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HomeMy WebLinkAbout2015-06-09; City Council; 21994; Agreement Carlsbad Village Association Village Revitalization ServicesCITY OF CARLSBAD AGENDA BILL 19 AB# 21.99U APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE CARLSBAD VILLAGE ASSOCIATION FOR $100,000 FOR VILLAGE REVITALIZATION SERVICES DEPT. DIRECTOR ^ . MTG. 6/9/15 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE CARLSBAD VILLAGE ASSOCIATION FOR $100,000 FOR VILLAGE REVITALIZATION SERVICES CITY ATTORNEY M DEPT. MGR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH THE CARLSBAD VILLAGE ASSOCIATION FOR $100,000 FOR VILLAGE REVITALIZATION SERVICES CITY MANAGER/jj^ RECOMMENDED ACTION: Adopt City Council Resolution No. 2015-151 approve the professional services agreement with the Carlsbad Village Association for village revitalization services, authorize the city manager to execute the agreement, and appropriate $100,000 from the City Council contingency fund. ITEM EXPLANATION: At its special meeting on, March 15,2011, the City Council discussed one of its priorities to partner with the local property owners, businesses and/or other stakeholders in the Village Area to develop a program, policies, financing mechanisms and/or other initiatives to spur local investment and foot traffic on a self-sustaining basis for the Village Area. At the special meeting, the City Council indicated its intent to distribute a Request for Proposals (RFP) to identify an appropriate contractor to implement the above noted revitalization partnership program for the Village. The RFP was issued on behalf of the Carlsbad Redevelopment Agency, and a total of seven proposals were received as of August 1, 2011. The proposals were reviewed by the Commission- appointed Citizen's Advisory Committee, and 4 proposers were selected for interviews by the Advisory Committee. The Committee unanimously recommended that Urban Place receive the contract from the City to implement the desired program and City Council approved the contract on March 22, 2011. This agreement ran from March 2012 to March 2015. Over the past three years this investment in Carlsbad Village has resulted in physical improvements to the Village, new and reinvigorated events, expanded marketing and publicity and an increase in investment, meeting the goal of spurring local investment and increasing foot traffic. Urban Place worked with the City of Carlsbad and the Carlsbad Village Association on improvements such as wrapping light poles and trees in the Village bringing in new street furniture and signage, adding curb cafes and working with city departments to write a winning SANDAG grant that allowed for new bike racks to be positioned throughout the Village. A Carlsbad Village website was created along with newsletters and social media content, and a public relations firm spread the word about activities in the Village. The email list has more than 1,900 email subscribers, which was originally at 1,200. The Carlsbad Village Facebook page has more than 1,600 followers and the State Street Farmers' Market Facebook page has more than 2,500 followers, both of which started at zero. New events such as Flicks at the Fountain were added DEPARTMENT CONTACT: Kathy Dodson (760) 434-2829, kathv.dodsonPcadsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • / Page 2 and existing events such as the Farmer's Market were improved, creating a more festive atmosphere in the Village and improving the destination for visitors and residents. Investment was increased in the Village by working with the city on improving the existing Village Master Plan and by marketing to and meeting with individual investors and helping move projects from ideas into new office buildings, shops and homes. This collaboration has helped spur more than $43 million in new investment in the past three years. Also, as shown in the Property Tax and Sales Tax Information table below, assessed valuations and sales tax revenue has steadily increased since 2011, which was one goal pf the original contract. Property Tax and Sales Tax Information 2011 2012 2013 2014 2015 Assessed Valuations $392,769,370 $397,560,214 $391,633,537 $400,711,143 $432,619,264 Sales Tax Revenue $4,041,256 $4,292,022 $4,476,783 $4,825,745 N/A The Urban Place Contract expired in March 2015. In order to continue revitalization efforts in Carlsbad Village while the Carlsbad Village Association works on finding a sustainable funding mechanism for this type of effort, it is recommended that the City of Carlsbad enter a professional services agreement with the Carlsbad Village Association. The Carlsbad Village Association is a 501(c)(6) non-profit organization whose core purpose is to lead the continual improvement of Carlsbad Village, making it the premier gathering place in North County San Diego. The Association has been active in Carlsbad Village for many years and owns the farmer's market in the Village. The Carlsbad Village Association's experience and continuous activity, as well as their role in the revitalization efforts over the past three years, in the Village make them an ideal partner for this type of revitalization contract. The Carlsbad Village Association is in a stronger financial position than when the Urban Place contract was originally agreed to, however they do need continued support for a maximum of three years if the existing level of revitalization efforts are to continue. The contract between the City of Carlsbad and the Carlsbad Village Association provides for $100,000 in funding for the first year of the contract. If the effort to establish a Property-based Business Improvement District (PBID) is successful, the funding will not be continued in future years. If the PBID is not successful, the funding may continue for up to two additional years, with a maximum payment of $75,000 in year two and $50,000 in year three. This will continue to provide some support to the organization while alternative funding mechanisms are developed. The preliminary scope of work for this professional services agreement includes: • Marketing to and assisting developers, brokers and tenants interested in investing in the Carlsbad Village; • Conducting pedestrian and bicycle counts and parking studies and recommending policies to improve access to and parking in Carlsbad Village; • Assisting with ongoing efforts such as the Village and Barrio Master Plan and curb cafes; • Continuing and expanding marketing and communications efforts; • Promoting increased business outreach and participation in efforts to improve Carlsbad Village; 1 Pages • Creating new events and expanding on existing events that bring visitors and residents to Carlsbad Village. This is a one year contract with two one year extensions. This structure will enable the City of Carlsbad and the Carlsbad Village Association to revisit the need for revitalization on an annual basis. FISCAL IMPACT: The total fee payable for the services and operating costs to be performed during the first year agreement term shall not exceed $100,000 and it is recommended that this funding be appropriated from the City Council contingency. The agreement may be extended for two additional one year terms, and shall not exceed $75,000 in year two and $50,000 in year three. ENVIRONMENTAL IMPACT: The noted selection of a contractor to provide professional administrative services is not a "project" within the meaning of the 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. ^^^^'^^^ 2. Professional Services Agreement 3. Carlsbad Village Budget 3 1 2 EXHIBIT 1 RESOLUTION NO. 2015-151 3 A RESOLUTION OF THE CITY COUNCIL, APPROVING PROFESSIONAL SERVICES AGREEMENT WITH THE CARLSBAD VILLAGE 4 ASSOCIATION AND APPROPRIATING FUNDING FOR SAID AGREEMENT FOR THE VILLAGE REVITALIZATION PARTNERSHIP 5 ^ WHEREAS, the City Council of the City of Carlsbad has asked staff to implement ^ efforts to revitalize the Village including by contracting for revitalization services, updating ^ policies and implementing infrastructure improvements; and 9 WHEREAS, the City Council of the City of Carlsbad desires to continue funding 10 revitalization efforts in Carlsbad Village and approve a professional services agreement with the 11 Carlsbad Village Association to complete said project; and 12 WHEREAS, the City Council has a history of supporting the revitalization of 13 Carlsbad Village in order to increase visitation to and investment in the area; and 14 WHEREAS, the city requires technical and in-depth expertise in revitalization, 15 including in economic development, public marketing relations and events; and 16 WHEREAS, the Carlsbad Village Association is a local nonprofit organization that 17 has been active in the Village for many years and has the ability to enhance revitalization in 18 Carlsbad Village. 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 20 California, as follows that: 1. The above recitations are true and correct. 2. That the professional services agreement with the Carlsbad Village Association revitalization services is hereby approved. 3. That the City Manager is hereby authorized and directed to execute the professional services agreement with the Carlsbad Village Association. 4. That the Administrative Services Director is hereby authorized to appropriate $100,000 from City Council contingency for services provided by the Carlsbad 21 22 23 24 25 26 27 28 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 Village Association as set forth within the professional services agreement and as authorized by the City Manager. -2- ^ 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 ofthe City of Carlsbad on the 9th day of June 2015, by the following vote to wit: AYES: NOES: Council Members Blackburn, Schumacher, Wood. None. ABSENT: Council Members Hall, Packard. KEITH BLACKBURN, Mayor Pro Tem ATTEST: ?CRBARA ENGLESOI^City Clerk (SEA^TO^?--;:;-.;-----^-''-'' AGREEMENT FOR VILLAGE REVITALIZATION PROFESSIONAL SERVICES CARLSBAD VILLAGE ASSOCIATION THIS AGREEMENT is made and entered into as of the /*?^ day of duAe- , 20 l^. by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and the CARLSBAD VILLAGE ASSOCIATION, a nonprofit corporation, ("Contractor"). RECITALS A. City requires the professional services of an organization located in Carlsbad Village that is experienced in managing economic development, events, advocacy and economic development programs in Carlsbad Village. B. Contractor has the necessary experience in providing professional services and advice related to 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. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, the appropriation of funds by the City Council, and upon submittal of an updated scope of work and budget. 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 shall not exceed one hundred thousand dollars ($100,000). No other compensation forthe Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the fee payable in year two shall not exceed seventy-five thousand dollars ($75,000) per Agreement year, and shall not exceed fifty thousand dollars ($50,000) in year three. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 2/24/15 1 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR 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 attorney's 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 City Attorney Approved Version 2/24/15 carrier is required to have a current Best's Key Rating of not less than "A-:VH". 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". 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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 ofthe 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. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general 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 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover'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 Liabilitv. 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. 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 ofthe 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 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. City Attorney Approved Version 2/24/15 <^ 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE 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. 13. 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 notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Kathryn B. Dodson Name Doug Avis Title Interim City Manager Title President Department City Manager Address 550 Laguna Drive, suite B City of Carlsbad Carlsbad, CA 92008 Address 1200 Carlsbad Village Drive Phone No. 760-450-0444 Carlsbad, CA 92008 Email dmavis@aol.com Phone No. 760-434-2821 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. 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. City Attorney Approved Version 2/24/15 /o 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 ofthe 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 othenwise 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 forwarded 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 fonvarded 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 ofthe 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 ofthe 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 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 City Attorney Approved Version 2/24/15 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 seq.. 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. JURISDICTION 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 nor 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. 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. City Attorney Approved Version 2/24/15 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 By: (sign here) (print name/title) f>/lf<; IP^KJT- CITY OF CARLSBAD, a municipal corporation of the State of California Kathryn B. Dodson Interim City Manager ATTEST: y (sign here) (print name/title) BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be 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: CELIA A. BREWER, City Attorney City Attorney Approved Version 2/24/15 13 EXHIBIT A SCOPE OF SERVICES ECONOMIC DEVELOPMENT Efforts in this area will be focused on continuing the economic development in the Village that has attracted over $43 million in new investment in the past three years. At a minimum, tasks include: • Retail recruitment to include research, marketing and outreach to suitable retail establishments; meeting with and advising potential retailers in the Village as well as developers, property owners and real estate representatives with potential retail projects; meetings with city staff on potential retail projects • Broker outreach and advisement regarding potential tenants, property owners and/or development projects located in the Carlsbad Village and the Barrio. • Assist city staff and consultants with the pending Village and Barrio Master Plan, to include gathering input from Village stakeholders, providing feedback on the plan, assisting with outreach to Village stakeholders and others, assistance with implementation projects related to the plan. • Facilitating developers, property owners and tenants with the development approval and permitting process • Provide assistance to the city staff on implementing the mobility element of the General Plan in the Carlsbad Village, and work with local businesses and developers on traffic impact fee analyses • Coordinate parking management and advocacy to include parking studies and policy recommendations • Assist with curb cafe policy, improvements and implementation by individual businesses • Research and develop a fagade improvement program and work with staff on funding, approving and implementing such a program. • Pedestrian and bicycle counts • Public space development and activation, to include temporary uses and suggestions, design and outreach regarding permanent changes to public space in an effort to increase visitation • Work with city staff on capital improvement projects in the Village, to include outreach to stakeholders and design and implementation input MARKETING AND COMMUNICATION Efforts in this area will be focused on continuing the marketing and communication work that has led to 1,800 email subscribers, an engaged social media following, over 45 press mentions, and over a million impressions related to Carlsbad Village. At a minimum, tasks will include: • Develop multimedia marketing campaigns for Village events and activities • Write and publicize press releases related to events, activities or businesses in Cadsbad Village and Barrio • Manage press in response to press releases, at events and activities and upon request by media or local businesses, related to the promotion of Carlsbad Village and Barrio. • Design of print and online marketing materials promoting Village events, activities and businesses • Promote of the Village through a wide variety of social media • Create content for and publish blog and email newsletters regarding Village and Barrio events, activities and businesses on a minimum monthly basis • Facilitate outreach to communicate of issues that should be addressed by or receive input from Village and Barrio stakeholders. IH EVENTS Efforts in this area focus on producing and coordinating popular Village events that have improved the sense of community and brought new visitors to Cadsbad Village. Those events include: • Flicks at the Fountain 2015 • Friday Night Live 2015 • Other programming or events, to include researching, producing, managing and marketing new events that will drive visitation to Carlsbad Village. The entire Scope of Services shall not exceed $100,000 in year one. Reimbursements will be made on a monthly basis for these activities at an $80 per hour rate plus reimbursements for expenses. Expenses in excess of $5,000 need prior approval by the City Manager. 15 CARLSBAD VILLAGE BUDGET with a Property-based Business Improvement District EXHIBIT 3 Calendar Year 2015 2016 2017 2018 Income Program Income Farmers' Market Income 75,000 75,000 80,000 80,000 Farmers' Market Management 30,000 30,000 32,000 32,000 Farmers' Market Restrooms 4,000 4,000 4,000 4,000 ASCAP License 1,000 1,000 1,000 1,000 Other Farmers' Market Expenses 1,000 1,000 1,000 1,000 Net Farmers' Market Income 39,000 39,000 42,000 42,000 Art in the Village Income 26,000 26,000 30,000 30,000 Art in the Village Expenses 15,000 15,000 15,000 15,000 Net Art in the Village Income 11,000 11,000 15,000 15,000 Sponsorship/Advertising Income 0 20,000 30,000 30,000 PBID Assessments 0 88,525 95,000 100,000 Net Income Before Operations 50,000 158,525 182,000 187,000 Operational Expenses Contract Services Bookkeeping Service 6,500 6,500 6,500 6,500 Tax Preparation Fees 1,500 1,500 1,500 1,500 Marketing/Communication (through April in 201J 8,000 0 0 0 Operations Postage, Mailing Service 200 200 200 200 Printing and Copying 200 200 200 200 Supplies 200 200 200 200 Website/Hosting 6,000 6,000 6,000 6,000 Rent 6,800 9,600 9,600 9,600 Utilities 900 1,200 1,200 1,200 Liability Insurance 5,000 5,000 5,000 5,000 Administration/Labor 13,700 63,000 63,000 63,000 Total Operational Expenses 49,000 93,400 93,400 93,400 Net Income Available for Additional Programs 1,000 65,125 88,600 93,600 Additional Programs Marketing/Communication 24,000 24,000 24,000 24,000 Flicks at the Fountain 17,000 17,000 17,000 17,000 Friday Night Live 5,000 5,000 5,000 5,000 Investment Attraction* 55,000 12,000 12,000 12,000 Total Additional Programs 101,000 58,000 58,000 58,000 Funding Deficit or Surplus -100,000 7,125 30,600 35,600 City Grant (1 st half of fiscal year) 100,000 0 0 0 Sales Tax TIF, other grants, parking revenue 0 0 0 0 * Investment Attraction in 2015 may include: retail recruitment; facilitating broker and developer meetings; facilitating the development permitting process; Village & Barrio Plan acceptance and implementation; traffic impact fee advocacy; parking management advocacy; curb caf6 policy improvement and extension; developing a facade improvement program; conducting pedestrian & bicycle counts and parking studies; public space development and activation; city project (CIP, etc.) liaison. CARLSBAD VILLAGE BUDGET wittiout a Property-based Business Improvement District Calendar Year 2015 2016 2017 2018 Income Program Income Farmers' Market Income 75,000 75,000 80,000 80,000 Farmers' Market Management 30,000 30,000 32,000 32,000 Farmers' Market Restrooms 4,000 4,000 4,000 4,000 ASCAP License 1,000 1,000 1,000 1,000 Other Farmers' Market Expenses 1,000 1,000 1,000 1,000 Net Farmers' Market Income 39,000 39,000 42,000 42,000 Art in the Village Income 26,000 26,000 30,000 30,000 Art in the Village Expenses 15,000 15,000 15,000 15,000 Net Art in the Village Income 11,000 11,000 15,000 15,000 Sponsorship/Advertising Income 0 20,000 30,000 30,000 PBID Assessments 0 0 0 0 Net Income Before Operations 50,000 70,000 87,000 87,000 Operational Expenses Contract Services Bookkeeping Service 6,500 6,500 6,500 6,500 Tax Preparation Fees 1,500 1,500 1,500 1,500 Marketing/Communication (through April in 2015 8,000 0 0 0 Operations Postage, Mailing Service 200 200 200 200 Printing and Copying 200 200 200 200 Supplies 200 200 200 200 Website/Hosting 6,000 6,000 6,000 6,000 Rent 6,800 9,600 9,600 9,600 Utilities 900 1,200 1,200 1,200 Liability Insurance 5,000 5,000 5,000 5,000 Administration/Labor 13,700 63,000 63,000 63,000 Total Operational Expenses 49,000 93,400 93,400 93,400 Net Income Available for Additional Programs 1,000 -23,400 -6,400 -6,400 Additional Programs Marketing/Communication 24,000 24,000 24,000 12,000 Flicks at the Fountain 17,000 17,000 17,000 9,000 Friday Night Live 5,000 5,000 2,600 2,600 Investment Attraction* 55,000 5,600 0 0 Total Additional Programs 101,000 51,600 43,600 23,600 Funding Deficit or Surplus -100,000 -75,000 -50,000 -30,000 City Grant (1st half of fiscal year) 100,000 75,000 50,000 0 Sales Tax TIF, other grants, parking revenue 0 0 0 30,000 * Investment Attraction in 2015 may include: retail recruitment; facilitating broker and developer meetings; facilitating the development permitting process; Village & Barrio Plan acceptance and implementation; traffic impact fee advocacy; parking management advocacy; curb cafe policy improvement and extension; developing a fagade improvement program; conducting pedestrian & bicycle counts and parking studies; public space development and activation; city project (CIP, etc.) liaison.