HomeMy WebLinkAboutEconomic & Planning Systems, Inc. Agreement Consultant - 6-18-21
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effect on ____________________, by and
between the CITY OF FRESNO, a California municipal corporation (City), and Economic
& Planning Systems, Incorporated (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional municipal fiscal modeling, analysis,
and consulting services for the General Plan Fiscal Impact Analysis (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
municipal fiscal analysis consultant and hereby represents that it desires to and is
professionally and legally capable of performing the services called for by this Agreement;
and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19;
and
WHEREAS, this Agreement will be administered for the City by its Director of Planning
and Development (Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform to the satisfaction of the City the
services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect through June 30, 2022, subject to any earlier termination in accordance
with this Agreement. The services of the Consultant as described in Exhibit A are
to commence upon the Effective Date and shall be completed in a sequence
assuring expeditious completion, but in any event, all such services shall be
completed prior to expiration of this Agreement and in accordance with any
performance schedule set forth in Exhibit A.
3. Compensation.
(a) The Consultant’s sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total
fee not to exceed $214,500, paid on the basis of the rates set forth in the
schedule of fees and expenses contained in Exhibit A.
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month and will be payable in the normal course of City business.
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The City shall not be obligated to reimburse any expense for which it has
not received a detailed invoice with applicable copies of representative and
identifiable receipts or records substantiating such expense.
(c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modification shall include an adjustment to the
Consultant’s compensation. Any change in the scope of services must be
made by written amendment to the Agreement signed by an authorized
representative for each party. The Consultant shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to the Consultant
upon the earlier of: (i) the Consultant’s filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by
a third party against the Consultant; (ii) seven calendar days prior written notice
with or without cause by the City to the Consultant; (iii) the City’s non-appropriation
of funds sufficient to meet its obligations hereunder during any City fiscal year of
this Agreement, or insufficient funding for the Project; or (iv) expiration of this
Agreement.
(b) Immediately upon any termination or expiration of this Agreement, the Consultant
shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of
its subcontractors to cease work; and (iii) return to the City any and all unearned
payments and all properties and materials in the possession of the Consultant that
are owned by the City. Subject to the terms of this Agreement, the Consultant
shall be paid compensation for services satisfactorily performed prior to the
effective date of termination. The Consultant shall not be paid for any work or
services performed or costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily perform
in accordance with the terms of this Agreement, the City may withhold an amount
that would otherwise be payable as an offset to, but not in excess of, the City’s
damages caused by such failure. In no event shall any payment by the City
pursuant to this Agreement constitute a waiver by the City of any breach of this
Agreement which may then exist on the part of the Consultant, nor shall such
payment impair or prejudice any remedy available to the City with respect to the
breach.
(d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise
any right, remedy (in contract, law or equity), or privilege which may be available
to it under applicable laws of the State of California or any other applicable law; (ii)
proceed by appropriate court action to enforce the terms of the Agreement; and/or
(iii) recover all direct, indirect, consequential, economic and incidental damages
for the breach of the Agreement. If it is determined that the City improperly
terminated this Agreement for default, such termination shall be deemed a
termination for convenience.
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(e) The Consultant shall provide the City with adequate written assurances of future
performance, upon Administrator’s request, in the event the Consultant fails to
comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the Consultant and without its fault
or negligence such as, acts of God or the public enemy, acts of the City in its
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,
unusually severe weather, and delays of common carriers. The Consultant shall
notify Administrator in writing as soon as it is reasonably possible after the
commencement of any excusable delay, setting forth the full particulars in
connection therewith, and shall remedy such occurrence with all reasonable
dispatch, and shall promptly give written notice to Administrator of the cessation of
such occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by the Consultant without the prior written
approval of the Administrator. During the term of this Agreement, and
thereafter, the Consultant shall not, without the prior written consent of the
City, disclose to anyone any Confidential Information. The term Confidential
Information for the purposes of this Agreement shall include all proprietary
and confidential information of the City, including but not limited to business
plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium
or media. All Confidential Information shall be and remain confidential and
proprietary in the City.
(b) Any and all writings and documents prepared or provided by the Consultant
pursuant to this Agreement are the property of the City at the time of
preparation and shall be turned over to the City upon expiration or
termination of the Agreement. The Consultant shall not permit the
reproduction or use thereof by any other person except as otherwise
expressly provided herein.
(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement, the City relies upon the
skill of the Consultant and any subcontractors to do and perform such services in
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a skillful manner and the Consultant agrees to thus perform the services and
require the same of any subcontractors. Therefore, any acceptance of such
services by the City shall not operate as a release of the Consultant or any
subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, the Consultant shall
indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of the Consultant, its
principals, officers, employees, agents, or volunteers in the performance of this
Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than “A-VII” in the
Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the
City’s Risk Manager or designee at any time and in his/her sole discretion.
The required policies of insurance as stated in Exhibit B shall maintain
limits of liability of not less than those amounts stated therein. However,
the insurance limits available to the City, its officers, officials, employees,
agents, and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds
to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately, and all payments due or that
become due to the Consultant shall be withheld until notice is received by
the City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its
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responsibilities under this Agreement. The phrase “fail to maintain any
required insurance” shall include, without limitation, notification received by
the City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by the Consultant shall not be deemed
to release or diminish the liability of the Consultant, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify the City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the
Consultant. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of the Consultant,
its principals, officers, agents, employees, persons under the supervision of
the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with the Consultant and the City prior to the commencement of any services
by the subcontractor. The Consultant and any subcontractor/sub-
consultant shall establish additional insured status for the City, its officers,
officials, employees, agents, and volunteers by using Insurance Service
Office (ISO) form CG 20 10 11 85 or both CG 20 10 10 01 and CG
20 37 10 01 or by an executed manuscript company endorsement providing
additional insured status as broad as that contained in ISO Form CG
20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City’s execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit C. During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
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seq.). At any time, upon written request of the City, the Consultant shall
provide a written opinion of its legal counsel and that of any subcontractor
that, after a due diligent inquiry, the Consultant and the respective
subcontractor(s) are in full compliance with all laws and regulations. The
Consultant shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of
any facts giving rise to the appearance of a conflict of interest, the
Consultant shall immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, the Consultant
shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit,
or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant’s subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project unless fully disclosed to and
approved by the City Manager, in advance and in writing. The Consultant
and any of its subcontractors shall have no interest, direct or indirect, in any
other contract with a third party in connection with this Project unless such
interest is in accordance with all applicable law and fully disclosed to and
approved by the City Manager, in advance and in writing. Notwithstanding
any approval given by the City Manager under this provision, the Consultant
shall remain responsible for complying with Section 9(b), above.
(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event the Consultant maintains an office or operates a
facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, the Consultant at its sole cost and
expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City’s Solid Waste Management Division, for
each office and facility. Literature describing the City recycling programs is
available from the City’s Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
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(b) Immediately contact the City’s Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Administrator or
designee.
(b) Records of the Consultant’s expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of the Consultant pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to the City until such action is resolved, or until the end of said
time period whichever shall later occur. If the Consultant should
subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply
with the requirements of this paragraph. This Section 11(b) shall survive
expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
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(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to the Consultant’s employment
practices including, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of the Consultant’s commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant
is acting solely as an independent contractor. Neither the Consultant, nor any of its
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officers, agents, or employees shall be deemed an officer, agent, employee, joint
venturer, partner or associate of the City for any purpose. The City shall have no right to
control or supervise or direct the manner or method by which the Consultant shall perform
its work and functions. However, the City shall retain the right to administer this
Agreement so as to verify that the Consultant is performing its obligations in accordance
with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between the Consultant and the City. The Consultant shall have no authority to bind the
City absent the City’s express written consent. Except to the extent otherwise provided
in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant
and its officers, agents, and employees shall have absolutely no right to employment
rights and benefits available to the City employees. The Consultant shall be solely liable
and responsible for all payroll and tax withholding and for providing to, or on behalf of, its
employees all employee benefits including, without limitation, health, welfare and
retirement benefits. In addition, together with its other obligations under this Agreement,
the Consultant shall be solely responsible, indemnify, defend and save the City harmless
from all matters relating to employment and tax withholding for and payment of the
Consultant’s employees, including, without limitation, (i) compliance with Social Security
and unemployment insurance withholding, payment of workers’ compensation benefits,
and all other laws and regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment benefits,
entitlements, programs and/or funds offered employees of the City whether arising by
reason of any common law, de facto, leased, or co-employee rights or other theory. It is
acknowledged that during the term of this Agreement, the Consultant may be providing
services to others unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted assignment by the
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Consultant, its successors or assigns, shall be null and void unless approved in writing
by the City Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any
monies due the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all
monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18. 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. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
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25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both the City and the Consultant.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Jennifer K. Clark,
Director
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney’s Office
By:
Brandon M. Collet Date
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, CRM MMC
City Clerk
By:
Deputy
Addresses:
CITY:
City of Fresno
Attention: Summer Cecil,
Project Manager
2600 Fresno Street Suite 3065
Fresno, CA 93721
Phone: (559) 621-8166
Email: Summer.Cecil@fresno.gov
ECONOMIC & PLANNING SYSTEMS,
INCORPORATED
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CONSULTANT:
Economic & Planning Systems, Inc.
Attention: Jason Moody,
Managing Principal
1330 Broadway Suite 450
Oakland, CA 94612
Phone: (510) 841-9190
Email: jmoody@epsys.com
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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5/18/2021
Jason Moody
6/19/2019
Secretary/Managing Principal
Darin Smith
5/18/2021
5/18/2021
5/18/2021
6/18/2021
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and EPS, Inc. (Consultant)
General Plan Fiscal Impact Analysis
See attached.
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SCHEDULE OF FEES AND EXPENSES
$195,000 – Consultant Proposal Price (see attached)
$19,500 – 10% contingency
$214,500 – Total contract price (not to exceed)
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and EPS, Inc. (Consultant)
General Plan Fiscal Impact Analysis
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
“bodily injury,” “property damage” and “personal and advertising injury” with
coverage for premises and operations (including the use of owned and non-
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
“Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, or non-owned automobiles or other licensed
vehicles (Codes 8 & 9 Non-Owned and Hired Autos). If personal automobile
coverage is used, the City, its officers, officials, employees, agents, and
volunteers are to be listed as additional insureds.
3. Workers’ Compensation insurance as required by the State of California
and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the
Consultant’s profession. Architect’s and engineer’s coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
The Consultant, or any party the Consultant subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to the
City, its officers, officials, employees, agents, and volunteers as additional insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
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(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS’ COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to
meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella
or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis
for the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
The Consultant shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and the Consultant shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to on the Certificate of Insurance, and approved by, the City’s Risk Manager
or designee. At the option of the City’s Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees,
agents, and volunteers; or
(ii) The Consultant shall provide a financial guarantee, satisfactory to
the City’s Risk Manager or designee, guaranteeing payment of
losses and related investigations, claim administration and defense
expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. The Consultant shall establish additional
insured status for the City and for all ongoing and completed operations by
use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and
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CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that contained
in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees, agents, and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, the Consultant’s insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents,
and volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it. The Consultant shall establish primary and non-
contributory status by using ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
20 01 04 13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: The Consultant and its insurer shall waive any right of subrogation
against the City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-
made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by the Consultant.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by the Consultant, the
Consultant must purchase “extended reporting” coverage for a minimum of
five years completion of the Agreement work or termination of the
Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for
review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall not be cancelled, non-renewed, reduced in
coverage or in limits except after thirty calendar days’ written notice by certified mail,
return receipt requested, has been given to the City. The Consultant is also responsible
for providing written notice to the City under the same terms and conditions. Upon
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issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or
reduction in coverage or in limits, the Consultant shall furnish the City with a new
certificate and applicable endorsements for such policy(ies). In the event any policy is
due to expire during the work to be performed for the City, the Consultant shall provide a
new certificate, and applicable endorsements, evidencing renewal of such policy not less
than fifteen calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by the Consultant shall not be deemed to release or
diminish the liability of the Consultant, including, without limitation, liability under the
indemnity provisions of this Agreement. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant. Approval or purchase of
any insurance contracts or policies shall in no way relieve from liability nor limit the liability
of the Consultant, its principals, officers, agents, employees, persons under the
supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be
performed under this Agreement, the Consultant shall require, at the discretion of the City
Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with
the City to provide required indemnification and insurance protection. Any required Side
Agreement(s) and associated insurance documents for the subcontractor must be
reviewed and preapproved by the City Risk Manager or designee. If no Side Agreement
is required, the Consultant will be solely responsible for ensuring that its subcontractors
maintain insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.
VERIFICATION OF COVERAGE
The Consultant shall furnish the City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the City’s Risk Manager or designee prior to the City’s
execution of the Agreement and before work commences. All non-ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of the City, the Consultant shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of
the original policy. This requirement shall survive expiration or termination of this
Agreement.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
General Plan Fiscal Impact Analysis
YES* NO
1 Are you currently in litigation with the City of Fresno or any of
its agents?
2 Do you represent any firm, organization, or person who is in
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who
do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
who has any significant role in the subject matter of this
service?
6 Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(Name)
(Company)
(Address)
Additional page(s) attached.
(City, State Zip)
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Economic & Planning Systems, Inc.
X
Darin Smith
1330 Broadway, Suite 450
X
5/18/2021
N/A
X
Oakland, CA 94612
X
X
X
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Proposed Work Program
City of Fresno
Fiscal Impact Analysis of the General Plan Buildout
Study Context
The City of Fresno (City) is seeking assistance in preparing a comprehensive fiscal impact
analysis and interactive modeling tool to understand the implementation progress of building out
the City’s General Plan. As the fifth most populous city in California, and the county seat and
economic hub of Fresno County, the City’s continued, rapid population growth has underscored
the need to evaluate and monitor the City’s fiscal health.
The COVID-19 pandemic has had a significant impact on the City’s operating budget, with the
City’s mayor recently revealing a projected $31 million budget shortfall for Fiscal Year 2021-22.1
With two-thirds of the City’s budget funding vital police and fire services, the City may be forced
to make difficult staffing and service delivery decisions. While new Federal stimulus funding could
mitigate these projected impacts, the need for informed and judicious budgeting will remain. Like
many California cities, the City has experienced structural budgetary issues because of
Proposition 13, the changing nature of retail consumption, and other challenges to revenue
generation (e.g., there may be limited support to increase revenues through general tax
measures in the future, as evidenced by a 3/8-cent sales tax measure, Measure P, on the ballot
in 2018, which passed with a slim margin of victory.2
Team Approach
The EPS Team’s Scope of Work is based on the City’s RFQ to develop a comprehensive fiscal
impact analysis that supports long-term planning objectives, preferred levels of municipal
services, and fiscal sustainability. The work will assist the City incorporate fiscal considerations in
its land use policy decisions, as well as understand the effectiveness of various initiatives
designed to manage costs, prioritize public investment, and enhance revenue generation.
The EPS Team will work closely with City staff to understand the context of General Fund
departmental budgets, including annual and one-time revenues and expenditures, as well as
consideration of deferred maintenance and actual versus optimal service levels (informed with
1 Moran, J., 2021. “Mayor Jerry Dyer fears $31M budget hole, supports President Biden’s COVID-19
package.” Yourcentralvalley.com. Available online: https://www.yourcentralvalley.com/news/local-
news/mayor-jerry-dyer-fears-31m-budget-hole-supports-president-bidens-covid-19-package/
[accessed February 2021].
2 Calix, B., 2020. “Big victory for Fresno parks as Measure P tax wins in court. City opponents accept
ruling.” Fresno Bee. Available online: https://www.fresnobee.com/news/politics-
government/article247933200.html#storylink=cpy [accessed February 2021].
Exhibit A Attachment: Scope of Services and Schedule of Fees and Expenses
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reference to historic budget trends). The analysis will also include sensitivity analysis
(e.g., variations in levels of service and service demands, the amounts and types of growth, and
the location of growth) to identify the key determinants to long-term fiscal sustainability.
The EPS Team will produce a Draft Fiscal Impact Analysis Report, which will document the
methodology and assumptions employed in preparing the comprehensive General Fund budget
analysis, key findings related to baseline net fiscal impacts and sensitivity analyses, and a high-
level review of the City’s Enterprise Funds. The EPS Team will work with the City to present and
discuss elements of the Draft Report with key stakeholders to elicit input and will refine the Draft
Report as needed. The EPS Team will then prepare an updated Final Report, in which key
findings are anticipated to be presented publicly during a City Council meeting.
In addition to the Fiscal Impact Analysis Report, the EPS Team will deliver a user-friendly,
interactive fiscal modeling tool to help the City manage and optimize fiscal strategies over
buildout of the General Plan. The EPS Team proposes to incorporate a geographic- and project-
specific functionality into the modeling framework through the use of the ArcGIS Urban platform,
a Web-based modeling and planning system built on the Esri Geospatial Cloud that will help the
City improve urban planning and decision making in the community (see Figure 1 for an
illustrative example of the Urban platform).3
The functionality of ArcGIS Urban will allow City staff to evaluate the fiscal implications of specific
projects, area plans, or zoning categories (e.g., residential, commercial, office), differentiated by
various locations in the City. The goal will be to support the City’s ongoing analysis and
monitoring of fiscal strategies by quantifying the implications of land use planning and policy
initiatives, as well as proposed new development projects.
3 The use of ArcGIS Urban will necessitate the purchase of new annual licenses for this software,
which will integrate with the City’s existing ArcGIS Online Organization. The cost estimate for these
licenses is included in the team’s cost proposal (see Table 1 at the end of this Proposed Work
Program).
Figure 1: Downtown Fresno Scenario: Illustrative Example of ArcGIS Urban
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To develop the interactive tool, the EPS Team will collaborate with City staff to identify and
customize a set of fiscal performance variables and indicators. The same technology tools
planners use to build and iterate scenarios can be used to measure key performance indicators in
support of long-range goals across the entire City. Urban will also allow the City to visualize,
track, and review development programs throughout their life cycles, providing a high-level view
of the scope, status, and local context of projects citywide. The EPS Team intends to provide
technical support, including conducting a training session with City staff and remaining available
to provide support for a limited period following delivery of the interactive tool, to ensure the tool
meets the needs of the City.
Scope of Work
Task 1: Initiate Project
The EPS Team will initiate the work plan with a kickoff videoconference meeting with the City.
During this meeting, the EPS Team will ensure the work plan aligns with the City’s expectations
and will review and confirm project goals, the project schedule, and project management and
communication protocols.
Meetings
• Project kickoff meeting
Task 2: Review General Plan Land Uses and Baseline Assumptions
The EPS Team will review the General Plan land uses, zoning codes, and other relevant data to
establish a series of development typologies linked to the City’s General Plan land uses. The EPS
Team will work with City staff to develop a set of land use prototypes that will represent the style
and density of existing and future development that will be subject to fiscal analysis. For each
land use category, EPS will work with the City and review other data sources to develop key
assumptions and factors for use in the fiscal impact analysis model and interactive tool. These
will include factors such as, without limitation:
Assessed values for existing parcels.
Market values by land use category.
Public service population and density by land use category (e.g., persons per household,
employees per square foot).
Property turn-over rate.
Average taxable sales per resident or employee.
Average hotel nights per resident or employee.
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Task 3: Prepare Fiscal Impact Analysis Model
The fiscal impact analysis model will be capable of comparing forecasts of the revenues
generated through property tax, sales tax, and other City revenue sources with the cost of
providing citywide services to a given project or development typology. EPS will rely on
previously constructed fiscal impact analysis models prepared for the City to construct the model
for this effort, resulting in efficiencies in time and budget.
Subtask 3a: Perform General Fund Budget Analysis
EPS will derive baseline cost and revenue parameters for the fiscal impact analysis from the
City’s current fiscal year budget and discussions with City staff. EPS will identify other indicators
and issues related to the City’s fiscal condition from the City’s annual budget. EPS may need
assistance from the City in identifying and appropriately categorizing offsetting revenues to the
appropriate City department function. This and similar approaches to determining the net
General Fund cost of services provided to the City’s service population may require meetings
with City Finance Department staff. The purpose of this subtask is to gather and produce the
information needed to prepare a fiscal impact analysis of the project.
Subtask 3b: Conduct Department Interviews
As part of this analysis, EPS will identify, through a series of interviews with department staff,
any unique impacts of the various development typologies and associated service population on
City revenues and expenditures.
Subtask 3c: Conduct Cost Analysis and Forecast Annual Costs
EPS will estimate the cost of General Fund-supported municipal services required to serve
various development typologies, based on the City’s current levels of service, as well as an
“optimal” service level. For many general government functions, the fiscal impact analysis
primarily will use an “average-cost” methodology, based on currently budgeted expenditures and
existing service demand from residents and employees. For public service functions, EPS may
include additional variable or cost metrics that take into account such factors as calls for service
by land use type, need for new public facilities (e.g., roads, parks, fire station), or other special
consideration by type or location of development, as informed by staff interviews.
Subtask 3d: Conduct Revenue Analysis and Forecast Annual Revenues
EPS will estimate the General Fund revenues expected to be generated by various development
typologies using forecasting techniques appropriate to each revenue source, which typically
involves a simulation of each revenue source. For example, to estimate property tax revenue,
EPS will rely on estimates of a project’s assessed value. The interactive model described below
will incorporate unique assumptions related to property tax allocation by location in the City.
Subtask 3e: Evaluate Net Fiscal Impacts to General Fund
Drawing from the revenue and expenditure projections developed in the preceding subtasks, EPS
will estimate the potential fiscal effects of General Plan land uses. EPS will present the cost and
revenue estimates in a format clearly indicating the potential net fiscal effects resulting from
buildout of the General Plan.
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Subtask 3f: Evaluate Enterprise Fund Costs and Revenues
Enterprise funds are intended to operate as fully funded by designated revenue sources. EPS will
conduct a high-level evaluation of the City’s Enterprise Funds to determine their fiscal health and
the extent to which they are expected to be impacted by changes in the General Plan.
Meetings
• EPS Team participation in up to six (6) meetings with department staff that are assumed to
take place by phone or videoconference, depending on timing and pandemic-related
conditions.
Task 4: Evaluate Fiscal Impact Sensitivity Analyses
EPS will conduct sensitivity analyses (e.g., variations in levels of service and service demands,
the amounts and types of growth and assessed values and the location of growth) to identify the
key determinants to long-term fiscal sustainability. Among other things, the analysis will test the
implications of various property and sales tax-sharing assumptions with Fresno County that may
be applicable to new annexations.
Task 5: Develop Interactive Land Use and Fiscal Modeling Tool
The EPS Team will support the City by developing an interactive fiscal impact analysis modeling
tool through the deployment of ArcGIS Urban. It is anticipated these consulting services will
include the following four subactivities, led by Esri in coordination with EPS: (1) draft model
demonstration based on hypothetical data, (2) data preparation, (3) ArcGIS Urban application
deployment, and (4) scenario configuration.
Draft Model Demonstration
Esri will support the City in preparing an illustrative model demonstration to City staff to
demonstrate and confirm modeling functionality and interface (e.g., dashboard features).
Data Preparation
Esri will support the City with preparing the source data requested as part of Task 2. The
prepared data will then be published as feature services to the City’s ArcGIS Online Organization
(AGOL), enabling these services to be used and manipulated by ArcGIS Urban once it has been
deployed. It is anticipated the following data preparation steps will be performed:
Reproject data to appropriate coordinate system.
Clean up parcel geometries using geoprocessing tools (repair geometry, generalize, multipart
to single part, etc.).
Assign standard road classification to centerlines.
Assign parcel edge information.
Interpret zoning code parameters (e.g., floor area ratio [FAR], setbacks, heights, coverage)
for up to 5 zones, 1 overlay, 5 current land uses, and 5 future land uses.
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Prepare approximately 10 residential and nonresidential space uses and building types based
on the development typologies identified in Task 2.
Load parcel, zoning, project, plan, and indicator geometries and attributes into the ArcGIS
Urban data model.
Publish loaded layers as feature services to the City’s AGOL.
ArcGIS Urban Application Deployment
Once all necessary feature services are published, Esri will support the City by conducting the
following ArcGIS Urban deployment tasks:
Populate ArcGIS Urban configuration tables to read to the previously published services,
including previously created services for existing 3D buildings.
Configure ArcGIS Online permissions, enabling specified groups and accounts to access the
ArcGIS Urban Web application.
Configure the plan area, focused project, and up to four custom indicators identified during
the project kickoff meeting and deployed to ArcGIS Urban. Esri anticipates configuration
include tasks such as adding descriptions, URL links, charts, etc., to the deployed features
using the Web-based interface.
Scenario Configuration
Upon completion of ArcGIS Urban deployment, Esri will support creating up to two scenarios
based on input gathered during the kickoff meeting and within a mutually agreed plan area. Esri
envisions these scenarios will be designed to address key planning issues of interest to the City.
For example, the model may be used to quantify and compare a scenario focused on growth
concentrated in existing neighborhoods versus one focused on expanding City service areas
through annexation.
Esri Caveats
Publishing and sharing using Portal for ArcGIS will not be covered.
All work will be performed on the latest version of Esri products, unless otherwise specified in
the scope of work.
Existing errors in data will not be corrected by Esri as part of any data upload.
Interpretation of the City’s zoning code will be for 5 districts. If a zone type/district consists
of multiple variations (e.g., conditional zoning), Esri will interpret the primary zone only. The
interpreted zoning is not intended for legal purposes.
Subtask 5a: Integration of Fiscal Impact Analysis Model and Urban Platform
Esri will provide support to automate fiscal analysis outputs to ArcGIS Urban-published services.
ArcGIS Urban scenarios and capacity metrics can be published as ArcGIS Online services
separate from the ArcGIS Urban Databases. These services can be modified to include new
fields. The fiscal analysis performed outside of ArcGIS Urban, in Excel spreadsheets, can be
written automatically in the published ArcGIS Urban services through a python script. The script
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would populate values from the spreadsheet into the service to then use values for creating
reports. This script is intended to be run manually to update the Urban services with the fiscal
analysis outputs.
Subtask 5b: Prepare Training Resource Document
Esri will prepare a Technical Resource Document that will be provided to the City to support the
training of its staff.
Subtask 5c: Conduct Staff Training Session
The EPS Team will participate in a knowledge transfer workshop to introduce the City staff to
ArcGIS Urban. During the 2-day remote workshop, Esri will provide a PowerPoint presentation
and conduct follow-along demonstrations and exercises designed to build capacity through
hands-on learning to familiarize the City’s staff with features and functionality of ArcGIS Urban.
This workshop will cover topics on how to work with projects in development and zoning-based
development potential for any parcel within the study area. It will also review how ArcGIS Urban
helps reveal capacity for additional growth, locations likely to support this growth, and potential
impacts of urban policy choices. It is anticipated that consulting support will include the following
topics:
An introduction to ArcGIS Urban’s capabilities and workflows including how to:
— Navigate 3D Web scenes.
— Configure ArcGIS Urban settings.
— Add new plans, projects, custom indicators, and ideas.
— Manage public access to ArcGIS Urban.
— Create and manage a scenario with its indicators.
— Edit parcel and zoning geometries.
— Create a custom zoning type.
— Create a building type and a dwelling unit type.
— Redevelop parcels according to the zoning law.
— Configure and make use of the urban capacity metric dashboard.
Using the ArcGIS Urban Data Manager for deploying, extending, and maintaining application
datasets.
Data preparation and validation techniques to support ArcGIS Urban workflows.
Task 6: Prepare Project Deliverables and Presentations
The key deliverables for this engagement will include:
Subtask 6a: A Draft and Final Comprehensive Fiscal Impact Analysis Report documenting
the key findings, methodology, data sources, and calculations.
Subtask 6b: A user-friendly fiscal impact analysis tool (as described in Task 5) to be
handed over to City staff for future use in evaluating planning decisions and individual
projects—including staff training and training materials.
DocuSign Envelope ID: 800ED0A4-7398-4798-90F0-6CCC205246D7
Fresno Fiscal Impact Analysis of the General Plan Buildout
Proposed Work Program April 9, 2021
Economic & Planning Systems, Inc. (EPS) 8 Z:\Shared\Proposals\Oakland\201000s\201108FresnoFIA\Components\201108 SOW 04-09-21.docx
Subtask 6c: Stakeholder meetings to describe study methodology and preliminary findings
and incorporate input on draft documents. The EPS Team will work with City staff to identify
and schedule meetings with appropriate stakeholders.
Subtask 6d: A presentation to City Council on the Final Comprehensive Fiscal Impact
Analysis Report.
Meetings
EPS Team participation in up to five (5) stakeholder meetings, assumed to take place by
videoconference, depending on timing and pandemic-related conditions. Additional meetings
would be billed on a time-and-materials basis.
One (1) presentation to City Council.
Task 7: Project Management, Coordination, and Administration
Included in this task is overall management of the project, including participating in regularly
scheduled conference calls to discuss project status, communicating via e-mail and telephone to
convey and request information and coordinate tasks, ensuring tasks are completed on a
mutually agreed-on schedule, overseeing project budget and invoicing, conducting thorough
review and assembly of project deliverables, and coordinating among the EPS Team.
Meetings
Regularly scheduled project status meetings (up to 10 one-hour conference calls)
Budget
The EPS Team estimates completion of the Scope of Services described in the City’s RFQ for a
not-to-exceed budget amount of $195,000. The approximate level of effort by phase and staff
level is shown in Table 1.
The EPS Team will charge for its services on a direct-cost (hourly billing rates plus direct
expenses), not-to-exceed basis; therefore, you will be billed only for the work completed up to
the authorized budget amount. The budget estimate covers all direct expenses associated with
the tasks identified in the Scope of Services, including the purchase of 4 ArcGIS Urban licenses,
data acquisition, materials, travel, and other non-staff costs; direct expenses are billed at cost,
without mark-up.4 Additional tasks or meetings requested by the client will be billed on a time-
and-materials basis or pursuant to a scope and budget amendment. EPS has based the effort
and associated budget assuming a 6- to 8-month project schedule period. Variations in
approach, schedule, deliverables, or other factors may adjust the estimated budget.
4 ArcGIS Urban licenses are valid for 1 year following activation; the ongoing annual purchase of
ArcGIS Urban licenses would be negotiated separately between Esri and the City.
DocuSign Envelope ID: 800ED0A4-7398-4798-90F0-6CCC205246D7
Fresno Fiscal Impact Analysis of the General Plan Buildout
Proposed Work Program April 9, 2021
Economic & Planning Systems, Inc. (EPS) 9 Z:\Shared\Proposals\Oakland\201000s\201108FresnoFIA\Components\201108 SOW 04-09-21.docx
As lead consultant, EPS will submit monthly invoices to the City for work completed by the EPS
Team. Esri will submit monthly invoices to EPS for work completed, and EPS will be responsible
for paying Esri’s invoices after receiving payment from the City.
Note that EPS may redistribute the overall budget allocation among approved phases, tasks, or
among staff as necessary, provided the total budget is not exceeded. Hourly rates shown are for
the current calendar year and are subject to annual change (but will not impact approved
budget). Invoices are submitted monthly and are payable within 1 month of receipt. EPS
reserves the right to charge interest on unpaid invoices that are more than 30 days past due.
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Table 1Budget EstimateCity of Fresno Fiscal Impact Analysis of the General Plan Buildout; EPS #201108Principal- ProjectEPS StaffEPS EPS ESRI StaffTotalin-Charge Manager AssociateProduction Cost Direct Grand Cost ProjectTask / DescriptionMoodyLapin O'BeirneStaffSubtotal Costs [1] Total Subtotal Cost Hourly Billing Rates [2] $300 $240 $180 $80 $326 $326Task 1: Initiate Project4620$3,000$0$3,000 2 2$1,304 $4,304Task 2: Review General Plan Land Uses and Other Data2 8 12 0 $4,680 $0 $4,680 33 33 $21,516 $26,196Task 3: Prepare Fiscal Impact Analysis Model48 60 72 0 $41,760 $0 $41,760 0 0 $0 $41,760Task 4: Evaluate Fiscal Impact Sensitivity Analyses (e.g., level andtype of growth; location; level of service; service cost and tax increases)8 12 20 0 $8,880 $0 $8,880 0 0 $0 $8,880Task 5: Develop Interactive Land Use and Fiscal Modeling Tool 10 22 22 0 $12,240 $0 $12,240 50 50 $32,600 $44,840Task 6: Prepare Project Deliverables and Presentations36 56 68 14 $37,600 $750 $38,350 14 14 $9,128 $47,478Task 7: Project Management, Coordination, and Administration8 26 4 0 $9,360 $182 $9,542 0 0 $0$9,542ArcGIS Urban Suite Online Term License [7]---- -- - - -- $12,000TOTAL HOURS116 190 200 14 99 99TOTAL PROJECT COSTS$117,520 $932 $118,452 $64,548$195,000[1] Direct costs include travel, data acquisition, document production, and other non-staff costs. EPS does not mark up direct costs.[2] Hourly billing rates are effective for 2021 and subject to annual revision (but will not impact total budget).[3] Assumes department meetings will take place by phone or videoconference, depending on timing and pandemic-related conditions.[4] Includes EPS Team availability to answer questions on model during two-month period after model delivery.[6] Includes one (1) presentation to City Council.[7] Reflects the purchase of 4 ArcGIS Urban licenses for the EPS team and City staff to use to collaborate on building scenarios. Licenses are valid for one year following activation; the ongoing annual purchase of ArcGIS Urban licenses would be negotiated separately between Esri and the City.EPS ESRI[5] Assumes EPS Team participation in up to five (5) stakeholder meetings and will take place by videoconference, depending on timing and pandemic-related conditions. Additional meetings would be billed on a time-and-materials basis at an approximate cost of $1,000 per meeting if remote and $3,000 if in person.Sr. Tech. Consultant/EngineerSr. Tech. Consultant/EngineerEconomic & Planning Systems, Inc. 4/8/2021Z:\Shared\Proposals\Oakland\201000s\201108FresnoFIA\Components\201108 Budget 04-08-21.xlsxDocuSign Envelope ID: 800ED0A4-7398-4798-90F0-6CCC205246D7