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2012-03-13; City Council; 20840; Village Revitalization Urban Place Consulting
CITY OF CARLSBAD AGENDA BILL 20 20.840 AB# MTG. 3/13/12 DEPT, MGR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH URBAN PLACE CONSULTING GROUP FOR THE VILLAGE REVITALIZATION PARTNERSHIP PROGRAM DEPT.DIRECTOR CITY ATTORNEY ^? CITY MANAGER RECOMMENDED ACTION: Acting as the Successor Agency for the Carlsbad Redevelopment Agency, adopt City Council Resolution No. 2012-064to APPROVE the professional services agreement with Urban Place Consulting Group to implement the Village Revitalization Partnership Program, and authorize the City Manager to execute the agreement. ITEM EXPLANATION: At its meeting on February 14, 2012, the City Council, acting as the Successor Agency for the Carlsbad Redevelopment Agency, approved the selection of Urban Place Consulting Group (Urban Place) as the partner to work with local property owners, businesses and/or other stakeholders in the Village Area to develop programs, policies, financing mechanisms and/or other initiatives to spur local investment and foot traffic on a self-sustaining basis for the Village Area. The selection ofthe contractor and approval ofthe attached professional services agreement initiates this project or revitalization activity which was originally authorized in May, 2011 by the Carlsbad Redevelopment Agency. Contractor Selection The RFP was originally issued by the Housing and Redevelopment Commission on June 1, 2011 on behalf of the Carlsbad Redevelopment Agency, and a total of 7 proposals were received as of August 1, 2011. The proposals were reviewed by the Commission-appointed Citizen's Advisory Committee, interviews were conducted, references were checked, and the Committee unanimously recommended that Urban Place receive the contract from the City to implement the desired program. The City Council approved this recommendation on February 14,2012. Urban Place was selected because it was considered the most experienced, had the greatest leadership capacity to implement the desired program, and presented a scope of work that was deemed the most desirable by the Citizen's Advisory Committee. Following are a few highlights of the past success experienced by Urban Place: DEPARTMENT CONTACT: John Coates 760-434-2821 john.coates@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED A CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 • Assisted 34 downtown organizations with developing visions, defining goals and Board, Committee and staffing structures; • Operated 9 downtown districts as President/CEO • Provided place making and user experience consultation to 45 districts in 35 cities and 25 states • Served as the California representative for the national consulting firm Project for Public Spaces (PPS), under a previous business name of Main Street Group. PPS is a nonprofit organization dedicated to "helping people create and sustain public spaces that build communities." • Extensive work in creating downtowns and commercial districts that are vibrant, healthy, and sustainable. The Citizen Advisory Committee determined that the unique experiences, skills and talents of the staff of Urban Place combined to make it the ideal choice for leading the private sector- driven revitalization effort in the Village, and the City Council has approved the selection. Professional Services Agreement With authorization from the City Council on February 14, 2012, City staff has negotiated a professional services agreement with Urban Place and is recommending approval ofthe attached agreement to initiate the Village Revitalization Partnership. The scope of work set forth by Urban Place includes: Building trust with stakeholder groups; Understanding the needs and reinforcing the Vision for the Village; Developing projects to jump start the new revitalization effort; Building a leadership infrastructure; Leading an economic development, and marketing and promotional effort; Creating a sustainable funding source; Adding programs, events, and projects to encourage private investment. It is the intent of Urban Place to work extensively with the Carlsbad Village Association and to also help build relationships between the public and private sector. The ultimate goal is to establish an umbrella organization that is financially sustainable and has a skilled staff to oversee a long term private sector entrepreneurial leadership effort for continued Village revitalization. The agreement includes project deliverables, timelines and milestones and periodic reporting requirements to the City Council. It provides for a one year term that is renewable for two additional one year periods. Pages FISCAL IMPACT: The monthly administrative and operating expenses for Urban Place are estimated at $16,000, for an annual cost of $192,000 per year. In addition to monthly consultant and operating expenses, there will be costs to implement programs/projects, which is estimated at $50,000 per year. The attached professional services agreement includes a maximum, do not exceed, annual budget for said services of $242,000, or a total of $726,000 for three (3) years. Staff is recommending appropriation of $726,000 total to fund this agreement. However, it should be noted that a performance based annual review of progress will be completed and a determination made each year as to whether or not to renew the contract or terminate it. The costs for the Village Revitalization Partnership contract were anticipated in the approved Enforceable Obligations Payment Schedule for the Carlsbad Redevelopment Agency. Although the Agency was recently dissolved, staff understands that these obligations can still be met and the designated funding (tax increment) may be used for the subject project. However, if staff subsequently learns that the tax Increment funding will not be available for said project, an alternate/replacement funding source will be identified for City Council approval at a later date (most likely General Fund). ENVIRONMENTAL IMPACT: The noted selection of a contractor to provide professional administrative services is not a "project" within the meaning ofthe California Environmental Quality Act (CEQA) since there is no potential to cause either direct physical change in the environment or a reasonably foreseeable indirect change in the physical environment under Public Resources section 21065. EXHIBITS 1. City Council Resolution No. ?ni7-Q64 approving the professional services agreement with Urban Place Consulting Group, and authorizing execution of said agreement by the City Manager. 2. Professional Services Agreement with Urban Place Consulting Group, including detailed Scope of Work. 5 1 RESOLUTION NO. 2012-064 2 A RESOLUTION OF THE CITY COUNCIL, ACTING AS SUCCESSOR AGENCY FOR THE CARLSBAD REDEVELOPMENT AGENCY, APPROVING A 3 PROFESSIONAL SERVICES AGREEMENT WITH URBAN PLACE CONSULTING AND APPROPRIATING FUNDING FOR SAID AGREEMENT FOR THE VILLAGE 4 REVITALIZATION PARTNERSHIP 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, acting as the Successor Agency for the Carlsbad Redevelopment Agency, desires to proceed with implementation of the Village Revitalization Partnership and approve a professional services agreement with Urban Place Consulting Group to complete said project; and WHEREAS, a request for proposals for professional services was issued on June 1, 2011 and a total of seven (7) proposals were received; and WHEREAS, a Citizen's Advisory Committee was appointed by the Housing and Redevelopment Commission on August 23, 2011 to review and rate the seven (7) proposals received by private contractors for said services; and WHEREAS, the Citizen's Advisory Committee rated Urban Place Consulting Group as the top professional services provider for said partnership because it was considered the most experienced, had the greatest leadership capacity to implement the desired program, and presented a scope of work that was deemed the most desirable by the Citizen's Advisory Committee; and WHEREAS, funding for said project was recorded in the Carlsbad Redevelopment Agency's Enforceable Obligations Payment Schedule prior to dissolution of said Agency and therefore tax increment funding is subsequently to be made available to fund said contract; and WHEREAS, the City of Carlsbad has been approved as the Successor Agency for the Carlsbad Redevelopment Agency and has all authority, rights, powers, duties and obligations of the former Carlsbad Redevelopment Agency, and is responsible for payment of any enforceable obligations of the former Carlsbad Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City ofCarlsbad, Califomia, acting as the Successor Agency for the Carlsbad Redevelopment Agency, as follows that: 1. The above recitations are true and correct. 1 2. That the professional services agreement with Urban Place Consulting Group for 2 implementation of the Village Revitalization Partnership is hereby approved ^ 3. That the City Manager, acting as the Executive Director of the Successor Agency for the 4 Carlsbad Redevelopment Agency, is hereby authorized and directed to execute the professional services agreement with Urban Place Consulting Group for said Village ^ Revitalization Partnership Program. 7 8 5 9 10 11 12 13 14 15 16 //// 18 //// 20 21 //// 22 23 //// 24 nil 26 27 //// 28 4. That the Village Revitalization Partnership Program and the funding for this program has been recorded as an Enforceable Obligation within the Carlsbad Redevelopment Agency's Enforceable Obligations Payment Schedule, and the Successor Agency to the Carlsbad Redevelopment Agency is responsible for payment of any enforceable obligations. 5. That the Finance Director is hereby authorized to appropriate $726,000 in tax increment funds from the Successor Agency's Redevelopment Obligation Retirement Fund and to disburse said funds to Urban Place Consulting Group as set forth within the professional services agreement and as authorized by the City Manager, acting as Executive Director of the Successor Agency for the Carlsbad Redevelopment Agency. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad, acting as the Successor Agency for the Carlsbad Redevelopment Agency on the 13th day of March 2012, by the following vote to wit: AYES: Council Members Kulchin, Blackburn, Douglas NOES: None. ABSENT: Council Members Hall, Packard ATTEST: AGREEMENT FOR VILLAGE REVITALIZATION PARTNERSHIP SERVICES WITH URBAN PLACE CONSULTING GROUP, INC. THIS AGREEMENT is made and entered into as of the 1^4 day of A^>e/ty\^ 20/d . by and between the Successor Agency to the Carlsbad Redeveloprfient Agency, a municipal corporation, ("City"), and Urban Place Consulting Group. Inc.. ("Contractor"). RECITALS A. City requires the professional services of a management consultant that is experienced in developing programs, policies, financing mechanisms and other initiatives that spur local investment on a self-sustaining basis in downtown areas. B. Contractor has the necessary experience in providing professional services in these areas. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1- SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2- STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for two additional one year periods or parts thereof in an amount not to exceed two hundred forty-two thousand dollars ($242,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred forty-two thousand dollars ($242,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Incremental payments, if applicable, should be made as outlined in attached Exhibit "B". 6. STATUS OF CONTRACTOR City Attomey Approved Version 2/17/12 1 Contractor will perform the Services in Contractor's own way as an Independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved In writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-iVH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". City Attomey Approved Version 2/17/12 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, generai aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Reserved. 10.1.3 Workers' Compensation and Employer's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. Q If box is checked, Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase City Attomey Approved Version 2/17/12 replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. Citv reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS UCENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. "^S. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Name Steve Gibson Title Title President/CEO Department Address 5318 E. Second Street, Suite 336 City of Carlsbad Long Beach, CA 90803 Address Phone No. 562.439.6571 Email steye@urbanplaceconsulting.com Phone No. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 2/17/12 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or Interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fon^/arded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fon/varded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee City Attorney Approved Version 2/17/12 payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement For breach or violation of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seg.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attomey Approved Version 2/17/12 W 26. AUTHORITY The individuals executing this Agreement and the instruments referenced In it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California f (sign here) (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor mus'fbid'' attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Asslslaril City Attorney City Attomey Approved Version 2/17/12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califoijnia County of } On before me, uaie I A /\ I neiB iii personally appeared 3TCJ>\A H"- \>nV>S»ot/\ ^\ Name(s) of Here Insert Name and TitlJ of ttie Officer Signer{s) MARSHA JEFftH conunission #1843202 ^ Notary PuWc Calitornia z tos Angeles County r .r^n. i:»piri«May 2.2013J who proved to me on the basis of satisfactory evidence to be the person(s)- whose name^e)- is/are subscribed to the within Instrument and acknowledged to me that he/she/trteyexecuted the same In his/hcr/thcii' authorized capacity(tes)^ and that by his/hefitheir signature(s) on the instrument the person(©^ or the entity upon behalf of which the person(5^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tjtle or Typl^f Docuonent: ijtis or I Document Date Slgner(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual B^orporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of tliumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Cfiatsworth, CA 91313-2402 • wvw.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 \3 EXHIBIT "A" SCOPE OF SERVICES Village Revitalization Partnership Professional Services Agreennent Goal: The goal ofthe Village Revitalization Partnership is to improve the health ofthe Village by partnering with local property owners, businesses and other stakeholders to develop programs, policies, financing mechanisms and other initiatives to spur local investment and foot traffic on a self-sustaining basis. Phase One: Months 1 through 12 Build Trust with Stakeholder Groups • Work extensively with the Carlsbad Village Association (CVA), as Interim Manager and mentor, to build trust with various other stakeholders in Carlsbad. Understand the Needs and Reinforce the Vision • Conduct user preference surveys, document existing conditions, develop an implementation plan fora successful revitalization effort. Develop Projects to Jump Start Revitalization • Establish the Village Operations Center and Co-Locate with CVA Office • Improve Connections and Access to Village • Improve Communication - Develop a newsletter, social media outlets, and updates to the CVA website. • Identify New Programs and Events Build a Leadership Infrastructure • Build relationships between the public and private sector. Lead an Economic Development Effort • Develop strategies for recruiting and retaining businesses. Lead a Marketing and Promotional Effort • Develop a strategy to market to brokers and develop programs and products to promote the Village. Explore Additional Funding Sources • In the effort to create an ultimately self-sustaining organization, seek out grants, sponsorships, and other sources of funding that could provide additional resources. City Attomey Approved Version 2/17/12 \4 Phase One Deliverables Phase lA (Months 1 through 3) 1. Establishment of the Village Operations Center and Open House. 2. Development of a CVA Work Plan for 2012. 3. Development of a project budget. 4. Revised and updated CVA website and communication channels. 5. Development of a business directory and property owner database. 6. Update and complete an evaluation of the state of the Village that includes a user experience audit, pedestrian counts, user preference surveys, demographic analysis, and competitive offering analysis. 7. Establishment of a monthly or bi-monthly networking series at Village Operations Center. Phase IB (Months 4 through 6) 1. Development of a three-year Work Plan/Implementation Plan. 2. Successful creation of two to four projects to jump-start revitalization. 3. City Council status update after six months. Phase IC (Months 7 through 12) 1. Development of a leadership infrastructure that involves stakeholders actively engaged, through committees, in the implementation of programs. 2. Creation of an economic development strategy and implementation plan. 3. Development of marketing and promotional materials and events. 4. Identification of additional funding opportunities. 5. City Council status update and "State of the Village" meeting after one year. Work Summary - Year One • At the conclusion of year one, Urban Place will present a formal report to City Council identifying their work plan accomplishments for Phase I along with a work plan for year two. • Upon successful completion of Phase I this agreement may be renewed for two additional one year periods. • The work plan for years two and three will be developed based on the successful completion of planned initiatives in year one, and shall list specific deliverables that will demonstrate achievement of the project goal. City Attorney Approved Version 2/17/12 EXHIBIT "B" Village Revitalization Partnership Professional Services Agreement Compensation for Services The fees for providing the services identified in Attachment A, Scope of Work, shall be as follows: Consulting fees (labor) and operating costs (rent, utilities, office supplies, etc.) shall not exceed $16,000 per month for the entire term of this agreement. Program and project fees shall not exceed $50,000 per year during the entire term of this agreement. Program and project fees can be advanced based upon a submittal of cost estimates to the City of Carlsbad and shall be reconciled with receipts for actual expenses incurred. City Attorney Approved Version 2/17/12 10 Fro Seni To: Sub CITYOFCARLSBAD Cou ^ CITY CLERK'S OFFICE ^TTVI Murphey <murphey@live.com> Tuesjday, March 13, 2012 10:18 AM I icil Internet Email COUNCIL HIRING A PL^NNING GROUP Agenda Item For the members ofthe' CITYCOUNCIL 'Me^ /^Citv Manager DEAR COUNCIL MEMBERS: I READ IN THE TUESDAY, MARCH 13, 2012 ISSUE OF THE N C TIMES CARLSBAD LOCAL NEWSPAPER THAT COUNCIL WILL TAKE UP THE ISSUE OF HIRING A PLANNING GROUP TO "STUDY THE CITY'S DOWNTOWN VILLAGE AREA AND LAUNCH IMPROVEMENTS" (ACCORDING TO HOUSING AND NEIGHBORHOOD SERVICES DIRECTOR DEBBIE FOUNTAIN). I CONTACTED THE CITY AND FOUND THAT THE COUNCIL WILL CONSIDER THIS ISSUE TONIGHT. FIRST, THANK YOU FOR PRINTING THIS ARTICLE ON THE VERY DAY YOU WILL MEET AND DISCUSS IT. DELAYING SUCH INFORMATION TO THE PEOPLE IN CARLSBAD LEAVES NO TIME TO RESPOND TO SUCH AN EXPENDITURE OF PUBLIC FUNDS - THATS 3UST DEAD WRONG. WE THE PEOPLE SHOULD BE GIVEN SUFFICIENT TIME TO CONSIDER THE PLANNED EXPENDITURE OF A QUARTER MILLION DOLLARS OF TAXPAYER MONEY BEFORE IT IS SPENT. THE WAY YOU HAVE TIMED THE PRINTING OF THIS ARTICLE IN THE PAPER, VIRTUALLY NO ONE WILL HAVE TIME TO COMMENT ON THE ISSUE BEFORE THE VOTE. SECONDLY, AND MORE IMPORTANTLY, WHY DOES THE CITY OF CARLSBAD HAVE TO EXPEND A LARGE AMOUNT OF TAXPAYER MONEY FOR A PROJECT THAT CONCERNS THE VERY JOB DESCRIPTION OF MS. FOUNTAIN IN THE FIRST PLACE. ISNT SHE THE HOUSING AND NEIGHBORHOOD SERVICES DIRECTOR? WHY DOES SHE HAVE TO CONTRACT OUT THE VERY WORK FOR A JOB THAT SHE WAS HIRED TO DO IN THE FIRST PLACE. IF THE COUNCIL PASSES THIS PROJECT, THEN MS. FOUNTAIN'S WORK IS MERELY TO ORDER OTHER OUTSIDERS TO DO HER JOB. I FIND THAT VERY TROUBLING. BEFORE THE COUNCIL VOTES ON THIS MEASURE, PLEASE CONSIDER THAT NOT ONLY HAVE YOU "INBOARD" A PERSON WHOSE JOB IS TO DO THE VERY JOB YOU NOW WISH TO SPEND PUBLIC MONEY HAVING SOME ONE ELSE DO, BUT YOU HAVE MISSED A GREAT OPPORTUNITY TO HAVE SOME RETIRED CITIZENS COME FORWARD AND DO THE VERY JOB THAT YOU NOW WANT TO HAVE OTHERS DO FOR A LARGE SUM OF TAXPAYER MONEY. AT THE VERY LEAST, YOU COULD GET THE VILLAGE MERCHANTS TO PROVIDE SOME OF THEIR THOUGHTS ABOUT WHAT THEY THINK WOULD BE THE BEST WAY TO GO ABOUT SOLVING THIS PROBLEM WITHOUT SPENDING TAXPAYER MONEY ON THE PROJECT. FURTHER, IF CARLSBAD JUST HAS TO HIRE A "PROFESSIONAL" TO ADVISE THEM HOW TO BETTER THE DOWNTOWN, WHY GO OUTSIDE CARLSBAD OR NORTH COUNTY FOR PROFESSIONAL HELP. ISNT THEIR A MORE LOCALIZED OUTFIT THAT CAN DO THE TASK SO THE MONEY STAYS LOCAL? I FIND THIS BUSINESS OF HIRING DISTANT TALENT AT TAXPAYER'S EXPENSE VERY TROUBLING. EVEN MORE TROUBLING IS DELAYING CONSIDERATION TO THE VERY LAST MINUTE SO AS TO INSURE THE PUBLIC HAS NO SAY IN THE MATTER. JOHN J. MURPHEY 760-438-8030 Murphey(g)live.com