessment of the public, private and institutional “assets” that influence Larimer County’s economic development potentials. The assessment is intended to identify existing strengths that can be better leveraged as well as existing gaps in infrastructure and service provision that warrant future investment by the County.

Kyle, Texas: Economic Development Strategic Plan (2015). T NDG completed a detailed Economic Development Strategic Plan, including a target industry analysis, for the City of Kyle. The Plan focuses on leveraging the City’s strategic location along I-35 between Austin and San Antonio. A key theme of the Plan is to position the City as a destination for regional visitors and higher-value economic activities. The Plan provides a framework for re-organizing the City’s Economic Development Tourism Board, and for re- assessing the City’s partnerships with several regional economic development organizations.

Stockton, California: Economic Development Strategic Plan (2015). Th e TNDG team completed a detailed
Economic Development Strategic Plan for the City of Stockton, California. The Plan provides a comprehensive blueprint for the City’s economic development programming as part of an overall restructuring of the municipal government. The planning process included extensive interaction with a range of public and private partner organizations that will have critical roles in implementing the strategy.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
9 Given the City’s across-the-board efforts to reposition itself economically, the Plan encompasses a broad range of topics including infrastructure, economic incentives, development streamlining, neighborhood revitalization, visitor amenities, retail tenant recruitment, target industry attraction and entrepreneurism.

Yuma County, Arizona: Manufacturing Development Strategy (2015). The TNDG team prepared a strategic plan for Yuma County for the Investing in Manufacturing Communities Partnership (IMCP) program. This work included a manufacturing-focused target industrial analysis; infrastructure assessment; substantial stakeholder outreach; and development of a comprehensive Action Plan. The planning process involved extensive coordination with the County, four cities (three in Arizona and one in Mexico), two universities, a community college, the county-level Workforce Investment Board, and various private organizations involved in county-level economic development (Economic Development Corporation, Manufacturers Association, and Chamber of Commerce).

Garland, Texas: Target Industry Strategy (2014). T
NDG participated in the preparation of this strategic
plan (led by the University of North Texas), which included a target industry analysis, competitive assessment of Garland with respect to other Dallas-area communities, assessment of the current manufacturing base in the city and the challenges faced by employers and real estate developers, and community development issues. Although the Plan focused on strategies for target industries, TNDG integrated these with relevant community and workforce-development strategies.

Escondido, California: Economic Development Master Plan (2013, updated 2018). TN DG completed a
Market Opportunities Analysis and Economic Development Master Plan for the City of Escondido. The Plan was completed in tandem with a regional Comprehensive Economic Development Strategy (CEDS) for the North San Diego County region. TNDG’s work included an in-depth demographic analysis, an assessment of economic/ market opportunities, a target industry/cluster analysis, as well as a focus on revitalization of key commercial areas in the City.

Osceola County (Greater Orlando), Florida: Economic Diversification Strategy (2012). O sceola County is
adjacent to Orlando, Florida and experienced significant disinvestment in the early 2000’s due to older visitor amenities (hotels, motels, amusement facilities, etc.) not keeping pace with competitive facilities in Orlando. TNDG’s strategy focused on identifying potential industries (in addition to tourism) that can provide the basis for diversifying and revitalizing the local economy.

Yuma County, Arizona: Workforce and Economic Development Summit (2001, repeated 2011). T NDG
facilitated a Workforce and Economic Development Summit for Yuma County. The consultants’ work for the six-month Summit process involved substantial background research and analysis; facilitation of a series of Summit meetings with approximately 70 local stakeholders; and preparation of a comprehensive Action Plan. As part of the analytical work, the consultants identified key industry “clusters” suitable for diversifying Yuma’s economic base. The Summit process was originally completed in 2001; based on the success of the original effort, the client retained TNDG to repeat the process in 2010-2011.

San Francisco, California: Workforce Development Strategy for Bay Area Media Industry (2011). T NDG
developed a comprehensive strategy to guide “career repositioning” services for dislocated journalists and media workers in the San Francisco Bay Area (an estimated 7,500 Bay Area media industry jobs have been lost over the past decade). TNDG’s work included an extensive online survey of existing and former Bay Area journalists (with over 700 individuals participating) and executive interviews with media executives.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
10 In addition, TNDG completed a detailed analysis of employment trends (by both industry and occupation) for the overall Bay Area media cluster.

Los Angeles, California: Economic Development Strategy for Solar LA (2009). TNDG was retained by the Los Angeles Department of Water and Power in 2009 to generate a Strategic Action Plan to expand solar- industry activity in Los Angeles. The work was part of LADWP’s mission to implement the Solar LA plan. The objective of the Strategic Action Plan is to leverage the investment associated with Solar LA to develop a solar industry cluster in Los Angeles and maximize the creation of cleantech jobs.

Northeast Tennessee/Southwest Virginia: Target Industry Analysis (2006). Th e TNDG team completed an
industry cluster analysis for the Tri-Cities Economic Development Alliance. The purpose of the study was to identify target industries/clusters for this 10-county region in Northeast Tennessee/Southwest Virginia.

Anaheim, California: Industry Location Analysis and Attraction Strategy (2005). TNDG d eveloped a comprehensive economic development program for the City of Anaheim. TNDG’s work focused on assessing Anaheim’s strengths as they relate to industrial attraction and identifying specific industry clusters which the City should emphasize in its marketing efforts. TNDG’s recommendations included a special focus on multi-media and high technology firms.

Guam: Feasibility Study and Strategic Plan for Regional Distribution Center (2004). T NDG was part of
multi-disciplinary team that completed a feasibility study and strategic plan for the development of a regional distribution center in Guam. The center was planned to build upon Guam’s existing airport and seaport infrastructure to position Guam as a distribution hub serving various Asian countries and the continental United States.

Ventura, California: Business Plan for “Eco Industry” Industrial Park (2003). TNDG completed a feasibility study and business plan for the development of an eco-industrial park (EIP) in the City of San Buenaventura. The intent of the program is to attract “eco industrial” users to major Brownfield sites currently occupied with abandoned oil production facilities. TNDG’s work included a detailed market analysis of the eco industry cluster; review of “best practices” for EIP development based on a national survey of existing parks; identification of state and federal funding sources applicable to the project; and a detailed business plan for implementation.

The National and Regional Directory of Targeted Growth Industries (2002). T NDG published The National
and Regional Directory of Targeted Growth Industries, an economic development resource publication.

This research involved review and summarization of several hundred economic development strategic plans and industry trends analyses from throughout the U.S.

Fresno, California: Federal Empowerment Zone (EZ) Application (2001). The TNDG team prepared a successful application resulting in Fresno’s designation as one of only seven urban Empowerment Zones under Round III of the EZ program. Fresno’s submission was ranked number one in the country during this application round. TNDG was responsible for the overall management of several hundred stakeholders involved in various aspects of the application process.

Greensboro (Guilford County), North Carolina: Industry Attraction Strategy (2001). TNDG prepared an industry “cluster” analysis and attraction strategy for the Greensboro Economic Development Partnership.

The focus of the strategy is to expand the community’s base of high-technology sectors to offset the

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
11 ongoing declines of Greensboro’s traditional mainstay industries (tobacco, apparel and furniture manufacturing). The analysis involved defining Guilford County’s potential niche markets within a 13- county reference area, and also included a review of statewide potentials vis-à-vis the overall Mid-Atlantic region. Given Guilford’s proximity to the Raleigh-Durham area, significant attention was devoted to identifying potential linkages to high-tech activities at the Research Triangle Park.

Burbank, California: Economic Diversification Strategy (2000). The Team developed a comprehensive Action Plan to guide the City of Burbank’s economic development programming over the next five to ten years. As background to the strategic recommendations, TNDG completed an industry “cluster” analysis to identify new sectors into which the City’s economy can diversify, and a detailed “competitive assessment” identifying Burbank’s competitive position within the state.

Kern County, California: Economic Development Strategic Plan (2000). TNDG was retained by the County of Kern to develop a strategic plan to create the approximately 20,000 new jobs needed for the County to fulfill its obligations under the CalWORKS (welfare-to-work) program. The consultants’ work included a comprehensive assessment of the County’s workforce development programs, as well as a detailed industry “cluster” analysis to identify the sectors with the greatest potential for employment growth meeting the needs of the county’s workforce. The target industry analysis included an in-depth assessment of the county’s and the state’s competitiveness within a five-state region. The Strategy was developed over approximately a one-year time frame and involved a substantial public outreach effort.

Studies and Strategies Related to Affordable Housing:

Laguna Beach, California: Recommended Approaches to Enhancing Economic Feasibility of Affordable Housing Production. The Natelson Dale Group, Inc. (TNDG) was engaged by the City of Laguna Beach to recommend policy and programmatic approaches to enhancing economic feasibility of developing affordable housing in the City. This work was accomplished in parallel with, and coordination with, generation of the draft Laguna Beach Housing Element Update. Specific tasks addressed by TNDG included the following:
• Analyze typical financial structures (and associated feasibility challenges) for the development of affordable housing in high-cost, land-constrained communities such as Laguna Beach. This task, which involved preparation of a pro forma financial analysis for prototypical affordable housing projects in the City, also included interfacing with the City’s Housing and Human Services Committee.
• Inventory and evaluate affordable housing funding sources available through, primarily, the State of California.
• Coordinate with preparation of the Laguna Beach Housing Element update. • Prepare recommendations regarding affordable housing actions for the City, in part coordinating with Housing Element Goals and Housing Programs.

Torrance, California: Pro Forma Financial Analysis for Housing Corridor Study. The City of Torrance was awarded a grant, funded by Senate Bill 2, to facilitate planning activities that promote housing development. With these funds, the City retained a consultant team (including TNDG) to explore the

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
12 creation of new housing corridors in areas that are not currently zoned for residential uses. The study’s aim was to gather data and community input to develop strategies and recommendations for new housing opportunities. To ensure the economic viability of proposed housing concepts, TNDG prepared pro forma financial evaluations for a range of development prototypes.

Hawthorne, California: Hawthorne Zoning Code, Land Use Element, and Specific Plan Amendments. As part of a larger planning process, TNDG conducted development community outreach and researched best practices from peer cities to identify practical measures to incentivize housing production. TNDG’s research guided preparation of the following work products for the City: SB 9 Ordinance, Objective Design Standards, and Zoning Code Amendments.

Pasadena, C alifornia : Pro Forma Financial Analysis for Affordable Housing Concessions. To support the City of Pasadena’s decision-making process for a proposed mixed-use development project, TNDG prepared a financial analysis to determine whether requested development concessions were required to offset the applicant’s cost of providing proposed affordable housing units. In particular, the financial analysis calculated the project’s financial performance with and without the requested concessions. TNDG then provided a professional opinion regarding the degree to which the requested development concession results in identifiable and actual cost reductions for affordable housing (per the criteria established by Section 65915).

Santa Monica, California: I
ndependent Reviews of Developer Financial Analyses. On behalf of the City of Santa Monica, TNDG has completed pro forma financial analyses (and, for some projects, peer reviews of applicant-submitted financial pro formas) to support the City’s decision-making process for projects requiring a development agreement. To date, TNDG has completed financial analyses for eight proposed projects, mostly involving high-density residential and mixed-use development (with affordable housing components) in infill settings. TNDG’s scope of services for these projects includes the following tasks:
verify the reasonableness of the market assumptions (land values, commercial lease rates, residential rents and sale prices) utilized in the pro formas; assess the reasonableness of the development cost projections; provide revised calculations based on any identified discrepancies; prepare summary reports confirming the financial feasibility of the proposed projects and their potential ability to pay for community benefits requested by the City as part of development agreement negotiations.

Calabasas, California: Pro Forma Financial Analysis of Project Alternatives. TN DG was retained by the
City of Calabasas to evaluate the financial feasibility/infeasibility of a range of project alternatives for the proposed Canyon Oaks project. In particular, the analysis evaluated the relative feasibility of project alternatives that were “considered but rejected” as part of the EIR process. The evaluated alternatives included a range of residential product types (single-family and multi-family, with varying affordable housing components), as well as hotel development.

Los Angeles, California: Pro Forma Financial Analysis to Guide Project Labor Agreement (PLA) Policy. I n
2008, TNDG was retained by the Community Redevelopment Agency of the City of Los Angeles (CRA/LA) to evaluate the financial feasibility of adopting an agency-wide project labor agreement (PLA) for private development projects involving CRA/LA financial assistance. The analysis led to the adoption of the CRA/LA’s Construction Careers and Project Stabilization Policy. TNDG’s work involved the preparation of financial pro formas to determine the extent to which a PLA would increase project development costs and therefore impact development feasibility. The financial analysis addressed a range of residential

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
13 product/construction types (including high-rise apartment buildings). A key component of the analysis was determination of thresholds at which smaller projects (in terms of total development cost) should be exempted from the policy. The policy also included specific exemptions for affordable housing projects.

San Francisco, California: Pro Forma Financial Analysis to Guide Project Labor Agreement (PLA) Policy. In 2009, TNDG was retained by the San Francisco Redevelopment Agency to evaluate the financial feasibility of adopting an agency-wide project labor agreement (PLA) for private development projects involving Redevelopment Agency financial assistance. The financial analysis addressed a range of residential product/construction types, and defined appropriate exemptions for smaller projects and affordable housing development.

Oceanside, California: Economic Impact Analysis for proposed SOAR (“Save Open Space and Agricultural Resources”) Initiative. TNDG prepared a Section 9212 economic impact report for a proposed ballot initiative that would require voter approval for conversions of open space or agricultural land to residential or commercial development. TNDG’s analysis quantified the extent to which the proposed policy would affect long-term development patterns and the City’s fiscal balance at buildout. Consistent with State requirements, the report included a specific analysis of the extent to which the policy would impact the City’s ability to fulfill RHNA affordable housing obligations.

Southern C alifornia: Financial Analyses to Support Implementation of General and Specific Plans . On behalf of municipal clients, TNDG has completed pro forma financial analyses to support policy development and implementation strategies for General Plans and Specific Plans throughout southern California. The intent of these studies is to define policies (zoning, allowable building densities, parking requirements, affordable housing requirements, etc.) that address planning objectives while still allowing for economically feasible projects from a developer’s perspective.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
14 D. QUALIFICATIONS OF CONSULTANT STAFF
The proposed organization of the consultant staff for this assignment is shown below, followed by resumes for each assigned team member.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
15 Roger Dale, MANAGING PRINCIPAL • TNDG
Overview. Roger Dale has been affiliated with The Natelson Dale Group, Inc. (TNDG) since 1988 and serves as the firm’s managing principal. His background encompasses the fields of real estate development, economic development, regional economic analysis, environmental and land use policy, and renewable energy. His project experience includes real estate market forecasting, fiscal impact analysis, business retention/attraction, and preparation of regional-scale economic development strategic plans. He has prepared real estate forecasts for municipal planning efforts throughout California and Arizona. Mr. Dale has also prepared market and financial feasibility analyses for private developers. Key projects include a 4,200-acre subdivision in Moorpark, California; an 885-acre mixed use development on the Big Island of Hawaii; a tourist-oriented retail/restaurant complex in Honolulu; several regional shopping centers in southern California; a 3,200-unit residential development in the Santa Clarita Valley; and a master planned community in Yokohama, Japan.

Mr. Dale has completed numerous fiscal impact analyses and developed customized software models to enable municipalities to assess the fiscal impacts of proposed general plan amendments, annexations, and individual development projects.

Over the past 25 years, a significant focus of Mr. Dale’s work has been on the development of cluster- based economic and workforce development strategies. In this regard, he has managed industry cluster analyses and developed related retention/ expansion/attraction plans for the following clients: the cities of Anaheim, Los Angeles, and Burbank, and San Buenaventura, California; the County of Kern, California; the County of Yuma, Arizona; the High Desert Regional Economic Development Authority (San Bernardino County, California); the Forward Greensboro (North Carolina) Economic Development Partnership; and the Tri-Cities (Tennessee/Virginia) Economic Development Alliance.

Mr. Dale has an active interest in environmental mitigation and habitat conservation planning. For many years he has served on the board of an environmental nonprofit accredited by the Land Trust Alliance. For six years, Mr. Dale served on a technical review team for the Northern and Eastern Colorado Desert Coordinated Management Plan, a multi-agency land use planning effort led by the U.S. Bureau of Land Management.

Reflecting his longstanding interest in sustainability issues, he serves on the Board of the Roberts Environmental Center – a leading publisher of global climate change research and the nation’s foremost analyst of corporate sustainability reporting. He has recently completed feasibility studies and related economic development strategies for solar energy projects in California, Arizona, and China. He has prepared more than 50 economic analyses as part of environmental impact reports, pursuant to the requirements of the California Environmental Quality Act (CEQA).

Education. Mr. Dale received his B.A. cum laude in Economics from Claremont McKenna College in Claremont, California. He also holds a master's degree in Resource and Environmental Economics from the University of California at Riverside. Mr. Dale has also completed certification for “Real Estate Climate Action, Risk Assessment, Resilience, Net Zero Success” through the Harvard Graduate School of Design’s executive education program.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
16 Representative Project Experience in Economic Development Strategic Planning (all projects managed by Roger Dale): (projects are shown by client name followed by project name)

• Kern County, California: Analysis of Potential Economic Benefits of Carbon Management Industry (2023)
• Sonoma County, California: Comprehensive Economic Development Program Review (2022) • Antioch, California: Economic Baseline and Strategic Plan (2022) • Bakersfield, California: Economic Development Strategic Plan (2021) • Vista, California: Economic Development Strategic Plan (2021) • Menifee, California: Comprehensive Economic Development Strategy (2019) • Beaumont, California: Economic Development Strategic Plan (2019) • San Bernardino, California: Comprehensive Economic Development Strategy (CEDS) for IVDA/SBIAA (2018)
• Camarillo, California: Economic Development Strategic Plan (2018) • Palm Desert, California: Economic Development Strategic Plan (2018) • Ventura County, California: Economic Vitality Strategic Plan (2017) • Larimer County (Fort Collins), Colorado: Economic Development Asset Assessment (2016) • Kyle, Texas: Target Industry Study and Economic Development Strategic Plan (2015) • Yuma, Arizona: IMCP Strategic Plan (2014)
• Garland, Texas: Target Industry Strategy (2014)
• Escondido, California: Economic Development Master Plan (2013) • Osceola County, Florida: Economic Diversification Strategy (2012) • Los Angeles, California: Economic Development Strategy for Solar LA (2009) • Northeast Tennessee/Southwest Virginia: Target Industry Analysis (2006) • Ventura, California: Business Plan for “Eco Industry” Industrial Park (2003) • The National and Regional Directory of Targeted Growth Industries (2002) • Greensboro (Guilford County), North Carolina: Industry Attraction Strategy (2001)

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
17 Alan Levenson, SENIOR ASSOCIATE • TNDG
Overview. Mr. Levenson brings to The Natelson Dale Group, Inc. an academic background in economic theory with particular emphasis on economic development. Prior to joining the firm, Mr. Levenson spent two years as a research consultant for NEMESIS (Núcleo de Estudos Modelos Espaciais Sistêmicos), which is a research network dedicated to the study of systemic spatial models of the Brazilian economy.

A significant focus of Mr. Levenson’s work at TNDG has been on preparing regional economic impact analyses for a wide range of projects. Among others, these projects have included a major regional health care facility in Riverside, CA, a technology and education park in Tustin, CA, a business park in Victorville, CA, and a highway construction interchange project in Pima County, AZ. These analyses have involved modeling various projects’ short-term (construction-phase) and permanent (annually recurring) benefits to the regional economy. The benefits have been summarized by estimating a project’s impact on total gross output, value added, earnings, and employment in the region. As part of this work, Mr. Levenson has experience with the major economic impact modeling software packages, including the Bureau of Economic Analysis’s Regional Input-Output Modeling System (RIMS) and the Minnesota Implan Group’s IMPLAN program.

Mr. Levenson has managed the preparation of a number of regional economic development plans, with a particular focus on industry “cluster” strategies. This work has involved a wide range of activities: from performing quantitative/ statistical analysis to more qualitative analysis, including conducting numerous interviews with key players of potential clusters. Mr. Levenson has participated in industry cluster studies for the following clients: the Forward Greensboro (North Carolina) Economic Development Partnership, the Tri-Cities Tennessee Cluster Study (Tennessee), the Yuma Private Industry Council (Arizona), and the City of San Buenaventura (California).

Education. Mr. Levenson joined TNDG after receiving his B.A. with honors in Economics and Political Science from the University of California at Riverside. Mr. Levenson’s undergraduate studies included additional coursework in applied mathematics related to economic analysis. He also holds a Master’s in Business Administration degree, with a concentration in Real Estate Finance, from UCLA’s Anderson School of Management.

Representative Project Experience in Economic Development Strategic Planning (Alan Levenson served as Project Associate): (projects are shown by client name followed by project name)

• Kern County, California: Analysis of Potential Economic Benefits of Carbon Management Industry (2023)
• Antioch, California: Economic Baseline and Strategic Plan (2022) • Bakersfield, California: Economic Development Strategic Plan (2021) • Vista, California: Economic Development Strategic Plan (2021) • Menifee, California: Comprehensive Economic Development Strategy (2019) • Beaumont, California: Economic Development Strategic Plan (2019) • Camarillo, California: Economic Development Strategic Plan (2018) • Palm Desert, California: Economic Development Strategic Plan (2018) • Stockton, California: Economic Development Strategic Plan (2015) • Kyle, Texas: Target Industry Study and Economic Development Strategic Plan (2015) • Yuma, Arizona: IMCP Strategic Plan (2014)

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
18 • Escondido, California: Economic Development Master Plan (2013) • Osceola County, Florida: Economic Diversification Strategy (2012) • Yuma County, Arizona: Workforce and Economic Development Summit (2001, 2011) • Los Angeles, California: Economic Development Strategy for Solar LA (2009) • Northeast Tennessee/Southwest Virginia: Target Industry Analysis (2006) • Anaheim, California: Industry Location Analysis and Attraction Strategy (2005) • Ventura, California: Business Plan for “Eco Industry” Industrial Park (2003) • The National and Regional Directory of Targeted Growth Industries (2002) • Greensboro (Guilford County), North Carolina: Industry Attraction Strategy (2001)

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
19 Joseph McClure, SENIOR ASSOCIATE • TNDG
Overview: Joe McClure has served as principal or in other key roles in land economics research and advisory-services organizations for over 35 years. During this period, Joe’s practice has focused on the following outputs:

• Economic development strategic focus: consolidating views on a region’s economic development targets, workforce, issues, and approaches, integrating target industries into the local economy, and relating a region’s existing economic base to its competitive region. • Market analyses with fiscal and strategic components: highest and best use analysis, analysis of rapidly growing trade areas, cash flow and development strategy analysis, fiscal benefits of development.
• Fiscal/economic analyses with a strategic component: impacts on the business community and tax receipts from freeway and other road projects, and assessing redevelopment prospects of under- performing areas.
• Special research projects, including studies of local labor forces and employer-employee relations, economic impacts of bicycle recreation, and transit behaviors and opinions in rural regions.

Mr. McClure’s multidisciplinary background incorporates many phases of the community and real estate development process: economic analysis and strategy development, market and financial feasibility assessment, and planning and design. Joe has a M.S. in Urban Planning, in a program that emphasized regional economics, from the University of Arizona and completed additional postgraduate work in economic geography at UA. He has a B.S. in Architecture from the University of Cincinnati. Mr. McClure is a registered architect in Arizona and a member of the Western Regional Science Association (WRSA)— an international group of economic geographers, the Urban Land Institute (ULI), and the Arizona Association for Economic Development (AAED). He has presented papers on business and economic development issues at economic development conferences, has served as Adjunct Lecturer at the University of Arizona in the Geography and Regional Development program, and on ULI Advisory/Technical Services Teams.

McClure served as a Civil Engineering Officer in the U.S. Air Force.

Education: Joe has an M.S. in Urban Planning, in a program that emphasized regional economics, from the University of Arizona and completed additional post graduate work in economic geography at UA. He has a B.S. in Architecture from the University of Cincinnati.

Representative Project Experience in Economic Development Strategic Planning Note: please also see all projects managed by Roger Dale listed within his resume, above, for J. McClure experience):

Some additional projects of Joe McClure his that are not already mentioned elsewhere in this proposal include:

ULI Technical Assistance Panels (2017, 2019). For ULI Arizona Technical Assistance Panels, McClure joined a group of planners, architects, engineers, and developers researching conditions related to generating alternatives to revitalizing the 32nd Street Corridor in Phoenix north of Shea Boulevard, and for revitalizing Downtown Eloy, Arizona.

Market Assessment and Benefits Analysis for CityScape, a Downtown Phoenix Destination Retail Center (2015 and prior). Estimated fiscal benefits to a participating jurisdiction from major redevelopment project

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
20 that considerably boosted the potential for Downtown Phoenix to be a destination for office and commercial activity.

Identification and Review of Key Economic Development Influences, Town of Florence (2020).

Documented a wide range of economic, development, demographic, and tourism data as a background to preparing an initial assessment of the Florence economy in relation to the surrounding region, including Pinal County and parts of metro Phoenix and Tucson.

Market and Economic Development Feasibility Study for Navajo Nation FBFA Area (2018). A nalysis to determine the commercial development potential of a nine-chapter region and several specific site areas, through a market demand analysis of multiple trade areas. Project included evaluation of tourism activity and potential, including transportation access and linkages with regional destination attractions. (As IDS+A team member).

Economic Impacts of Bicycling in Arizona, for AZ Department of Transportation (2013). M cClure
Consulting was prime contractor for this project, which involved a variety of research processes including contacting all bicycle dealers and bicycle event and tour operators in Arizona, compiling primary and secondary data on sales, event details, etc. and estimating expenditures by out-of-state visitors to AZ.

Estimating process included compiling state and national-level data on sales patterns, tourist spending, and other details.

Transit in Greater Arizona, for the Arizona Department of Transportation (2017) . McClure Consulting was prime contractor for this project, which involved multiple research steps including an in-depth survey of households in Greater Arizona, and inventory of transit providers, and an online survey of providers, and an extensive literature review and compilation of information relevant to a future state transit plan.

Smart Transportation Guidebook, for the Arizona Department of Transportation (2014). M cClure Consulting was a subcontractor for this project, providing input on economic considerations related to various transportation planning, policy, and infrastructure issues. The project included extensive research focused on literature pertaining to these issues.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
21 Joe Collins, ASSOCIATE • TNDG
Overview: Joseph Collins serves as a Research Associate for TNDG. Over the years, his professional career has involved him in a variety of both private and public projects in the Midwest and Southwest US. His varied experience includes: fiscal and land economic feasibility analysis, geospatial and descriptive data analytics, graphic presentation, market analysis, and the practice of urban planning and development, as summarized below.

• Market Analysis of Greater Phoenix Metropolitan Area for Industrial, Multifamily, Office, and Retail Real Estate Inventory.
• Analyzing required development improvements and associated costs pertaining to large tracts of land planned for single-family residential subdivisions and planned industrial pad sites. • Analyzing costs/benefits of single-family residential development versus various commercial development options within municipalities.
• Analyzing the costs/benefits of annexation of established residential subdivisions. • Conducting land use analysis and absorption studies, and real estate appraisal and market analyses.
• Geospatially analyzing building, property, land use, zoning, parking, traffic, demographic, economic, financial, tax, and other associated qualitative/quantitative data for various projects. • Developing a Geographic Information System (GIS) relational parcel database for various properties located in a downtown area.
• Providing graphic support in the creation of various reports, exhibits, presentations, and other associated media used to present to the public, various boards and commissions, city councils, non-profit associations, and private clients.
• Providing project coordination for the creation of an interactive website for departmental customer service.
• Conducting research and technical analysis to evaluate findings and/or to take action on various real estate development applications, land use decisions, and processing other regulatory actions associated with the development of real estate.
• Designing marketing and relocation packages for potential businesses looking to purchase and/or lease property.
• Reviewing construction plans for conformance with applicable city regulations, policies, and requirements.

Certain elements of the work described above were accomplished through the following entities, in addition to his experience with TNDG:
• Downtown Partnership of Hutchinson, Kansas
• Dan Weir Real Estate Company, CCIM
• City of Olathe, Kansas
• City of Scottsdale, Arizona
• Valuation and Advisory Services, CB Richard Ellis
Education: Mr. Collins obtained a M.B.A. from Grand Canyon University in Phoenix, Arizona, a M.S. in Regional and Community Planning from Kansas State University in Manhattan, Kansas, and a B.S. in Geography/Community Planning from Kansas State University. In addition, he has completed coursework for general real estate appraisal at the Arizona School of Real Estate and Business in Scottsdale, Arizona.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
22 Paul M. Saldana, CEcD
Overview
Paul Saldana has served as an economic and business consultant and an economic development practitioner, leading city, county, and regional economic development organizations, along with various academic roles in the economic/economic development field. He is responsible for 16 national, state, and regional awards for economic development programs and has received numerous individual recognitions for professional achievement and advocacy.

Education
 California Baptist University, Doctor of Education, Organizational Change & Administration (ABD 9/24)
 Crown College, Master of Business Administration (4.0 GPA)  Crown College, Bachelor of Science, Business Administration (With Distinction – 4.0 GPA) Certifications & Credentials
 International Economic Development Council, Certified Economic Developer (CEcD)  California Commission on Teacher Credentialing, Career Technical Education Credential  California Commission on Teacher Credentialing, Substitute Teaching Credential

Professional Experience
Economic & Business Consultant
dba Economic Growth Strategies, November 2020 to Present, Selected engagements:
• Small Business Advisor: Structure and deliver technical assistance to small business clients, including business planning, marketing, and financial management. • Economic Development Strategic Plan: Completed a regionwide economic development strategy for a city in the southern US, home to a major university and historic downtown features. • Comprehensive Economic Development Strategy: Prepared the 5-year CEDS (EDA funded) for a California Indian Tribe, including a target strategy and tribal business opportunities analysis. • Airport Target Market Analysis: Developed a target industrial analysis, marketing strategy and land use concepts for a special-district-owned airport in Southern California, with a focus on advanced aeronautics and UAV technologies.
• Pandemic Economic Recovery & Resiliency Plan: Prepared an economic recovery and resiliency plan for multi-county region in California, with update to the current CEDS. • Recovery & Resilience Strategies for Pandemics: Provided technical assistance in the development of a regional economic resilience program in rural Washington state. • Tourism Destination Marketing Strategy: Prepared a destination analysis and marketing strategy for an historic community in Louisiana. Strategy included action steps and anticipated outcomes.

Director, Economic & Community Development Department. City of Bakersfield (CA) June 2021 to May 2023
Selected Experience Highlights: Led the establishment and organization of the new department. Directed the completion of the City’s Economic Development Strategic Plan, Affordable Housing Strategy and Transformative Climate Communities Plan. Managed budget of $107 million and a staffing complement of

32. PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
23 President & Chief Executive Officer. Economic Development Corporation, Tulare County, CA, January 2001 to November 2020
Selected Experience Highlights: Led the nonprofit organization to international accreditation and national acclaim. Formulated site selection proposals for companies, including analysis of demographic, socioeconomic, consumer, business, and workforce data, resulting in the creation of thousands of new jobs for residents. Engineered the achievement of federal and state designations, including enterprise/incentive zone, opportunity zone, tourism welcome center and small business loan programs.

Director, Community & Economic Development Department, City of Atascadero, CA, February 1998 to January 2001
Managing Director, Shafter Community Development Agency. City of Shafter, CA, 1992 to February 1998 Deputy Director/Economic Development Consultant. County of Placer, Office of Economic Development (Auburn, CA) January 1991 to December 1992
Economic Development Director/SBDC Director. I nland Empire Economic Council (Ontario, CA) September 1989 to July 1991
Managed the business recruitment and marketing effort for multi-county organization, including providing site selection services for national and international clients. Created and managed the Inland Empire Small Business Development Center and staffed the Global Trade Association.

Academic Experience
Faculty Member, Finance & Economics, School of Business. Fresno Pacific University (Fresno, CA) July 2021 to present
Adjunct Faculty, School of Business. Crown College (Saint Bonifacius, MN) July 2020 to August 2021 Assistant Director/Faculty Member. CETYS University (Baja California, MX) 2004-2009.

Faculty Member, Economic Development Institute. University of Oklahoma, 1999-2005 Selected Professional Development
 Planning for Economic Recovery, International City Managers Association  Digital Economic Development University, Certified Digital Economic Developer  California Tax Education Council, California Registered Tax Preparer Certification  Johns Hopkins University, COVID-19 Contact Tracing Certificate  International City Managers Association, Planning for Economic Recovery Program  Ernst & Young, Site Selection: Corporate Location in Today’s Rapidly Changing Environment  National Development Council, Economic Development Finance & Credit Analysis  Industrial Development Research Council (IDRC), Site Selection & Location Analysis

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
24 E. CONSULTANT’S WORK PLAN
TNDG’s work plan would fully address all tasks/elements outlined in the City’s RFP. In the interest of clarity, the table below shows the RFP task descriptions in the left column and describes the unique aspects of TNDG’s approach to each task in the right column (in blue font). Additional descriptions of our proposed Community Engagement plan and the expected contents of the Economic Development Strategy are provided after the table.

Work Scope Outlined in City’s RFP TNDG’s Approach to Each Task

1. Internal Project Kickoff Meeting
Consultant shall convene a kick-off mee�ng with
City staff to confirm key responsibili�es, scope
of work, schedule and project goals. The team
shall discuss a Community Engagement Strategy
to ensure broad -based community input and
support. The City shall provide the Consultant
with relevant and available plans, studies and
data sets per�nent to the project.

TNDG would facilitate a virtual kickoff mee�ng
with City staff; all TNDG team members would
atend the mee�ng.

Prior to the mee�ng, TNDG would provide the
following to the City:
• Mee�ng agenda
• Dra� Community Engagement Strategy
• Informa�on request (“wish list” of data,
reports, etc. to be provided by the City)

During the mee�ng, TNDG and City staff would
iden�fy an “i�nerary” for TNDG’s ini�al site visit
to San Pablo (i.e., list of development sites/areas
to be documented in field, list of stakeholders to
be interviewed on site, etc.).

2. Identify Needs and Available Economic Development Resources a. inventory the City’s exis�ng economic
development projects, including but not
limited to assessment of developable land
that could be used to meet the growth needs
of commercial/retail and/or housing;
Based informa�on supplied by the City, the TNDG
team would review exis�ng land use plans and
pending development projects to iden�fy:
• Realis�c capacity for new development
(citywide)
• Key development sites (including
documenta�on of site loca�on, site
acreage, exis�ng uses, zoning, proximity
to key infrastructure, and status of any
pending development projects

As appropriate, condi�ons related to each major
“opportunity site” would be further documented
based on TNDG’s field research.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
25 Work Scope Outlined in City’s RFP TNDG’s Approach to Each Task b. analyze and summarize the need for
economic development and the role the City
can play in helping to provide and increase
opportuni�es for business and housing;
This task (which will provide a founda�onal
analysis in support of Task 2.b below) will include
the following steps:
• Documenta�on of City’s exis�ng
economic development and affordable
housing policies, programs, plans and
strategies (including available informa�on
about exis�ng staffing and budget
resources devoted to these efforts)
• Analysis of staffing and budget levels for
comparable programs for selected “peer
ci�es” in Contra Costa County
c. summarize the status of exis�ng policy,
programs, capacity and context; iden�fy
exis�ng or planned available development
projects citywide; and provide an inventory of
appropriate Best Prac�ces/op�ons for
achieving the goal of preserving and
expanding housing and business
opportuni�es.

Based on the informa�on and compara�ve
metrics compiled in Task 2.a above, TNDG will:
• Summarize San Pablo’s exis�ng policies
and programs rela�ve to benchmarks
from the “peer city” analysis
• Iden�fy best prac�ces from the peer
ci�es (and also from TNDG’s longstanding
research of this topic throughout
California) and compare these to San
Pablo’s exis�ng service delivery
• Iden�fy needs for expanded capacity in
San Pablo
• Preliminarily iden�fy op�ons for
expanding programma�c support for
affordable housing and business
development (these op�ons would be
defined in greater detail in the Economic
Development Strategy (Tasks 5 and 6
below) and would reflect the poten�al for
some func�ons to be carried out through
partnerships with non-City en��es

3. Community Engagement
a. Community Engagement Strategy: Consultant
shall propose recommenda�ons in the form
of a memo to the City for the community
engagement component of the Economic
Development Strategy.

In advance of the project kickoff mee�ng, TNDG
would prepare a memo outlining dra�
recommenda�ons for the Community
Engagement Strategy. This memo would be
refined and finalized based on City staff’s
comments on the dra�.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
26 Work Scope Outlined in City’s RFP TNDG’s Approach to Each Task (A preliminary outline of suggested components
of the community engagement program is
provided a�er this table.)
b. Community Workshop(s): Consultant shall
facilitate Community or Elected/Appointed
Official Workshops, in coordina�on with City
staff and other engagement strategies as
provided in the Community Engagement
Strategy (3a) to garner community input
throughout the planning process as
applicable.

Per the outline below this table, TNDG is
proposing to facilitate two community workshops
(among a “suite” of other engagement
techniques) as part of this contract:
• One workshop for the business
community; and
• One workshop oriented to the general
public.

Real-�me Spanish interpreta�on services would
be provided for these mee�ngs.

4. Market Analysis
Consultant shall provide a summary of the market
factors that influence or contribute to
development and implementa�on of housing and
business strategies, i.e. the challenges,
opportuni�es and constraints provided by the
market in the provision of affordable housing
within the City.

Given the constrained land resources typical of
older and mostly built out communi�es, TNDG
believes that impac�ul economic development in
San Pablo will largely depend on the City’s ability
to atract private development/redevelopment
investment to key opportunity sites. To maximize
the economic and community benefits of the
remaining development opportuni�es in San
Pablo, it will be essen�al for the Economic
Development Strategy (and related zoning and
land use policies) to be aligned with an�cipated
market demand for new development. This
development can, in turn, create capacity for
expanded employment in targeted high-value
industries.

Reflec�ng the above understanding, TNDG’s
market analysis will include two separate but
related components:
• Real estate demand analysis; and
• Target industry analysis.

Real estate market analysis. TNDG’s real estate
market analysis will iden�fy future development
opportuni�es for the following land use
categories:
• Retail/restaurant/entertainment
• Office/business park

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
27 Work Scope Outlined in City’s RFP TNDG’s Approach to Each Task • Industrial
• Mul�-family residen�al (with a focus on
affordable housing opportuni�es)
• Mixed-use projects combining mul�ple
land uses

To remain within the available budget for this
contract, TNDG’s real estate forecasts would
leverage a combina�on of quan�ta�ve and
qualita�ve informa�on sources:
• CoStar data on exis�ng inventories,
vacancy rates and recent/historic
absorp�on trends (at city and regional
levels);
• Developer interviews (and/or focus group
mee�ngs) as part of the Community
Engagement Strategy;
• Profiles of key opportunity sites (from
Task 2.a), represen�ng an important
aspect of the City’s overall capacity and
compe��veness to atract new
investment;
• Profiles of pending development projects
in San Pablo; and
• Relevant data and strategic direc�on
from exis�ng City plans and policies
(including the Affordable Housing
Strategy, Economic Posi�oning Study and
Opportunity Sites Feasibility Analysis).

Target industry analysis. TNDG’s target industry
analysis will focus on iden�fying San Pablo’s most
promising opportuni�es to grow high-wage jobs
suitable for the local workforce. In order to be
cost efficient within this process, TNDG will
leverage market data and studies that the firm
has recently completed for other Contra Costa
County communi�es (including neighboring
Pinole). TNDG will also u�lize available data and
strategies published by regional organiza�ons
focused on industry development (including San
Pablo Economic Development Corpora�on,
Contra Costa County Economic Development, and
the East Bay Economic Development Alliance).

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
28 Work Scope Outlined in City’s RFP TNDG’s Approach to Each Task

5. Draft Economic Development Strategy Plan
Consultant shall develop an implementa�on plan
in coordina�on with City staff for the Economic
Development Strategy to iden�fy poten�al
implementa�on steps and ac�ons, �ming and
resources needed, to increase the supply and
preserve businesses and housing and the vision
of the City is achieved. The Plan shall include an
analysis of the financial and personnel resources
required to implement the recommended
strategies and ac�ons and iden�fy resources
available to the City.

Based on the preceding tasks, TNDG will prepare
a detailed Implementa�on Plan for the Economic
Development Strategy. The Implementa�on Plan
reflect the following considera�ons (as iden�fied
during the course of the project:
• Best prac�ces for economic development
programs for comparably situated ci�es;
• Market/development opportuni�es
within the context of San Pablo’s land
capacity and regional market
compe��veness;
• Iden�fica�on of funding sources and
financing mechanisms relevant to the
City’s economic development
programming;
• Poten�al for leveraging City resources
through partnerships with external
organiza�ons; and
• Stakeholder consensus on priori�es; and
• Equitable deployment of resources within
the context of the needs of specific
neighborhoods/subareas.

(Addi�onal details on the content of the
Implementa�on Plan are provided a�er this
table.)

6. Final Economic Development Strategy
Consultant shall develop a Citywide Strategy
based upon the outcomes of the above. The
strategy shall include, at a minimum, an analysis
of economic development goals and policies and
how the strategy fulfills these goals, an analysis of
development affec�ng the City, projec�ons of
future housing and business needs and
recommended ac�on steps needed to preserve
and increase the supply of housing and business.

Based on City/stakeholder feedback on the dra�
Implementa�on Plan, the TNDG team will
prepare a final citywide Economic Development
Strategy.

7. Final Economic Development Strategy Presentation to the Economic Development, Housing & Project Management Standing Committee, and Council
Following City comments and revisions,
Consultant shall prepare a Final Dra� Economic
Development Strategy for presenta�on to the
TNDG will prepare a visually atrac�ve
PowerPoint presenta�on or other media for use
at “roll-out” mee�ngs for the Economic

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
29 Work Scope Outlined in City’s RFP TNDG’s Approach to Each Task Economic Development, Housing & Project
Management Standing Commitee and City
Council or other public body to be determined by
the City.

Development Strategy. TNDG’s Managing
Principal (Roger Dale) would be the lead
presenter and would respond to stakeholder (or
media) ques�ons a�er the presenta�ons.

Potential Approach to Stakeholder / Community Engagement

The TNDG team recognizes the critical role of stakeholder/community engagement in effective economic development strategic planning. In addition to providing valuable insight on local economic conditions, a well-designed outreach program is an essential means of ensuring that the overall planning process is well implemented from a diversity/equity/inclusion perspective. We are providing (below) a preliminary outline of our potential approach to stakeholder engagement for San Pablo. It would be our expectation that the outreach program would be refined based on the City’s preferences (to be discussed during the project kickoff meeting). As needed, our team will provide bilingual capacities at community meetings.

TNDG’s stakeholder/community engagement process would potentially include the following components:

• Two (2) invitation-only stakeholder workshops billed as the “San Pablo Economic Development Summit” (designed to be a two-part series of meetings for a diverse cross section of real estate, affordable housing, economic development and workforce development, and community-based stakeholders);

• Two (2) community workshops, including one (1) oriented toward residents and one (1) oriented toward business stakeholders;

• Interviews (and/or focus group meetings) with representatives of the development community (including affordable housing developers);

• Interviews with other key stakeholders (including representatives of community-based organizations) identified by City staff;

• Presentation of the final Plan to the City’s Economic Development, Housing & Project Management Standing Committee; and

• Presentation of the final Plan to the San Pablo City Council for consideration and approval; and

• Ongoing coordination meetings with City staff.

The general formats of the stakeholder (“Summit”) meetings and community workshops are described below. These formats would be customized based on local needs and preferences.

Economic Development Summit Meetings. TNDG would work with City staff to identify a broad range of public and private stakeholders to be invited to participate in a series of two workshops (2 hours each) to

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
30 guide preparation of the Action Plan. The invited stakeholders would include a mix of public and private sector leaders in the following categories: key City departments, regional economic development partnerships, local business organizations (e.g., Chamber of Commerce), education/workforce development organizations, real estate development community (selected commercial/industrial brokers and developers), major private sector employers, and community/neighborhood-based organizations.

TNDG’s budget assumes that Summit Meeting #1 would be in person and Summit Meeting #2 would be virtual. Two senior members of the TNDG team would participate in each meeting and serve as facilitators.

The proposed sequence of the Summit meetings (which would be scheduled approximately one month apart) would be as follows:

• Summit Meeting #1: The TNDG team would facilitate a group discussion to get the stakeholders’ preliminary ideas on key issues, constraints and opportunities affecting San Pablo’s economic development potentials and priorities.

• Summit Meeting #2: TNDG would present a preliminary strategic framework for the plan and then facilitate a group discussion to get stakeholder input on potential implementation strategies.

Community Workshops. To supplement the invitation-only workshops, TNDG’s outreach programs typically include two (2) community workshops open to the general public: one (1) workshop oriented toward residents and one (1) workshop oriented toward the business community. These workshops would be scheduled relatively early in the process (concurrent with Summit Meeting #1) and would be held in person. The workshops would focus on getting the general public’s input on the most important issues and opportunities to be addressed as part of the Economic Development Strategy.

Implementation Plan Roll-out. TNDG would roll-out the Implementation Plan via presentations to the following key audiences:
• City Council
• City’s Economic Development, Housing & Project Management Standing Committee

Example of innovative roll-out presentation
The TNDG team uses a variety of modalities for communicating strategic recommendations to city officials and their constituencies. As an example of an innovative presentation of a strategic plan, the following link provides a pre-recorded (13-minute) video presented (by TNDG Principal Roger Dale) to the Antioch, CA City Council:

https://www.antiochca.gov/economic-development/economic-development-strategic-plan/

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
31 Anticipated Elements of Economic Development Strategy

The TNDG team will integrate the findings and strategic implications from all preceding tasks into an action-oriented Economic Development Strategy (and Implementation Plan) for San Pablo. The Plan will provide a succinct blueprint for the City’s future economic development programming. Whereas the final organization of the document will be customized to reflect the unique opportunities and constraints discovered during the planning process, TNDG anticipates that the Implementation Plan will be organized in terms of the following elements:

 Strategy for Business Retention/Expansion/Attraction and Entrepreneurial Development reflecting the specific industry clusters and market segments identified in the market analysis.

 Strategies to support development/redevelopment of key opportunity sites, including specific recommendations for future enhancements to the land use mix (based on the market analysis) and in incentivizing affordable housing production.

 Specific Recommendations for Leveraging Key Regional Initiatives and Resources within the City’s overall development and business attraction efforts.

 A strategy to address Foundational Elements, including: 1) recommendations regarding physical infrastructure improvements and other “capacity building” issues affecting the viability of the target industries, 2) integration of existing assets such as educational and workforce development systems, and 3) recommended measures to ensure the City’s “business friendliness” (reflecting key competitiveness issues identified in the proceeding tasks).

 Specific Recommendations for Economic Incentives the City could utilize to attract targeted development and business types.

 A Prioritization Matrix indicating the potential timing of the various action items, and identifying the specific projects and programs that would provide the best leverage of available resources.

 Recommended Staffing/Organizational Structure for the City’s economic development programming (these recommendations will include options for managing some portions of the program through partnerships with external organizations).

 A Responsibility Matrix indicating the entities who would most appropriately be tasked with carrying out various action items (including collaborating regional agencies and private sector “partners”).

 A Monitoring Program to track the implementation of the Plan and to refine strategy objectives over time. The monitoring program will include performance-based “metrics” utilizing readily available data sources.

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
32 F. SCHEDULE

The TNDG team would complete this assignment within approximately three months (12 weeks) of authorization to proceed. The estimated completion timeframes for each major task are outlined as follows:

Major Tasks Comple�on Timeframe

1. Project Kickoff Mee�ng Week 1

2. Iden�fy Needs and Available Economic
Development Resources
Weeks 1-4

3. Community Engagement Summit Mee�ng #1: Week 5
Summit Mee�ng #2: Week 9
Community workshops (2): Week 5
Developer/stakeholder interviews: Weeks 1-6

4. Market Analysis Weeks 5-7

5. Dra� Economic Development Strategy Plan Week 9

6. Final Economic Development Strategy Week 12

7. Presenta�ons Commitee and Council Week 12 (or later, as determined by regular mee�ng schedules of Commitee and Council)

PROPOSAL FOR ECONOMIC DEVELOPMENT STRATEGY
The Natelson Dale Group, Inc.
33 G. BUDGET / COST PROPOSAL

The TNDG Team would complete the proposed scope of work for a total fixed fee of $49,915 (FORTY-NINE THOUSAND, NINE HUNDRED AND FIFTEEN DOLLARS). The breakdown of this budget in terms of consultant hours by task (and hourly rates by team member) is estimated as follows:

$265 $265 $210 $210 $140
Dale Saldana McClure Levenson Collins
Kickoff Meeting (including preparation time) 2 1 1 1 1 $1,355 Identify Needs and Resources 8 12 - - 8 $6,420 Community Engagement Strategy (memo) 2 - - - - $530 -Summit Meeting #1 (in person) 6 6 - - 4 $3,740 -Summit Meeting #2 (virtual) 4 4 - - 4 $2,680 -Developer/stakeholder interviews 12 8 - - - $5,300 -Community workshops (in person) 4 4 - - 4 $2,680 Market Analysis (real estate demand) 12 - - 20 - $7,380 Market Analysis (target industries) 8 - - 8 - $3,800 Draft EDS 12 - 16 - 8 $7,660 Final EDS 4 - 6 - - $2,320 Standing Committee Presentation (virtual) 2 - - - 2 $810 City Council Presentation (in person) 4 - - - 2 $1,340 Sub-total, Professional Fee 80 35 23 29 33 $46,015 Expenses:

Travel $2,400
Interpretation Services $1,500
Total Cost $49,915
Hourly rates ---► Costs
Work Scope Element Hours

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