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HomeMy WebLinkAboutC-4997 - Contract Governing Access to Confidential Taxpayer DataCONTRACT GOVERNING ACCESS TO CONFIDENTIAL TAXPAYER DATA Pursuant to Council authorization, the City of Newport Beach ( "City ") has retained Keyser Marston Associates, Inc. ( "KMA ") to provide a market analysis for Balboa Village, Lido Village and Mariner's Mile. In order to provide a comprehensive analysis, it is necessary for KMA, acting through its staff, to have access to all confidential information and data gathered by the City's sales tax consultant, on the City's behalf, as well as all information in the possession, custody or control of the SBOE or others pertaining to the ascertainment of the sales and use taxes. Section 7056(b) of the California Revenue & Taxation Code ( "RTC ") provides that access to such confidential data by any person other than an employee or officer of a city is conditioned upon there being an existing Resolution by the City designating the person to examine the records, data and other information and certifying that the individual meets the conditions specified in RTC Section 7056(b)(1), including the requirement of RTC Section 7056(b)(1)(A), that there be an existing contract with the City to examine the sales and use tax records that meets all requirements of RTC Section 7056(b)(1), subdivisions (A) through (D). The City and KMA wish to enter into a Contract complying with the legal requirements described in RTC Section 7056. Therefore, KMA and the City do hereby further agree as follows: 1. In connection with the market analysis for Balboa Village, Lido Village and Mariner's Mile, KMA (acting through certain of its partners, associates, and employees whose identities shall be set out in a list maintained by the Community Development Department) is hereby authorized to examine all confidential records and data of the State Board of Equalization, including but not limited to records and data available through City's tax consultant, pertaining to the ascertainment of the sales taxes and use taxes collected or to be collected by the State Board of Equalization that related to the market analysis. 2. KMA and its partners, associates and employees will disclose any information contained in, or derived from, those sales and use tax records only to officers, employees, or other duly authorized representatives of the City. 3. KMA will ensure that each of its partners, associates and employees who will have access to confidential sales and use tax records has done each of the following prior to, and as a condition of, access to such records: a. Read this Contract; b. Signed the list of KMA personnel who will be provided with access to confidential sales and use tax records and information pursuant to this Contract; C. Acknowledged through such signature on the Community Development Director's list that he or she is bound by this Contract and by the legal requirements of RTC Section 7056 with respect to the confidentiality of sales and use tax records; and d. Agreed through such signature not to provide California state sales and use tax consulting services to any retailer during the term of this Contract. 4. KMA will return or (at the City's request) ensure the destruction of all sales and use tax documents disclosed pursuant to this Contract, as well as all other documents containing information derived from those sales and use tax documents, prior to the termination of this Contract. 5. This Contract shall terminate ninety (90) days after the termination of the KMA's services to the City. KMA and its personnel who have been provided with confidential sales and use tax records and information pursuant to this Contract shall not retain in their files or in any other document the confidential state sales and use tax information to which they have received access after this Contract N In witness whereof, Keyser Marston Associates and the City have executed this Agreement as of this z.6thday of7�-.,,2012. APPROVED AS TO FORM CITY ATTORNEY'S OFFIC By: 1-7.— C iv Aaron C. Harp, City Attorney ATTEST: n By: Leilani Brown City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: . 6� `wl Dav6 Kiff City Manager KEYSER MARSTON ASSOCIATES, INC. Print Name: xa�` ut H-6, d By: rint Name: Amy/" o s Rc�4�-- [END SIGNATURES] 3 RESOLUTION NO. 2012-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KEYSER MARSTON ASSOCIATES TO CONDUCT A MARKET ANALYSIS FOR BALBOA VILLAGE, LIDO VILLAGE AND MARINER'S MILE WHEREAS, the City has retained Keyser Marston Associates ( "KMA ") to provide a market analysis for Balboa Village, Lido Village, and Mariner's Mile; and WHEREAS, KMA requires access to the City's sales tax data in order to provide such analysis; and WHEREAS, Section 7056(b) of the Revenue and Taxation Code ( "RTC ") provides that access to certain tax records and documents may be had provided that the City's legislative body pass a resolution requesting and authorizing such access; and WHEREAS, RTC Section 7056(b)(1) further provides that the City shall, in connection with such a resolution, certify that it has an existing contract, binding on the persons to whom access to the tax records is to be provided, that contains certain undertakings described in Section 7056(b)(1)(A) through 7056(b)(1)(D); and WHEREAS, the City wishes to enter into a contract meeting the lawful requirements of RTC Section 7056(b) so that it can then entertain and adopt a resolution meeting the requirements of RTC Section 7056(b) to facilitate access to tax records and documents for the purposes of providing the market analysis. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: That the City Manager for the City of Newport Beach is hereby authorized to enter into the Contract attached to this Resolution as Exhibit "A ". Section 2: This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. Adopted this 24th of January, 2012. EXHIBIT "A" CONTRACT GOVERNING ACCESS TO CONFIDENTIAL TAXPAYER DATA Pursuant to Council authorization, the City of Newport Beach ( "City ") has retained Keyser Marston Associates ( "KMA ") to provide a market analysis for Balboa Village, Lido Village and Mariner's Mile. In order to provide a comprehensive analysis, it is necessary for KMA, acting through its staff, to have access to all confidential information and data gathered by the City's sales tax consultant, on the City's behalf, as well as all information in the possession, custody or control of the SBOE or others pertaining to the ascertainment of the sales and use taxes. Section 7056(b) of the California Revenue & Taxation Code ( "RTC ") provides that access to such confidential data by any person other than an employee or officer of a city is conditioned upon there being an existing Resolution by the City designating the person to examine the records, data and other information and certifying that the individual meets the conditions specified in RTC Section 7056(b)(1), including the requirement of RTC Section 7056(b)(1)(A), that there be an existing contract with the City to examine the sales and use tax records that meets all requirements of RTC Section 7056(b)(1), subdivisions (A) through (D). The City and KMA wish to enter into a Contract complying with the legal requirements described in RTC Section 7056. Therefore, KMA and the City do hereby further agree as follows: 1. In connection with the market analysis for Balboa Village, Lido Village and Mariner's Mile, KMA (acting through certain of its partners, associates, and employees whose identities shall be set out in a list maintained by the Community Development Department) is hereby authorized to examine all confidential records and data of the State Board of Equalization, including but not limited to records and data available through City's tax consultant, pertaining to the ascertainment of the sales taxes and use taxes collected or to be collected by the State Board of Equalization that related to the market analysis. 1 2. KMA and its partners, associates and employees will disclose any information contained in, or derived from, those sales and use tax records only to officers, employees, or other duly authorized representatives of the City. 3. KMA will ensure that each of its partners, associates and employees who will have access to confidential sales and use tax records has done each of the following prior to, and as a condition of, access to such records: a. Read this Contract; b. Signed the list of KMA personnel who will be provided with access to confidential sales and use tax records and information pursuant to this Contract; C. Acknowledged through such signature on the Community Development Director's list that he or she is bound by this Contract and by the legal requirements of RTC Section 7056 with respect to the confidentiality of sales and use tax records; and d. Agreed through such signature not to provide California state sales and use tax consulting services to any retailer during the term of this Contract. 4. KMA will return or (at the City's request) ensure the destruction of all sales and use tax documents disclosed pursuant to this Contract, as well as all other documents containing information derived from those sales and use tax documents, prior to the termination of this Contract. 5. This Contract shall terminate ninety (90) days after the termination of the KMA's services to the City. KMA and its personnel who have been provided with confidential sales and use tax records and information pursuant to this Contract shall not retain in their files or in any other document the confidential state sales and use tax information to which they have received access after this Contract PA In witness whereof, Keyser Marston Associates and the City have executed this Agreement as of this day of 2012. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY Aaron C. Harp, City Attorney ATTEST: in Leilani Brown City Clerk KEYSER MARSTON ASSOCIATES 0 Print Name: Print Name: [END SIGNATURES] 3 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2012 -6 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of January, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of January, 2012. 1. City Clerk Newport Beach, California (Seal) RESOLUTION NO. 2012-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FOR ACCESS TO TAX RECORDS AND DOCUMENTS PURSUANT TO CALIFORNIA REVENUE & TAXATION CODE SECTION 7056(b) WHEREAS, the City has retained Keyser Marston Associates ( "KMA ") to provide a market analysis for Balboa Village, Lido Village, and Mariner's Mile; and WHEREAS, KMA requires access to the City's sales tax data in order to provide such analysis; and WHEREAS, Section 7056(b) of the Revenue and Taxation Code ( "RTC ") provides, in pertinent part, that: "When requested by resolution of the legislative body of any... city... the board [SBOE] shall permit any duly authorized ... person designated by that resolution, to examine all of the sales or transactions and use tax records of the board pertaining to the ascertainment of those sales or transactions and use taxes to be collected for the ... city...'; and WHEREAS, City wishes to provide access to all such tax records otherwise confidential under RTC Section 7056 to certain staff at KMA; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Pursuant to RTC Section 7056(b), the City hereby provides, and requests the SBOE to provide access to the staff working with KMA on the market analysis to examine and use all confidential records and data of the SBOE pertaining to the ascertainment of the sales and use taxes collected or to be collected by the SBOE that are the subject of the market analysis. 2. To identify each person to whom access to records is to be provided pursuant to RTC Section 7056(b), the Community Development Department shall maintain a list of all staff members of KMA who will be given such access pursuant to this Resolution; 3. Pursuant to RTC Section 7056(b)(1), the City hereby certifies that: A. The City has an existing contract with KMA to examine the aforementioned sales and use tax records to effectively advise the City; B. The City's contract with KMA requires that KMA shall disclose confidential taxpayer information contained in, or derived from, the aforementioned sales or transaction and use tax records only to officers, employees or other duly authorized representatives of the City. 1 C. Under the City's contract with KMA, all staff members of KMA are prohibited from providing California state sales and use tax consulting services to any retailer during the term of the City's contract with KMA. D. Under the City's contract with KMA, KMA is prohibited from retaining the confidential taxpayer information contained in or derived from the aforementioned sales and use tax records after that contract has terminated. 4. The records and information to be provided to KMA shall be used solely for the purpose of providing a market analysis for Balboa Village, Lido Village, and Mariner's Mile, and for no other purpose, and shall be returned to the City after the contract has terminated. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. Adopted this 24th of January, 2012. ATTEST: c City Clerk rj Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2012 -7 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of January, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of January, 2012. Oc City Clerk Newport Beach, California (Seal) SEW PART o� I }. \e z C\ o� �P TO: CITY OF NEWPORT BEACH City Council Staff Report JA II L Agenda Item No. 11 January 24, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Brenda Wisneski, AICP, Deputy Director CDD APPROVED: TITLE: Authority to Provide Economic Data for Neighborhood Revitalization Efforts ABSTRACT: A component of the City's neighborhood revitalization effort includes a market analysis for the areas of Balboa Village, Lido Village and Mariner's Mile. Existing sales productivity is an important factor to consider for an accurate and comprehensive analysis. RECOMMENDATION: Staff recommends the City Council: 1) Adopt Resolution No. 6 authorizing the City Manager to enter into the contract attached as Exhibit "A "; and 2) Adopt Resolution No. 7 authorizing Keyser Marston Associates ( "KMA ") access to confidential taxpayer records. DISCUSSION: KMA is currently under contract with the City to provide a market analysis for the areas of Balboa Village, Lido Village, and Mariner's Mile. To accurately perform this analysis, it is necessary for KMA to access available sales tax data available which is considered confidential information by the Revenue and Taxation Code. Section 7056 authorizes the State Board of Equalization to provide access to confidential records under specific conditions, provided the City Council has entered into a contract meeting the requirements of Revenue and Taxation Code Section 7056(b) and adopts a resolution authorizing a person designated by the resolution to access such records. The current contract amount is $118,678. No additional expenses are required to utilize the sales tax data in KMA's analysis. 1 Authority to Provide Economic Data for Neighborhood Revitalization Efforts January 24, 2012 Page 2 Attachment A includes a draft resolution authorizing the City Manager to enter into an additional contract (provided as Exhibit A) with KNIA, per the requirements of Section 7056(b). In addition, Attachment B authorizes KMA. to access the tax data. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Co6e of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Kim Brandt, AICP Community Developm nt Director Attachments: A. Resolution — Authorize City to Enter into a Contract with KMA B. Resolution — Authorize KMA Access to Tax Records and Documents City Council Attachment A Resolution — Authorize City to Enter into a Contract with KMA 3 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH KEYSER MARSTON ASSOCIATES TO CONDUCT A MARKET ANALYSIS FOR BALBOA VILLAGE, LIDO VILLAGE AND MARINER'S MILE WHEREAS, the City has retained Keyser Marston Associates ( "KMA ") to provide a market analysis for Balboa Village, Lido Village, and Mariner's Mile; and WHEREAS, KMA requires access to the City's sales tax data in order to provide such analysis; and WHEREAS, Section 7056(b) of the Revenue and Taxation Code ( "RTC ") provides that access to certain tax records and documents may be had provided that the City's legislative body pass a resolution requesting and authorizing such access; and WHEREAS, RTC Section 7056(b)(1) further provides that the City shall, in connection with such a resolution, certify that it has an existing contract, binding on the persons to whom access to the tax records is to be provided, that contains certain undertakings described in Section 7056(b)(1)(A) through 7056(b)(1)(D); and WHEREAS, the City wishes to enter into a contract meeting the lawful requirements of RTC Section 7056(b) so that it can then entertain and adopt a resolution meeting the requirements of RTC Section 7056(b) to facilitate access to tax records and documents for the purposes of providing the market analysis. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: That the City Manager for the City of Newport Beach is hereby authorized to enter into the Contract attached to this Resolution as Exhibit "A ". Section 2: This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. Adopted this 24`h of January, 2012. Mayor ATTEST: City Clerk EXHIBIT "A" CONTRACT GOVERNING ACCESS TO CONFIDENTIAL TAXPAYER DATA Pursuant to Council authorization, the City of Newport Beach ( "City ") has retained Keyser Marston Associates ( "KMA ") to provide a market analysis for Balboa Village, Lido Village and Mariner's Mile. In order to provide a comprehensive analysis, it is necessary for KMA, acting through its staff, to have access to all confidential information and data gathered by the City's sales tax consultant, on the City's behalf, as well as all information in the possession, custody or control of the SBOE or others pertaining to the ascertainment of the sales and use taxes. Section 7056(b) of the California Revenue & Taxation Code ( "RTC ") provides that access to such confidential data by any person other than an employee or officer of a city is conditioned upon there being an existing Resolution by the City designating the person to examine the records, data and other information and certifying that the individual meets the conditions specified in RTC Section 7056(b)(1), including the requirement of RTC Section 7056(b)(1)(A), that there be an existing contract with the City to examine the sales and use tax records that meets all requirements of RTC Section 7056(b)(1), subdivisions (A) through (D). The City and KMA wish to enter into a Contract complying with the legal requirements described in RTC Section 7056. Therefore, KMA and the City do hereby further agree as follows: 1. In connection with the market analysis for Balboa Village, Lido Village and Mariner's Mile, KMA (acting through certain of its partners, associates, and employees whose identities shall be set out in a list maintained by the Community Development Department) is hereby authorized to examine all confidential records and data of the State Board of Equalization, including but not limited to records and data available through City's tax consultant, pertaining to the ascertainment of the sales taxes and use taxes collected or to be collected by the State Board of Equalization that related to the market analysis. H 7 2. KMA and its partners, associates and employees will disclose any information contained in, or derived from, those sales and use tax records only to officers, employees, or other duly authorized representatives of the City. 3. KMA will ensure that each of its partners, associates and employees who will have access to confidential sales and use tax records has done each of the following prior to, and as a condition of, access to such records: a. Read this Contract; b. Signed the list of KMA personnel who will be provided with access to confidential sales and use tax records and information pursuant to this Contract; C. Acknowledged through such signature on the Community Development Director's list that he or she is bound by this Contract and by the legal requirements of RTC Section 7056 with respect to the confidentiality of sales and use tax records; and d. Agreed through such signature not to provide California state sales and use tax consulting services to any retailer during the term of this Contract. 4. KMA will return or (at the City's request) ensure the destruction of all sales and use tax documents disclosed pursuant to this Contract, as well as all other documents containing information derived from those sales and use tax documents, prior to the termination of this Contract. 5. This Contract shall terminate ninety (90) days after the termination of the KMA's services to the City. KMA and its personnel who have been provided with confidential sales and use tax records and information pursuant to this Contract shall not retain in their files or in any other document the confidential state sales and use tax information to which they have received access after this Contract 0 In witness whereof, Keyser Marston Associates and the City have executed this Agreement as of this day of 2012. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY in Aaron C. Harp, City Attorney ATTEST: M Leilani Brown City Clerk KEYSER MARSTON ASSOCIATES By: Print Name: 13 Print Name: [END SIGNATURES] W 0 City Council Attachment B Resolution — Authorize KMA Access to Tax Records and Documents 11 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FOR ACCESS TO TAX RECORDS AND DOCUMENTS PURSUANT TO CALIFORNIA REVENUE & TAXATION CODE SECTION 7056(b) WHEREAS, the City has retained Keyser Marston Associates ( "KMA ") to provide a market analysis for Balboa Village, Lido Village, and Mariner's Mile; and WHEREAS, KMA requires access to the City's sales tax data in order to provide such analysis; and WHEREAS, Section 7056(b) of the Revenue and Taxation Code ( "RTC ") provides, in pertinent part, that: "When requested by resolution of the legislative body of any... city... the board [SBOE] shall permit any duly authorized ... person designated by that resolution, to examine all of the sales or transactions and use tax records of the board pertaining to the ascertainment of those sales or transactions and use taxes to be collected for the ... city... "; and WHEREAS, City wishes to provide access to all such tax records otherwise confidential under RTC Section 7056 to certain staff at KMA; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Pursuant to RTC Section 7056(b), the City hereby provides, and requests the SBOE to provide access to the staff working with KMA on the market analysis to examine and use all confidential records and data of the SBOE pertaining to the ascertainment of the sales and use taxes collected or to be collected by the SBOE that are the subject of the market analysis. 2. To identify each person to whom access to records is to be provided pursuant to RTC Section 7056(b), the Community Development Department shall maintain a list of all staff members of KMA who will be given such access pursuant to this Resolution; 3. Pursuant to RTC Section 7056(b)(1), the City hereby certifies that: A. The City has an existing contract with KMA to examine the aforementioned sales and use tax records to effectively advise the City; B. The City's contract with KMA requires that KMA shall disclose confidential taxpayer information contained in, or derived from, the aforementioned sales or transaction and use tax records only to officers, employees or other duly authorized representatives of the City. 1 13 C. Under the City's contract with KMA, all staff members of KMA are prohibited from providing California state sales and use tax consulting services to any retailer during the term of the City's contract with KMA. D. Under the City's contract with KMA, KMA is prohibited from retaining the confidential taxpayer information contained in or derived from the aforementioned sales and use tax records after that contract has terminated. 4. The records and information to be provided to KMA shall be used solely for the purpose of providing a market analysis for Balboa Village, Lido Village, and Mariner's Mile, and for no other purpose, and shall be returned to the City after the contract has terminated. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. Adopted this 24th of January, 2012. ATTEST: City Clerk 2 Mayor I �{ am PROFESSIONAL SERVICES AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC. FOR ECONOMIC ANALYSES FOR TWO REVITALIZATION AREAS THIS AGREEMENT FOR PROFESSI .�ICES ( "Agreement') is made and entered into as of this � day of 1 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Keyser Marston Associates, Inc., a California corporation ( "Consultant'), whose address is 500 South Grand, Suite 1480, Los Angeles, California, 90071 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires a report that defines the economic feasibility analyses for the following areas: Lido Village /Balboa Boulevard, Balboa Village. C. City desires to engage Consultant to provide an economic feasibility analysis that will define achievable implementation strategies for both the near and long term in the areas identified ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Kathleen Head, Managing Principal. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on April 27, 2012 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, either by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One;Hui Bred Eighteen "Thousand .Six Hundred Seventy =Eight Dollars and no /100 ($118,678.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.3.1 The actual costs of sub - consultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. Keyser Marston Associates, Inc. Page 2 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Kathleen H. Head to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. James Campbell, Principal Planner or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. Keyser Marston Associates, Inc. Page 3 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement arising from Consultant's willful misconduct or negligence in any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, sub - consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy Keyser Marston Associates, Inc. Page 4 limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. iFlt��>17I�7�i:� Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 14.2 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Keyser Marston Associates, Inc. Page 5 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or sub - consultants. The cost of such insurance shall be included in Consultant's bid. 14.3 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the sub - consultant's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. Keyser Marston Associates, Inc. Page 6 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14.8.1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty- five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. Keyser Marston Associates, Inc. Page 7 16. SUBCONTRACTING City and Consultant agree that sub - consultants may be used to complete the Work outlined in the Scope of Services. The sub - consultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. Keyser Marston Associates, Inc. Page 8 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall 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 to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to Keyser Marston Associates, Inc. Page 9 disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: James Campbell, Principal Planner Community Development Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 -644 -3210 Fax: 949 -644 -3229 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Kathleen Head, Managing Principal Keyser Marston Associates, Inc. 500 South Grand Avenue, Ste. 1480 Los Angeles, CA 90071 Phone: 213 - 622 -8095 Fax: 213 - 622 -5204 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured Keyser Marston Associates, Inc. Page 10 within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Compliance With all Laws Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.2 Waiver A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 Integrated Contract This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.4 Conflicts or Inconsistencies In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. Keyser Marston Associates, Inc. Page 11 29.5 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either parry by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.6 Amendments This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.7 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.8 Controlling Law And Venue The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 29.9 Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 29.10 No Attorney's Fees In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Keyser Marston Associates, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: I a' By: Aaron rp City Attorney ATTEST*)(.V. // n Date: ) I' !�"l . 11 By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date.- 11t23(2c (\ By: _!�N�� (,AL.4v,\\,) Dave Ki . City Manager CONSULTANT: Keyser Marston Associates, Inc., a California corporation Date: By: 4-t__—k Kathleen H. Head Vice President / Managing Principal Date: //�7_9_ 11 Diane M. Chambers Chief Financial Officer & Secretary Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Keyser Marston Associates, Inc. Page 13 Exhibit "A" ) KEYSER MARSTON ASSOCIATES.. ADVISORS IN PUBLIC/PRIVATE REAL ESTAEE DEVELOPMENT October 12, 2011 AMISOR51N. Kim Brandt R[AL ESIAIT RI°IYFFUMIFNI Community Development Director AFIORRARLF HE 111. ECONMIC nFYDLWALTVT City of Newport Beach 3300 Newport Boulevard 1111A%'n'11111 A. IFRky KI"m Newport Beach, California 92663 TWOTHYC. KELLY KATE EARLE FUNK DTRSIF AI. KFRN Dear Ms. Brandt: ROBERT I.WUMORE REID T. KA \l'AI IAIN Keyser Marston Associates, Inc. (KMA) and Nelson \Nygaard Consulting 101,,,;GEUI KATLILEM 11. 11"P Associates, Inc. (Nelson \Nygaard) are pleased to submit this revised proposal FASII f A. RABL FARI C. ANMRSM ' to the City of Newport Beach (City) to provide Revitalization Areas Feasibility cRTEVI.N Analyses consulting services. The following proposal reflects the revised Y 9 9 P P KwrN c FNGSTA9 \I .ENG.M,M 111111 I.REI.HET scope of services being requested by the City, and the insights the Project DENISE RICKLISTAFF Team gained during our interview with the City. "NIMra GIR.ELOM, Tftixtnr We believe that PoJ q y qualified to undertake this eeve a our Project Team is uniquely rAVLC.AIAAKA RA engagement. KMA can provide the real estate expertise that is necessary to create a plan that demonstrates market and financial feasibility. Nelson \Nygaard brings a depth of expertise creating successful parking plans for numerous coastal communities in Southern California. The Project Team has a demonstrated commitment to working with public and private stakeholders in the process of creating workable implementation plans. We look forward to working with you on this engagement.. Please feel free to contact us if the proposal can be modified to better suit your needs. Sincerely, KEYSER MARSTON ASSOCIATES, INC. K -lam Kathleen Head 500SOUTLI GRAND AVENUE, SUITE 1480 s LOS ANGELES, CALIrORNIA 90071 r PHON E: 213 622 8095 i. TAX: 213 622 5204 1110006CL; WXHH:KEE wwW.KEYSERMARSTON.COM 99900.900 Contents ProposalSummary .......................................................... ............................... 1 Statement of Understanding .......................................... ..............................1 Focusof the Analysis ................................................... ............................... 1 Scopeof Services ................................................. - ...................................... 7 Task 1 - Project Initiation ............................................ ............................... 7 Task 2 - Document Review-- ................... ............................... ..... 7 Task 3 - Market Overview and Opportunities Analysis ........ ..............................8 Socio- Economic Characteristics .................................. ............................... 8 Employment & Businesses .......................................... ..............................8 Assessment of Market Conditions ................................ ............................... 9 Assessmentof Opportunities ........................................ ..............................9 Task 4 - Feasibility and Highest and Best Use Analyses .... ............................... 9 Task 5 - Parking Conditions Assessment ....................... ............................... 11 Project Initiation .................................................... ............................... 11 Existing Conditions Review ...................................... ............................... 11 Existing Parking Supply and Demand Assessment ........ ............................... 12 Future Parking Supply and Demand Assessment ......... ............................... 13 Development of Parking Strategies ........................... ............................... 14 Task 6 - Implementation ................................ ............................... .... 17 Task 7 - Meetings and Presentations ............................ ............................... 18 ProgressMeetings .................................................. ............................... 18 Presentations......................................................... ............................... 19 FeeSchedules and Budget ............................................ ............................... 21 KMAHourly Rates ..................................................... ............................... 21 Nelson\Nygaard Hourly Rates ..................................... ............................... 21 Budget.................................................................... ............................... 21 Statement of understanding It is our understanding that the City is seeking a consultant team to assist in creating implementation plans that evaluate public and private sector Investment opportunities and parking issues in areas Identified as the Lido Village / Balboa Boulevard Study Area and the Balboa Village Study Area. In addition, the City would like to gain a perspective on the general market conditions exhibited on the Balboa Peninsula in general and in the Mariner's Mlle area. KMA and Nelson \Nygaard will work closely together to insure that the strategies, implementation plans, and recommendations are consistent with the City's goals and objectives. As part of that process, KMA and Nelson \Nygaard will work closely with both the public and private stakeholders in the community. KMA will utilize its knowledge of the coastal Orange County real estate market, along with knowledge of the various aspects of real estate development, to develop Implementation plans that are based upon real -world practical experience. These plans will consider the role of the capital markets in assessing financial feasibility, and other practicalitles of development. iFactis of the Analysis Based on the City's identified needs, the Project Team is proposing to undertake the following general work scope: This Study Area includes the northeast corner of Newport Boulevard and 32nd Street, and the section of Balboa Boulevard between PCH and McFadden Square. The Study Area includes the existing City Hall, which will soon be. relocated to Newport Center. It Is our understanding that the City and local stakeholders have already engaged a consultant and an architect to create a development concept for the existing City Hall site and the surrounding Lido Village area. It is anticipated that the redevelopment. of the City Hall site will create significant opportunities for the properties in the surrounding area. Keyser Marston Associates, Inc & Nelson \Nygaard Page 1 The key issues to be evaluated in this Study Area are; KMA will Identify development types that can feasibly, be attracted to the 1 the existing City Hall site. Recommendations will balance the economic return to the City against the benefits to surrounding properties if catalytic uses are attracted. K and Nelson \Nygaard will work with the City staff to evaluate infrastructure and parking improvements that could enhance existing Lido Village development and fncentivize new private Investment. KMA will Identify City programs that could potentially be Implemented to encourage property owners to enhance the existing uses on Balboa Boulevard. Nelson\Nygaard will assess the potential for creating one -stop parking 4 opportunities to serve the Study Area. The purpose of this analysis Is to enhance the performance of existing uses and to encourage the reuse of existing properties. This Study Area is located along Balboa Boulevard between "A' Street and Coronado Street. The Study Area boundaries extend to Ocean Front and Bay Avenue between Adam Street and A Street. The Study Area will benefit from the development of the Nautical Museum, which will provide patrons for nearby commercial properties. In addition, there may be potential for existing owners to adaptively reuse and /or enhance existing buildings. The real estate analysis in this Study Area will consider how market area and visitor demand can be leveraged to support retail and restaurant uses in the Study Area. The parking analysis In this Study Area will focus on creating a parking management plan that balances the needs of local residents, business owners and visitors. Keyser Marston Associates, Inc & Nelson \Nygaard Page 2 1 KMA will identify programs and incentives to encourage the reuse of and Improvements to key properties that can capitalize on new development such as the Nautical Museum. Nelson\Nygaard will evaluate the existing parking inventory, and will then create a recommended parking management plan that considers the needs of employers, customers and visitors. A successful parking solution will provide for desirable commercial development while alleviating congestion during peak use periods. LeTUFARM L 4,. In conjunction with the market research for two specific study areas, KMA will Identify the market strengths. and opportunities available to the Balboa Peninsula and the Mariner's Mile area. 2 It is KMA's anticipation that this market research will be used to assist the City in creating goals and objectives for these areas. Keyser Marston Associates, Inc & Nelson \Nygaard Page 3 KMA's proposes to use the following methodology in undertaking market research and in creating implementation plans for the two Study Areas: *Summarize the market area socio - economic characteristics that form the basis of demand and development opportunities. •Identify and categorize existing businesses and employment. •Evaluate retail sales In the market area to identify surplus /leakage and identify specific tenant types that are best suited for the Study Areas. Identify voids in the marketplace that could potentially be filled by properties located in the Study Areas. •Survey real estate market conditions to identify rents and vacancy levels in the market area. •Identify the scope, format and mix of development types and reuse opportunities best suited for properties in the Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area. *Model the financial feasibility of development prototypes and Incentive programs best suited for the properties In the Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area. •Identify incentives and implementation tools that can promote enhancement of existing uses, and development of financially feasible, market acceptable development In the Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area, Keyser Marston Associates, Inc & Nelson \Nygaard Page 4 Nelson \Nygaard's strategy for developing the parking assessments and implementation plans is to undertake a comprehensive analysis of existing and future parking supply and to solicit input from the various stakeholder groups. The end result will be a strategy for managing the anticipated parking demand in the Study Areas. Nelson \Nygaard's methodology will be to: *Using the extensive available data, we will evaluate existing and future parking conditions and demand for the diverse set of users in the Lido Village / Balboa Boulevard and Balboa Village Study Areas, *Utilize our knowledge of best practices in parking management to balance the various needs of all modes of transportation and user groups. •Develop Guiding Principles to guide parking decisions in the Lido Village / Balboa Boulevard and Balboa Village Study Areas, to provide a consistent basis for near- and far -term decisions related to parking. *Develop comprehensive parking standards and management techniques specifically tailored to the unique needs of the Lido Village / Balboa Boulevard Study Area. *Analyze and mitigate impacts on the surrounding residents and business owners Keyser Marston Associates, Inc & Nelson \Nygaard Page 5 Some of the strategies Nelson \Nygaard will evaluate that respond to the unique needs and characteristics of the Lido Village / Balboa Boulevard Study Area and the Balboa Village Study Area include the following: *Strategies to promote the most efficient use of scarce land while promoting economic prosperity. *Strategies to serve existing mobility needs and accommodate future employment and visitor growth. *Strategies to manage both the supply and demand for parking. *Strategies to maximize the convenience and efficient use of parking resources for both visitors and residents, particularly In the Balboa Village Study Area commercial revitalization area. *Strategies to better manage existing parking supply, particularly underutilized parking lots. The ultimate goals of the parking assessments will be to develop a phased Implementation plan for the Lido Village / Balboa Boulevard Study Area and the Balboa Village Study Area. This will provide the City with definite steps necessary to realize actual change and Introduce necessary Improvements to the Lido Village / Balboa Boulevard Study Area and the Balboa Village Study Area. Keyser Marston Associates, Inc & Nelson \Nygaard Page 6 The scope of services provided below endeavors to address the market area conditions for the Balboa Peninsula as a whole, while recognizing that the two Study Areas offers unique challenges and opportunities. Based on that understanding, the Project Team will prepare an economic and parking implementation plan that is tailored specifically to both Study Area's needs. The following summarizes the proposed Tasks: Task I . Project Initiation The Project Team will conduct a kick -off meeting with City staff to discuss project goals and objectives, schedule and work plan. Task 2 m Document Review The RFP identifies several studies that the City has previously commissioned for the Study Areas. It is clear that these studies need to represent the foundation from which.an implementation plan will be developed. To that end, the Project Team will review the existing studies, and will work with City staff to Identify any other useful insights that have been developed during the process. As appropriate, the Project Team will also review the following information: Keyser Marston Associates, Inc & Nelson \Nygaard Page 7 *The 2006 General Plan -The 2010 Zoning Code •GIS -based files for mapping each commercial revitalization area that include boundaries, parcel lines, public rights of way (streets and alleys), and street names Task 3 « Market Overvievr and Opportunities Analysis The Market Overview and Opportunities analysis will address the Issues for the Balboa Peninsula and the Mariner's Mile area: KMA will also provide a summary of the key issues and their implications on development and redevelopment opportunities in the two Study Areas. Socio- Economic Characteristics KMA will detail the demographic and economic characteristics that will impact commercial demand in the market area. Included among these data are the number of households, household formation, population, income levels, potential retail expenditures, age, education and ethnicity. This information will be obtained from the studies that have previously been commissioned by the City, and supplemented by information available through agencies such as the Southern California Association of Governments (SCAG), the State Department of Finance, local governmental agencies and private firms specializing in demographic data. Employment & Businesses Employment levels and occupations of workers In the market area and community will be Identified based on the studies previously undertaken by the City, and supplemented with census data and private data sources. Working with the City, KMA will identify the predominant retail and commercial land uses in the market area. Keyser Marston Associates, Inc & Nelson\Nygaard Page 8 Assessment of Market Conditions The collection of socio- economic, employment and business data will set the stage for KMA's subsequent research. By first identifying the salient factors that will impact future development in the Study Areas, KMA can proceed with an assessment of demand and future market conditions to identify near- to mid -term development opportunities for sites in the Study Areas. KMA will analyze the market and financial characteristics of establishments in the market area. This analysis will identify general rent levels, sales productivity, vacancy rates, land and building values, major transactions and proposed developments. KMA will also prepare a surplus /leakage analysis evaluating potential demand for retail tenant types. Based on the information compiled, KMA will evaluate the strengths and weaknesses embodied by the existing uses. Sources of this information include real estate market reports prepared by real estate service corporations, City sales tax information, building permit data, assessor's information and public agencies. Brokers active in Newport Beach will also be contacted, as their insights are invaluable for assessing the current and future market conditions. The market assessment will also include an inventory of the tenants in both Study Areas. Assessment of Opportunities Based on the market characteristics and information gathered, KMA will prepare an assessment that identifies potential tenant categories missing from the current market. KMA will also identify the conditions that may constrain commercial development, including land use policies, current zoning, surrounding land uses, and the availability of financing. Where site - specific development opportunities have been Identified in the Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area, KMA will address the physical characteristics of the properties, iocational consideration, zoning and other site - specific constraints. Task 3 Product Deliverable; For both Study Areas, KMA will prepare a memorandum and a series of tables that summarize the overall market conditions and opportunities. Task 4 -- Feasibility and Highest and Best Use Analyses The KMA Feasibility and Highest and Best.Use Analyses will be based on the information gathered.in Task 3, and site - specific evaluations that factor in zoning Issues and existing development patterns. The KMA analysis will test the financial Keyser Marston Associates, Inc & Nelson \Nygaard Page 9 feasibility of prototype commercial uses for up to two specific sites within the Lido Village / Balboa Boulevard Study Area. The analysis will also evaluate adaptive reuse and /or the rehabilitation opportunities for up to two existing properties In the Balboa Village Study Area. To create the prototype developments to be analyzed, KMA will: Given the prototypes created during this process, KMA will prepare pro forma financial feasibility analyses. These analyses will consider the likely construction or rehabilitation costs,. the projected net operating income and the resulting supportable land values /financial feasibility. These pro forma analyses will be based on the following: I 4' Keyser Marston Associates, Inc & Nelson \Nygaard Page 10 Task 4 Product Deliverable: For both Study Areas, KMA will prepare a memorandum and series of tables summarizing the financial feasibility of the prototypical development programs. Task S — Parking Conditions Assessment Project Initiation Nelson \Nygaard will attend a kickoff meeting with City staff to confirm project goals and refine the proposed work plan and schedule. This meeting will also provide an opportunity to Identify available data relevant to the City's parking and transportation infrastructure. In particular, this meeting will allow the Nelson \Nygaard team to review existing policies and practices, including zoning, enforcement, development standards, and administrative authority. Before collecting data and speaking to stakeholders, our team will seek to identify: *What is the City's current vision for parking in Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area? •What purposes does parking serve today in each area? *What are the tensions among users'. various parking goals and what are the potential opportunities for mutual gain? The kick -off meeting will provide our team with the opportunity to determine the history of parking issues and regulation in Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area. We will also work with City staff to identify relevant public agencies and key stakeholder groups during this task. Existing Conditions Review Nelson \Nygaard will work with City staff to identify and collect all available data, reports, and studies related to parking and relevant transportation programs in Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area. This step will allow the consultant team to identify existing data and evaluate the current policy and regulatory framework for on- and off - street parking. Analysis of these materials will enable Nelson \Nygaard to cost - effectively develop an accurate and specialized data collection plan. Keyser Marston Associates, Inc & Nelson\Nygaard Page 11 The existing data collection effort will include gathering and analyzing at a minimum: •2006 General Plan •2010 Zoning Code, including existing parking standards *Electronic files of base maps of the project area, including parcel lines, rights of way, street names, and project area boundary 91997 Balboa Peninsula Planning Study •2009 Balboa Village Study Area Parking Policy Plan •Z011 CNBCA Parking Study Analysis •BPPAC 2000 Project *2009 Cannery /Lido /McFadden Municipal Parking Study Existing Parking Supply and Demand Assessment Nelson \Nygaard will develop a comprehensive list of all land use quantities within Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area using the most current land use data provided by the City. Utilizing this land use inventory, Nelson \Nygaard will be able to conduct an objective assessment of actual parking usage during a "typical day" in the two areas, with an emphasis placed on peak occupancies during the count periods. More specifically, Nelson \Nygaard will determine both the built ratio and the demand ratio of parking., The built ratio compares the total number of existing parking spaces to the total existing square footage of occupied building space within Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area. The demand ratio represents peak hour parking occupancy within the two areas, Keyser Marston Associates, Inc & Nelson \Nygaard Page 12 combining the on- and off - street supply. In short, actual parked vehicles can be correlated to actual occupied building area to develop ratios that can be effectively compared to Code requirements. This analysis will enable Nelson \Nygaard to demonstrate the effects of development on parking and will be used to inform the recommendations related to parking management, including opportunities for shared parking among various land uses. Future Parking Supply and Demand Assessment Nelson \Nygaard will build upon its existing conditions analysis to project future demand for parking, taking into account upcoming projects both inside and adjacent to Lido Village j Balboa Boulevard Study Area and Balboa Village Study Area. An assessment of the factors driving existing and projected parking demand will be performed to establish an understanding of how parking behavior in each of the areas is influenced. This assessment will be based on: -Existing and projected parking supply *Existing and projected parking utilization patterns *Anticipated policy or zoning changes that could influence supply or demand *Anticipated development changes that could influence supply or Nelson \Nygaard will build future parking demand ratios based on these variables in light of the results obtained from Task 3, which will then be used to analyze parking needs within each study area. The ratios will be compared to Code requirements In light of new potential shared parking arrangements and the creation of efficient "park once" environments. As part of this process, Nelson \Nygaard will outline a set of policies and programs to guide parking management efforts, document'their potential impact on parking demand, and identify future parking needs. Keyser Marston Associates, Inc & Nelson \Nygaard Page 13 Development of Parking Strategies Goal Refinement Based on our findings, Nelson \Nygaard, in consultation with City staff, will finalize the City's goals for Lido Village./ Balboa Boulevard Study Area and Balboa Village Study Area and identify management strategies that meet their individual needs. It Is important to highlight that Nelson \Nygaard's renowned and award - winning approach to parking management emphasizes solutions that address the core factors that influence parking demand. Nelson \Nygaard's experience and expertise in parking management has shown that traditional approaches to parking challenges, which often focus on increasing supply, are not always supportive of larger community efforts to create balanced neighborhoods. Our belief is that overall parking goals must reflect the ways in which parking can support the larger economic development and quality of life objectives, while recognizing the importance of maintaining parking availability and access for residents, commuters, shoppers, beach goers. In short, we seek to provide. not just supply -side solutions, but cost - effective strategies that address parking demand. identification of Effective Strategies A comprehensive parking management strategy will be tailored to Lido Village J Balboa Boulevard Study Area and Balboa Village Study Area to maximize each area's current parking resources, balance the needs of all parkers, and emphasize cost - effective approaches when applicable. Our recommendations will focus on Implementing sound supply and demand strategies for all parking facilities and on- street parking. Although both Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area will likely benefit from a host of measures from revised sharing standards to proper on- street management, given their individual natures, it is anticipated that parking code revisions to stimulate development will play a more critical role in the Lido Village while management of residential and commercial spaces will be more important in the Balboa Village Study Area. Keyser Marston Associates, Inc & Nelson \Nygaard Page 14 These strategies or suites of strategies, will consider the following elements: •Including assessments of potential for increasing availability through shared and off -site parking, enhancing wayfinding programs, and introducing real -time information about parking availability. r •Including, but not limited to, demand- responsive pricing, employee parking pricing, unbundling parking costs from office leases and residential rents, leasing of private spaces, and modified hours of operation. *Including modified time limits, blended non - residential raitios, varied minimum /maximum requirements, and parking permit/benefit districts to manage spillover into residential neighborhoods. -Strategies and Improvements to alternative transportation, will consider the potential for an array of possible Improvements in order to ensure that the overall plan directs Investment Into the most cost - effective mix of parking Improvements to meet the needs of Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area. The following briefly lists additional examples of parking and transportation demand management strategies that could be considered in the two Study Areas. These strategies should in noway be seen as a complete list, but rather as a basis for discussion about what is potentially appropriate for Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area. Keyser Marston Associates, Inc &Nelson \Nygaard Page 15 " i. *Numerous U.S, cities have successfully adopted TDM ordinances and requirements. -These programs assist the City In reducing parking demand and traffic congestion by promoting or subsidizing programs that encourage alternate modes of transportation. *Examples range from requiring the unbundling of parking costs from office and residential leases, to requiring alternative mode incentives In new developments. *Oftentimes, outdated or little known provisions of a City's parking codes and fees can Inhibit desired developments and stymie economic growth. -Revising development standards to set requirements that are more appropriate for the local context can often unleash development potential and allow for better urban design. *Development fees can help fund Investments in new parking facilities, transportation Infrastructure, or parking management programs to help reduce parking demand. In addition to developing parking strategies, Nelson \Nygaard will conduct up to two conference calls with the Coastal Commission to gain their input on potentially contentious issues such as the introduction of residential permit or benefit districts. Given the Commission's stance on maintaining the availability of parking to the general public, this is a critical step in ensuring strategies are vetted prior to implementation. Task S. Product Deliverables Nelson \Nygaard will compile all data analysis and recommendations Into a comprehensive Parking Management Plan for Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area. The plans will summarize the project goals and objectives, key findings, and specific recommendations based on the quantitative analysis and public input. In addition, each plan will include priorities for short -term and longer term implementation. For example, shorter term issues are expected to include changes in parking code and /or the development of in -lieu fees that can be implemented in conjunction with current or future development proposals. Long -term issues may include setting the groundwork for future residential parking permit or benefit districts. The plans will be written in a concise and clear style that will incorporate appropriate visual graphics to ensure that it Is a user- friendly document. Keyser Marston Associates, Inc & Nelson \Nygaard Page 16 Nelson \Nygaard will submit draft plans for review and based on a single set of non - conflicting comments from the City, we will revise and submit final plans. Task B — Implementation It is likely that development and /or financial incentives will be required to attract desirable, catalytic development to the Lido Village / Balboa Boulevard Study Area and Balboa Village Study Area. The recommendations and implementation plan will consider the resources available to the City, and the unique characteristics of both Study Areas. Ultimately, KMA will identify economic and financial incentives that can be deployed to enhance a project's viability. while not exhaustive, the incentive tools that will be considered include: KMA will prepare a matrix that summarizes the implementation mechanisms and suitability for sites within the two Study Areas._ The matrix will consider the following issues related to the funding mechanisms: Keyser Marston Associates, Inc & Nelson \Nygaard Page 17 Task 6 Product Deliverable: KMA will synthesize the matrix into a narrative that summarizes how the Incentives will work In concert to assist in achieving the City's goals. A timeline will be provided to identify how the programs would be implemented. Task i - Meetings and Presentations Progress Meetings The Project Team will meet with the City and the community stakeholders throughout the process to gain Insights and to present findings. The meetings will include a review of the market factors at work within Newport Beach, and their impact on development opportunities in the Study Areas. Initial meetings will solicit public feedback and direction regarding some key issues, including: Keyser Marston Associates, Inc & Nelson \Nygaard Page 18 The Project Team will participate in two coordination and progress meetings with City staff and key community stakeholders, in addition to the project kick -off, (Nelson \Nygaard will participate in one of these meetings via conference call.) These meetings will supplement ongoing and regular communication provided by the Project Team. The Project Team views these meetings as vital to the development of this study and plan. The team hopes that these meetings will provide City stakeholders the opportunity to not only "stay apprised of the project status, but also actively provide direction and feedback to the Project Team, The Team will prepare meeting materials including agendas and handouts for each meeting. Presentations The Project Team will make presentations and /or facilitate at up to five public meetings. Attendance at these meetings will be at the direction of City staff, and may Include a presentation to the City Council, the Planning Commission, the Ad Hoc committee and /or to specific businesses, residents, and stakeholders. initial meetings would likely focus on presenting key findings and trends as they relate to the market opportunities and parking issues including parking inventory, regulations, utilization rate, turnover, and potential strategies for improved parking management, thereby allowing project stakeholders to provide input to the Project Team that will be used in the development of final recommendations. Keyser Marston Associates, Inc & Nelson \Nygaard Page 19 The meetings will also solicit public feedback on parking and alternative transportation issues, including: :Some parking will always be more convenient than other, parking. *How can we direct some motorists to less convenient parking? *What strategies can be used to balance demand? *Who gets the best spaces? *Is there a difference between perceived parking "availability and actual availability? ' oHOw can we help motorists find a convenlent.space as- quickly and easily as'possible? *To what extent should the City subsidize the provision of parking in order'to attract more shoppers apd businesses ?, -, >Or should. parking fees be an option? sHow'should the City get Involved In managing private parking supplies ?. eCan private parking be opened,to other users when it is not needed `Its owners? -How can owners' liability concerns be alleviated? Task 7 Product Deliverables: The deliverables for this task include the creation of meeting agendas, Power Point presentations, handouts and notes for up to five public meetings. Keyser Marston Associates, Inc 8& Nelson \Nygaard Page 20 Exhibit "B" The following tables detail the 2011/12 hourly rates for KMA and Nelson \Nygaard. KMA Hourly hates Title Managing Principal Senior Principals Senior Associate Associate Administrative Staff Nelson \Nygaard Hourly bates is i 2011/12 Hourly Rates $280.00 $200.00 $140.00 $125.00. $60.00 2011/12 Hourly Title Rates Principal $222.00 Senior Associates $137.00 Associate $90.00 The not -to- exceed budget is $118,678. The detailed budgets for KMA and Nelson \Nygaard are provided in Appendix A. Keyser Marston Associates, Inc & Nelson \Nygaard Page 21 F.4-22vi wNril O c +, KEYSER MARSTON ASSOCIATES, INC. PROPOSED PROJECT BUDGET Title Senior Administrative Managing Principal Senior Principal Associate Associate Staff Hours Budget Billing Rate $280.00 8200.00 $140.00 $125.80 $60.00 Task I. Project Initiation Task 1.1 Project Initiation (Kickoff Meeting) 4 4 8 31.92D Task Total 4 4 0 0 0 B $1,820 Task 2- Document kevfew Task 2.1 Document Review 0 6 2 2 0 10 $1,730 Task Total D 6 2 2 D 1D $1,730 Task 3 - Market Overview & Opportunities Task 3.1 Socio-Economic Characteristics 4 2 12 18 $2,580 Task 3.2 Businesses & Employment 4 2 12 18 $2,580 Task 3.3 Assessment of Market Conditions 16 2 12 30 $4,980 Task 3.4 Assessment of Opportunities 16 2 12 4 34 $5.220 Task Total 0 40 8 48 4 100 $15,360 Task 4- Highest & Best Use Analysis - Assumes Project Area and up to 2 Silas per Area (Additional Prototypes would be $2,500 each) Task 4.1 Highest & Best Use Analysis 16 24 16 16 2 74 $13.640 Task Total 16 24 16 16 2 74 $13,640 Task S. Parking Conditions Assessment Task 5.1 Project Management 4 4 3800 Task Total 0 4 0 D D 4 $800 Task 6 - Implemordatlon Task 7.1 implementation 26 40 10 2 72 $15.120 Task Total 2D 40 10 0 2 72 $15,120 Task 7- Meetings - includes an allowance for 5 pub8c meetings and 2 meetings vAth CRY staff Task 6.1 City/Stelf Meetings 4 4 B $1,920 Task 6.2 Presentations 8 S2 40 $8,640 Task Total 12 36 0 0 0 -48$10,560 Expenses B150 PROJECTTOTAL 52 150 36 66 8 312 $59,280 Nelson \Nygaard Proposed Project Budget TOW B HOW TOW Prolpa LAW Hours TON Pmfm Labor Costs JeflTum6n BAanC anepa Ph001ma 4a 4222AD 5197.00 $97.00 NN 1aor Roues Coat 1 Pro)OOMMNioNDan 1.1 ProjectWSaSM f2 12 $1.5m 12 Sl, TaskTaW 0 12 12 $t, 12 511644 2 Paisf6lg ConBtlow 21 CDW and RadaxAVZhbla OM 4 14 16 $1,906 19 S1,BD6 Task TOW 0 4 14 1B 51.906 16 51,906 3 Edson PaAlm Sup* app Omuad Awaasmeat 5.1 Ex" Paliv Sq*&WOam mA mot 2 to 20 $2 $9,7 32 $3,754 Task TON 21 10 06 321 S3.754 32 53,7 4 Futm@ Par1mg Supply and Demand AUmmst 4.1 0a pmjCfian1 2 10 20 32 $3.7 32 $3,7 Task TOW 2 to 20 32 $3,7 32 $3, 5 Deaefo, ftditg Sb2mmm . 5.1 GoN Raiman a 6 to U 32 $4Z4 32 $4 52 D ahkaOOnat E64censbamses 16 42 62 120 $16.320 120 $15, TUkTODd 22 52 78 152 $19.674 152 $19,57 5 Stuay Dommxaftiwn and tlSubm MH 5.1 SD* OWAM Nadonand Submw 16 26 32 76 $10.49 76 $10. TmkToW 161 ZBJ 321 76 $10,49 7$ 510.19 7 MwW*and Pt4sentNicns 7.1 Pro9ros11aeetinp 1 141 1 14 $1.918 1 S1A7 72 P+asemNbns 24 SB 16 7B St$ S1 Task TOW P4 52 16 9 514, 92 $14 NN D7re.41 COStf � LSO ©i•� �� � ii•�i•ii■��