HomeMy WebLinkAbout _ 9.2(b)--Consulting and Professional Services Agreement with Economic Development of Shasta County GI �" Y � F
� � � ° � � � " � � CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: August l, 2023 FROM: Steve Bade, Assistant City
ITEM NO. 9.2(b) Manager
***APPROVED BY***
� .
��� ��n.w� .� s.N,.��
�, �����
t�ue a e; ss � �r 7f?1/2023 ry ip}�in,Ci ana � 71?,412423
sbade@cityofredding.org btippin@cityofredding.org
SUBJECT: 9.2(b)--Consider Consulting and Professional Services Agreement with the
Economic Develo ment Co oration of Shasta County.
Recommendation
Approve a Consulting and Professional Services Agreement (C-2028) with the Economic
Development Corporation of Shasta County in the annual amount of$161,000 for Fiscal Years
2023-24 and 2024-25; and authorize the Mayor to execute the Agreement.
Fiscal Impact
The annual costs for the Consulting and Professional Services Agreement (Agreement) between
the City of Redding (City) and Economic Development Corporation of Shasta County (EDC) for
each Fiscal Year (FY) 2023-24 and 2024-25 is $161,000. As approved in the City's FY 2023-25
Biennial Budget, $106,000 wi11 be paid from the General Fund and$55,000 will be paid from the
Redding Electric Utility's (REU) Economic Development Fund.
As a side note, $50,000 in Community Development Block Grant funding was approved through
the annual 2023-24 Action Plan for the EDC's Microenterprise Support Program. The funds will
provide scholarships to low and moderate-income entrepreneurs for mentoring services and
memberships to the Shasta Venture Hub.
Alternative Actzon
The City Council (Council) could direct staff to negotiate an agreement with the EDC for a
different amount of funding or Scope of Services. Additionally, the Council could decline to
enter into an agreement with the EDC.
Report to Redding City Council July 24, 2023
Re: 9.2(b)--Consulting and Professional Services Agreement with Economic Development of
Shasta County Page 2
Background/Analysis
The EDC has historically played a key role in business retention and expansion and the
recruitment of new business and industry, including air service, in the Redding area. Although a
significant part of that recruitment has revolved around Stillwater Business Park, the EDC has
worked to facilitate the development of businesses in the region, wherever possible, in an effort
to sti�nulate the local econolny.
Under an agreement with the EDC, the City helps fund portions of the EDC's comprehensive
economic development activities. The plan is created to improve primary industry employment
in Redding through the attraction of new manufacturers, the expansion and retention of existing
industry, and fostering start-ups in technology and other sectors. The EDC wi11 work closely with
REU to attract and retain customers who will assist in increasing the overall system load factor
for the Electric Utility. The EDC leverages public and private sector funding to accomplish an
affordable, aggressive and dynamic program. A full Scope of Services under the terms of this
contract is attached. Overall, the EDC will:
■ Continue implementation of a comprehensive business attraction program that focuses on
building an online network of professionals that leverages relationships with companies
to market Redding and the Shasta County region.
■ Assist the City to market, show, and provide information about Stillwater Business Park.
The EDC would continue to represent the City at conferences and trade shows when
requested.
■ Maintain a comprehensive and wide-ranging business expansion and retention program,
helping to coordinate the variety of services available to businesses, including global
trade opportunities.
■ Build the infrastructure for an Entrepreneurial Ecosystem in the region to create
successful manufacturing and technology startups leading to job creation.
■ Provide access to vital business resources including capital resources, workforce
development, regulatory assistance, business and tax incentives, and technology.
■ Assist the City with efforts to add airline destinations through participation in community
meetings, strategic and planning conference calls, and airline headguarter meetings.
■ Assist the City's Redding Regional Airport with its marketing and promotional efforts
related to airline passenger service by working with the City's Communication Team and
the Convention and Visitors Bureau at the Redding Chamber of Commerce.
■ Work with staff to increase opportunities to improve Airport amenities and appeal.
■ Work with City staff to draft a new economic development program with specific incentives
and programs to help attract, retain, and grow our local economy as part of the Economic
Development Element of the General Plan update.
The City and EDC have had a long and beneficial relationship. Economic development is critical
to Redding and the region, and the EDC has played an important part in attracting and retaining
important job-produeing businesses. Continuing this agreement will allow EDC to continue to
provide needed services in the coming year.
The agreement has been approved as to form by the City Attorney.
Report to Redding City Council July 24, 2023
Re: 9.2(b)--Consulting and Professional Services Agreement with Economic Development of
Shasta County Page 3
EnviNonmental Review
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Council Priority/City Manager Goals
� Government of the 215t Century — `Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today."
• Economic Development - "Facilitate and become a catalyst for economic development
in Redding to create jobs, retain current businesses and attract new ones, and encourage
investment in the community"
Attachments
C-2028 Shasta EDC 2023-2025 Agreement
CITY QF REDDING
CONSULTING AND PROFESSIONAL SERVICES CONTRACT
THIS CONT CT is made by and between the CITY 4F DI}ING ("City99), a municipal
corporation, and SHASTA ECQN4MIC DEVELOPMENT CO (} TIC1N ("Consultant")
for a project generally described as the ecanomic development funding agreement,
WHE AS,the City does not have staff available to perform the services required herein thereby
necessitating this Consulting and Professianal Services Cc�ntract(46Cantract99).
WHE AS, pursuant to RMC §4.20.120 the City Council, or the appropriate City officials as
authorized by subsection H af this section, may authorize the execution af a contract for supplies;
services or equipment without any previous publication or posting of notice inviting bids or
proposals when the City Council or the appropriate official finds that the contract is for personal
services, including peculiar or specialized skill or ability.
W�IE AS, pursuant ta RMC §4.20,120, bidding is unnecessary because the Contract services
acquired herein require peculiar Qr speciaiized ski11 or ability.
NOW, THE FCl , the Parties covenant and agree, for gaod consideration hereby
acknowledged, as follows;
SEGTIC}N 1. CONSULTANT SERVICES
Subject to the terms and conditions set forth in this Contract, Consultant shall provide the
s�rvices described in Exhibit A, attached and incc�rporated herein.
SECTION 2. C�MPENSATIQN AND IMBURSEMENT QF CGSTS
A, The City shall pay Cansultant far services rendered pursuant to this Contract, at the
times and in the manner set forth in subsection 2 C in a total amount not to exceed
One Hundred Sixty-0ne Thousand and No/100 Dollars($161,000.�0)for each Fiscal
Year 2023-24 and 2424=25. This sum includes all out-of-pocket travel, lodging and
incidental expenses incurred by Consultant that are reasonably assaciated with the
pravision of services under this Contract. The payments specified herein shall be
made to the Consultant for services rendered pursuant to this Cantract,
B: The Consultant shall submit monthly�nvoices ta the City for work completed to the
date of the invaice: All invaices shall be itemized to reflect the emplayees
performing the requested tasks, the billing rate for each employee and the haurs
warked.
1. Hourly billing rate shall conform to the follawing rate structure:
i: Executive/Professional Staff: $6Q.00 per hour
ii. Support Staff: �23.00-37.00 per hour
iii. Rates include mandated benefits and agency operating overhead.
Consulling andPrafesszonal Services GontracC , pag�1
C. All correct,camplete andundisputed invoices sent by Consultant ta City shall be paid
within thirty(30) calendar days of receipt.
SECTION 3, TE AND TE INATION
A. Consultant shall commence wark an or about July 1, 2023, and complete said work
no later than June 3Q,2025. Time is of the essence.
B. If Consultant fai�s ta perform its duties ta the satisfactian of fihe City, or i�consultant
fails to fulfill in a timely and professional manner its t�bligations under this Contract,
then the City shall have the right to terminate this Contract effective iznmediately
upon the�ity giving written natice thereof to Consultant. If termination pursuant to
this subdivisian is gzven ta Consultant and a court af law later determines that the
Consultant was not in default or the default was ;excusable, then the natice of
termination provided far in this tertnination shall be deemed to have been given
without cause pursuant to Subdivisian C of this Section.
C. Either Party may terminate this Contract without cause on thirty (30} calendar days'
written notice. Natwithstanding the preceding; if the term set forth in 5ectian 3 A.
of this Contract exceeds ninety{90)calendar days in duration, Consultant's sole right
to terminate sha11 be limited to termination for cause.
D. Consultant hereby acknowledges and agrees that the obligation of the City ta pay
under this Contract is contingent upon the availability of the City's funds which are
appropriated ar allocated by the City C�uncil. Should the funding for the projeet
and/c�r work set forkh herein not be apprapriated ar allocated by t�ie City Council,the
City may terminate this Agreement by furnishing at least thirty (30) calendar days'
written notice of its intention ta terminate. In the event of a tcrmination pursuant to
this subdivisian, Consultant shall not be entitled to a remedy of acceleration of
payments due over the term of this Agreement. The Parties acknawledge and agree
that the power to terminate describ�d herein is required by Article 16, Section 18, of
the Califarnia Constitution, and that canstitutional provision supersedes any law,
rule, regulation or statute which conflicts with the provisions of this Section.
E. In the event that the City gives notice of termination, Cansultant sha11 promptly
provide to the City any and all finished and unfinished reports, data, studies,
photographs, charts or other wc�rk product prepared by Consultant pursuant to this
Contract.The City sha11 have full ownersh�p,including,but nat limited to;intellectual
praperty rights, and control af all such finished and unfinished reparts, data, studies,
phatographs, charts or other work product.
F. In the event that the City terminates the Cantract, the City shall pay Cansultant the
reasonable value of services rendered by Consultant pur5uant to this Contractx
provided, however, that the City shall not in any manner be liable for lost profits
which might have been made by Consultant had Consultant completed the services
Cansulting and;Prpfessional.Se+vices Ci�nlraet pQ�e 2
required by this Contract. Consultant shall,no later than ten(10)calendar days after
termination of this Contract by the City,furnish ta the City such financial informatian
as in the judgment of the City's representative is necessary to determine the
reasonable value af the services rendered by Consultant:
G. In no event shall the termination or expiration of this Contracti be construed as a
waiver of any right tQ seek remedies in law, equity or atherwise far a Party's failure
to perform each obligatian required by this Contract.
SECTION 4. MISCELLANEOUS TE S AND CONDITIQNS (�F CONT CT
A. The City shall make its facilities acc�ssible to Consultant as required for Consultant's
perfarmance of its services under this Cantract, and, upon request of Consultant,
provide labor and safety equiprnent as required by Cansultant for such access.
B. Pursuant to the City's business license ordinance, Consultan.t shall abtain a City
business license prior to commencing work.
C. Consultant represents and warrants to the City that it has all licenses, permits;
qualificatians and approvals of any nature whatsoever that are legally required for
Cansultant to practice its profession. Consultant represents and warrants to the City
that Consultant sha11, at its sole cost and expense; keep in effect ar obtain at all times
during the term of this Cantract any licenses, permrts and approvals that are legally
required for Consultant to practice its professian.
D. Consultant shall, during the entire terrn of this Contract, be construed to be an
independent contractor and nothing in this Contract is intended, nor shall it be
canstrued, to create an employer/employee relationship, association, �oint venture
relatianship,trust or partnership ar to allow the City to exercise discretion or control
over the professional manner in which Cansultant performs under this Contract?
provided, however, that the services to be provided by Cansultant shall be provided
in a manner consistent with the professronal standards applicable to such services.
The sole interest of the City is ta ensure that services are rendered and perforrned in
a competent, efficlent and satisfactory manner. Consultant shall be fully responsible
far payment of all taxes due ta state and federal governments which would be
withheld from compensation if Consultant were a City employee. The City shall not
be liabl� for deductions for any amount for any purpose relating to Consultant's
cc�mpensation. Consultant sha11 nat be eligible far coverage under the Gity's
workers' compensation insurance plan, benefits under the Public Employee
Retir�ment System or be elxgible far any other City benefit. No party shall be the
agent af, or have a right or power to bind, the other Party without its express written
consent.
E. No provision ofthis Contract is intended to,or shall be for the benefit of,or construed
ta create rights in, or grant remedies to, any person or entity not a party hereto.
Gonsulting and Professaonal Services Gantract Page 3
F. No partion af the work or services to be performed uz�d�r this Contract shall be
assigned,transferred, conveyed or subcontracted without the prior written approval
of City. Consultant may use the services of independent contractors and
subcantractors to perform a portion of its c�bligations under this Contract with the
prior written approval of the City. Independent contractors and subcontraetors shall
be provided with a copy of this Contract and Consultant shall have an affirmative
duty ta assure that said independent contractors and subcontractors camply with the
same and agree to b� bound by its terms. Consultant shall be the responsible party
with respeCt to all actians of its independent contractors and subcontractors, and shall
obtain such insurance and indemnzty provisions from its contractors and
subcontractors as the Ciiy's Rislc Manager shall determine to be necessary.
G: Consultant, at such times and in such farm as the City may require, shall furnish the
City with such periodic reparts as it rnay request pertaining to the work or services
undertaken pursuant to this Contract, the costs or Qblzgations incurred or to be
incurred in connection therewith, and any other matters cavered by this Contract.
H. Cansultant shall rnaintain accounts and records, including personnel, property and
financral records, adequate to identify and account for all costs pertaining to this
Contract and such other records as may be deemed neeessary by the City to assure
proper accounting far a11 pre�ject funds. These records sha11 be made available for
audit purpases to state and federal authorities, or any authorized representative of the
City. Consultant shall retain such records for three (3) years after the expiratic�n of
this Contract, unless priox permission to destroy them is granted by the City;
I. Consultant shall perform all services required pursuant to this Contract in the manner
and accarding to the standards observed by a competent practitioner of Consultant's
profession. A11 products of whatsaever nature which Consultant delivers to the City
pursuant to this Gontract shall be prepared in a professional manner and conform to
the standards of quality normally observed by a pexson practicing the profession of
Consultant and its agents; employees and subcontractars assigned to perform the
services contemplated by this Contract.
J. A11 completed reports and other data or documents, or camputer media including
diskettes, and other materials provided or prepared by Cansultant in accordance with
this Contract are the praperty af the City; and may be used by the City. The City
shall have all intellectual prc�perty rights ineluding, but not limited ta, copyright and
patent rights, in said documents, eomputer media, and other materials provided by
Consultant. The City shall release, defend, indemnify and hold harmless Consultant
from all claims, costs, expenses, damage or liability arrsing out of or resulting from
the City's use or madification of any reparts, data, documents, drawings,
specificatioms or other work product prepared by Consultant, except for use by the
City on those portions af the City's project for which such items were prepared.
K. Consultant, including its employees; agents, and subconsultants, shall not mainta�n
or acquire any direct or indirect interest that conflicts with the performance of this
Consulting and Professianal Services Gontract p�gg¢
Contract. Consultant shall comply with a11 requirements of the Political Reform Act
(Government Code § 8100 et seq.} and ather laws relating to conflicts of interest,
including the fallawing: 1) Consultant shall not make or participate in a decisian
made by City if it 1s reasonably foreseeable that the decisian may have a material
effect on Consultant's economic interest, and 2) if required by the City Attorney,
Consultant shall file financial disclosure forms with the City Clerk.
SECTIQN S. INSU NCE
A. Unless mc�dified in writing by the City's Risk Manager,the Consultant shall maintain
the following noted insurance during the duratian of the Contract:
Covera�e Required Not Required
Cammercial General Liabrlity �
Comprehensive Vehicle Liability X
Workers' Campensation and Emp,loyers' Liabil�ty X
Prafessional Liability(Errors and Omissions} X
(Place an"x" in the appropriate box�
B. Coverage shall be at least as broad as:
1. Insurance Services Office form number CG-0Q01, Corzunercial General
Liability Insurance,in an amount not less than$'1 SV VO9000 per occurrence and
$2,004,QQ0 general aggregate for badily injury, personal injury and property
damage;
2. Insurance Services Offic�form nurnber CA-OOQl (Ed, l/87), Gomprehensive
Automr�bile Liability Insurance, which provides for total limits Qf not less
than$1;0OO,OQQ comb�ned single limits per accident applicable ta all owned,
non-owned and hired vehicles;
3. Statutory Workers' Compensation required by the Labor Code of the State of
California and Employers' Liability Insurance in an arnount not less than
$1,000,000 per accurrence. Bath the Warkers' Campensation and
Employers"Liability palicies shall contazn the insurer's waiver of subrogation
in favor of City, its elected officials, officers, em.playees, agents and
volunteers;
4. Professional Liability (Errors and ()missions) Insurance, appropriate to
Consultant's profession, against lass due to errc�r or omission ar malpractice
in an amaunt not less than$1,000,000:
C. Any deductibles or self-insured retentions must be declared to and approved by the
City. At the optian of the City, either: the insurer shall reduce ar eliminate such
Consulting and Professional Ser-uices Condract Fage 5
deductibles ar self-insured retentians as respects the City, its elected afficials,
officers, empIoyees, agents and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigatlons, claims administration and
defense expenses.
D. The General Liability shall contain or be endorsed ta eantain the following
provisions:
1. City,its elected afficials, officers, employees;and agents are ta be covered as
additional insured as respects liabili�y arising out of work or operations
perfarrned by or on behalf of Consultant; premises owned, leased or used by
Consultant; or automobiles owned, leased, hired or borrowed by Consultant.
The coverage shall contain na special limitations on the scope af proteetion
afford�d ta City, its elected officials, afficers, employees, agents and
volunteers.
2. The insurance coverage of Consultant shall be primary insurance as respects
City, its elected officials, officers, employees, agents and volunteers. Any
insurance or self-insurance ma�ntained by City; its elected officials, officers,
employees, agents and volunteers, shall be in excess of Consultant's
insurance and shall not contribute with it.
3. Goverage shall state that the insurance of Consultant shall apply separately to
each insured against wham claim xs made ar suit is brQught, except with
respect to the limits of the insurer°s liability:
4. Each insurance palicy required by this Contract shall be endorsed to state that
caverage sha11 not be canceled except after thirty (30) calendar days` priar
written notice has been giVen ta City. In addition, Consultant agrees that it
shall not reduce �ts cavera�e or limits on any such policy ex�ept after thirty
{3Qj calendar days' prior written notice has been given to City.
5. Endorsements should be provided on standard IS0 forrns appropriate to job.
Primary and Additional Insured endorsements must be provided and are
separate from the certificate.
E. Insurance �s to be placed with insurers with a current A.M. Best's rating of no less
than A-VII.
F. Consultant shall desagnate the City of Redding as a Certificate Holder of the
insurance. Consultant shall furnish the City with certificates t�f insurance anti original
endorsem�nts effecting the coverages �equired by this clause. Certificates and
endorsements shall be furnished ta: Risk Management Department, City of R.edding,
777 Cypress Avenue, Redding, CA 96001. The certificates and endarsements for
each insurance policy are to be signed by a persan autharized by the insurer to bind
caverage an its behalf. A11 endorsements ar� to be received and approved by the
Consulting and Professional5'ervices Gontract Page G
City's Risk Manager prior to the cammencement of contraeted servzces. City may
withhald payments to Consultant if adequate certificates af insurance and
endorsements required have not been prov�ded, or not been provxded in a timely
manner.
G: The �equirements as to the types and limits af insurance coverage to be maintained
by Consultant as required by 5ection S of this Contract, and any appraval of said
insurance by the City,are not intended to and will nat in any manner limit or qualify
the liabilities and abTigations otherwise assurned by Consultant pursuant to this
Contract; including, without limitatian, provisions concerning indemnification.
H. If any policy af insurance required by this Sectic�n is a"claim s m�de"palicy,pursuant
to Code af Civil Procedure § 342 and Gavernment Code § 945.6, Consultant shall
keep said insurance in effect for a periad of eighteen(�8)months after the termination
af this Contract.
I. If any damage, including death, personal injury ar property darnage, occurs in
cannection with the performance of this Contract; Consultant shali immediately
notify the City's Rislc Manager by t�lephone at{530) 225-4068. No later than three
(3)calendar days after the event, Consultant shall submit a written report to the City's
Risk Manager cantalning tke fallawing information, as applicable: 1) nam� and
address af injured or deceased person(s);2)name and address of witnesses; 3}name
and address af Consultant's insurance company; and 4) a detailed description of the
damage and whether any City property was invalved.
SECTION 6. INDEMNIFICATION AND HOLD HA ' LESS
A. Consistent with California Civil Code § 27$2.8, when the services to be pravided
under this Contract are des�gn professional servi�e� to be performed by a design
professional, as that term is defined under Section 2782.8, Consultant shall, to the
iullest extent perinitted by law, xndemnify protect, defend and hold harmless, City,
its elected officials, officers, employees;and agents,and each and every one of them,
from and against all actians, damages; costs, liability, claims, losses, penalties and
expenses (including, but nat limited to, reasonable attarney's fees of the City
Attorney or legal counsel retained by City, expert fees, litigatic�n costs, and
investigation costs) af every type and description to which any or all of them may be
subjected by reason of, or resulting fram, directiy or indirectly, the negligence;
recklessness, or willful misc�onduct of Consultant, its affic�rs; employees ar agents
in the performance of professzonal services under this Contract, except when lxability
arises due to the sole negligence, active neglxgcnce ar misconduct of the City.
B. 4ther than in the performance of professianal services by a design professianal,
which is addressed solely by subdivision(A) of this Section, and to the fullest extent
permitted by law, Consultant shall indemnify protect, defend and hold harmiess,
City, it� elected officials, afficers,employees, and agents, and each and every one of
them, from and against all actions, damages, costs, liability, claims, losses,penalties
Cnnsu[ting and ProfessianaC Services Gontract pQ�e 7
and expenses (including, but not limited to, reasonable attomey's fees of the City
Attorney or legal counsel r�tained by City, expert fees, litigation costs, and
investigation costs) of every type and description to which any or all Qf them may be
subjected by reasan of the perfarmance of the serviees required under this Contract
by Consultant its officers, employees or agents in the performance af professional
services und�r this Contract, except �h�n Iiability arises due to the sole negligence�
active negligenee ar misconduct af the City,
C: In the event of concurrent negligence of the Consultant and City, its elected officials,
officers, employees, and agents the liability for any and all clairns for injuries or
damages to persans and/or property shall be apportioned under principles af
comparative negligence as presented established in the State of California,
D. The Consultant's obligation ta defend, indemnify and hold harmless shall not be
excused because of the Consultant's inability to evaluate liability. The Consultant
shall respand within thirty (30) calendar days to the tender of any claim far defense
and indemnity by the City, unless this time has been extended in writing by the City.
ifthe Consultant fails to accept or rejeet a tender of defense and indemn.ity in writing
delivered to the City within thirty(30}calendar days,in addition to any other remedy
authorized by law, the City may withhold such fiinds the City reasonably considers
necessary for its defense and indernnity until disposition has been made of the claim
ar until the Consultant accepts or rejects the tender of defense in writing delivered to
the City, whichever occurs first. This subdivision shall not be canstrued to excuse
the prompt and continued performance of the duties required of Consultant herein.
E. The obligation to indemnify; protect, defend, and hold harmless set forth in this
Section applies to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits of said insurance policies do not act as a limitatian
up�n the amaunt of indemnification to be provided by Contraetar.
F. The City shall have the right to approve ar disapprove the legal counsel retained by
Consultant pursuant to this Section ta represent City's interests. T�e City shall be
reimbursed for all costs and attorney's fees incurred by the City in enforcing the
obligations set forth in this Section.
SECTIQN '7. CQNT CT INTE TATI(}N,VENUE AND ATTO EY FEES
A. This Contract shall be deemed to have been entered inta in Redding, California. All
questians regarding the validity, interpretation or performance of any of its terms or
of any rights or obligations of the parties to this Contraet shall be gaverned by
California law, and any action brought by either party to enforce any af the terms af
this Cantract shall be filed in the Shasta County Superior Court. If any claim, at la�u
ar otherwise, is made by either party t� this Contract, the prevailing party shall be
entitled to its costs and reasonable attomeys' fees.
Gonsultrng and Professional Services Cor2tract p�ge g
B. This document, ineluding all exhibits, contains the entire agreement between the
parties and supersedes whatever oral or written understanding each may have had
prior to the execution of this Contract: This Contract shall not be altered, amended
or modified except by a writing signed by the City and Consultant. No verbal
agreement ar canversatian with any official, officer, ageni or employee of the City,
either before, during ar after the executian ofthis Contract, shall affect or rnodify any
af the terms ar conditions contained in this Contract, nor shall any such verbal
agreement or conversation entitle Consultant ta any additional payment whatsoever
under the terms of this�ontract.
C. No covenant or conditian to be performed by Consultant under this Contract can be
waived except by the written cansent of the Cit�. Forbeara�ce or indulgence by thje
City in any regard whatsoever shall nat constitute a Waiver of the covenant or
condition in question. Until performance by the Consultant of said covenant ar
conditian is complete;the City shall be entitled to invoke any remedy available to-the
City under this Contract or by law or in equity despite said forbearance or indulgence.
D. If any portion af this Cantract or the application thereof to any person ar circumstance
shall be invalid ar unenfc�rceable to any extent, the remainder of this Contract shall
not be affected thereby and sha11 be enforced to the greatest extent permitted by law.
E> The headings in this Contract are inserted for convenience only and shall not
eonstitute a part hereof. A waiver of any party of any provlsion ar a breach of this
Contract must be proVided in writing, and shall not be construed as a waiver of any
c�ther provision or any succeeding breach of the same ar any o�her provisions herein.
F. Each Party hereto declares and represents that in entering into this Contract, it has
relied and is relying solely upon its own judgment, belief and knowledge of the
nature, extent; effect and eonsequence relating thereto. Each Party further declares
and represents that this Cantract is rnade without reliance upan any statement or
representation not cantained herein of any ather Party or any representative; agent ar
attarney of the other Partq. The Parties agree that they are aware that they have the
right to be advised by counsel withxespect to the negatiations9 terms, and conditions
af this Cantract and that the decisian of whether or not to seelc the advice of caunsel
with respect to this Contract is a decisian which is the sale responsibiiity af each of
the Parties. Accordingly, no party shall be deemed to have been the drafter hereof;
and the principle of law set forth in Civil Cade § 1654 that contracts �re construed
against the drafter sha11 not apply,
G, In the event of a conflict between the term and canditions of the bady of this Contract
and those of any exhibit or attachment hereto, the terms and canditions set forth in
the bady c�f this Contract proper shall prevail, In the event of a canflict between the
terms and conditions of any twa or more exhibits or attachments hereto, those
prepared by the City sha11 prevail over those prepared by Consultant.
SECTION 8, SURVIVAL
Gonsultrngpnd Professional Servzees Contract pQ�e g
The provisians set forth in Sections 3.E., 3.F:, 4.E,, 4.H., 4.J:, 5, 6, 7.A., 7.B., 7.D., and
7.G. of this Contract shall survive terminatian af the Cantract.
SECTION 9. CQMPLIANCE WIT�I LAWS -NONDISC MINATION
A. Consultant shall comply with all applicable laws, ardrnances and codes of federal,
state and lc�cal gavernments:
B; In the performance of this Contract, Consultant shali nat discriminate again�t any
employee ar applicant for employment because of race, color, ancestry, national
origin,xeligious creed,sex, sexual orientation,disability, age,marital status,political
affiliation, or membership or nan-mernbership in any organization. Consultant shall
take affirmativ� action ta ensure applicants are employed and that employees are
treated during their employment without regard to their race, color, ancestry,national
arigin,religious creed, sex,sexual orientation,disability, age,marital status,political
affiliation, or membership ar non-membership in any organization. Such actions
shall include,but not be limited to,the following: employment, upgrading, demotion
or transfer;recruitment or recruitment advertising, layoff c�r termination,rates of pay
or ather farms of cotnpensation and selectian for training.
SECTIQN 10. P SElYTATIVES
A. The City's representative for this Contract is 5teve Bade, Deputy City Manager,
telephane number 530:245.7129 ar sbacie(�7a,city_�freddin�.Qrg. All of Consultant's
questions pertaining to this C�ntract shall be referred to the above-named person,or
to the representative's designee.
B. Consultant's representative for this Contract is Tadd Janes, President telephane
number 530.224.4920 or Todd(c�shastaedc.org. All of the City's questions pertazning
ta this Contract shall be referred to the above-named persan,
C. The representatives set forth herein shall have authority ta give ali natices required
herein.
SECTIQN 1 L NOTICES
A. All notices,requests, demands and other communications hereunder shall be deemed
given only if in writing signed by an authorized representative of the sender{may be
� ather than the representatives referred ta in Sectian 10 and delivered by facsimile,
with a hard copy mailed first class, pastage prepaid;or when sent by a caurier or an
express service guaranteeing overnight deliv�ry to the receiving party, addressed ta
the respective parties as fallows:
Gonsuliing andProfessionaP Services Contract Page 70
To City: To Consultant.
Steve Bade;Assistant City Manager Todd Jones, President
City of Redding Shasta EDC
777 Cypr�ss Avenue 777 Auditarium Drive
Redding, CA 96001 Redding, CA 96001
B. Either party may change its address for the purpases of thrs paragraph by giving
written notice af such change to the ather party in the manner provided in this Section.
C. Notice shall be deemed effective upon: l)personal service;2)two calendar days after
mailing or transmission by facsimile, whichever is earlier.
SECTION 12. AUTHO TY TQ CfINT CT
A. Each of the undersigned signatories hereby represents and warrants that they are
authorized ta execute this Cantract an behalf of the respective parties to this Contract;
that they have fu11 right, pawer and lawful authority ta undertake all obligations as
pravided in this Corntract; and that the execution, perforrnance and delivery of this
Contract by said signatories has been fully authorized by a11 requisite actions on the
part ofthe respective parties to this Contracf,
B. When the Mayor is signatory to this Contract, the City Manager and/or the Deputy
City Manager having direct responsibility for managing the services provided herein
shall hav� autharity to execute any amendment to this Contract which does not
increase the amount of campensation allowable ta Consultant or otherwise
substantially change the nature or scope of the services provided herein.
SECTIQN 13, DATE OF C4NT CT'
The date of this Contract shall be the date it is signed by the City.
Consuleing and Professrona!Services Contract Fage 11
IN WITNESS WHEREOF, City and Consuitant have executed this Contract an the days
and year set forth below:
CITY QF REDDIN+G,
A unicipal Carparatian
Dated: July,, 2023
MICHAEL DACQITISTO,Mayor
ATTEST: APFROVED AS TO FO :
BARRY E. DeWALT
City Attarney
PAMELA MIZE By;
City Clerk
CQN5ULT T
SHASTA ECONt?MIC DEVELOPll�IENT
Ct� O TIQN
r°° ��.,�_-
Dated: July_, 2023
By: T(JDD JONES
Tax ID No.: 94-1417261
Attachments:
Exhibit A (5cape af Serv�ces)
Conszrlting and Professronttl Servzces Gontrace Page 12
�xHiBi-r A
SC PE F SERVICES
The2023-25 Consulting and ArofessiQnal Services Agreement between the City of Redding and the
Shasta Economic Development Corporation (EDC)will fund portions af the EDCs comprehensive
ecanamic development activities, This pBan is created to improve primary industry employment
in the City of Redding(City) through the attraction of new industry, the expansion and retention
of existing industry, and fostering start-ups in technolagy and primary industry.The EbC wrill work
closely with City staff (City Manager's C?ffice, Public Works and REU) ta attraet and retain
businesses and specifically, the EQC will work closely with REU to attract and r�tain customers
who will assist in increasing the overall system load factor for the electric utility.
The EDC leverages public and private sector funding to aceompfish an affordable, aggressive and
dynamic program.
EDC Business Plan Element Descri�tions
Campany Recruitment
Development of a comprehensive business attraction program which focuses on the foflawing:
1. Continue to build an online network of Corporate Real Estate VP's, Site Selectc�rs and
Commercial Realtors,thatwe can leverage relationships with to find campanies to marketthe
region to.
2. Continue tc� be active with the following prafessianal associations;
o Innovating Commeree Supporting Communities(ICSC}
a California Assaciatian for Local Ecanomic Develapment(CALED)
o International Economie Develapment Council jIEDC)
3. Cantinue to refiine our target prafile of campanies whose needs align with the resources
available in the Shasta region.
4. Conduct direct company prospecting visits.
5. Leverage the networks of our existing businesses ta develap new prospects.
6. Work with lacal real estate brakers to understand local availab'iiity, needs, and aff-market
assets.
7. Local Marketing: In recognition that much af our lead creation comes from local connectians
we will continue to expand our focai electranic marketing ta keep the community aware of
the EDC and the awareness that this is a community project:
Stillwater Business Park
Assist the City and their cantracted representative in marketing the lots ta prospective companies,
to include the following:
1: To work with Gity staff in support af their marketing of Stillwater Business Park.
2. Ensure that Stillwater is marketed to local companies fhat are looking ta expand.
3. To assist in the creation of necessary marketing materials
�. To make available all data bases and client lists for Stillwater prt�specting.
5. To attend and assist in marketing presentations when required.
6. To include Stillwater information in al1 marketing materials when appropriate.
7. To represent the City at apprapriate conferences when requ�sted.
S: To be available ta show or taur Stillwater when requested. To be a resource to praspects
needing further infarmation on the region. To be a resource to the City during cantract
negotiation and escrow.
9. To wc�rk vuith companies lookin� to expand to Stillwater Business Park as a liaisan with Gity
Staff, ensuring communication is cansistent and projects are streamlined.
Business Retentian and Expansion
The EDC will work to ensure the retentwon and expansian af existing primary industries by
maintaining or expanding their connectiarr with a netvuork of resources,facusing an the following;
1. Coardinate a menu of services available to existing businesses from aur Shasta Caunty
economic-partners—labor,finanee,technology, lacal government.
2. Continue ta keep in cantact with and manitor manufacturers to assess regional econornic
change and idenfify needs.
3, Maintain relationships and leverage resources with local business groups such as Chamber of
Commerce, Shasta Builders Exchange, Shasta Association af Realtors and Shasta Cascade
Wonderland Association, and Visit Redding.
4. Attend IEDC conferences focusing on topics af interest to our area,to study what other EDC's
are doing to stay campetitive in business retention and attraction.
5. CQntinue ta work with Workforce development partners such as Smart Workfarce Resouree
Center, Shasta College, and other�to ensuce warkforce pragrams are communicated to local
businesses.
6. We�rk with the Governor's Office of Business and Eeonomic Development (Gt�-Biz� to ensure
programs are aligning with the needs of Shasta County and help locaf businesses take
advantage of opp�artunities available to them,
Entrepreneurial Development
Build the infrastructure for �n Entrepreneurial Ecosystem in our region to create successful
manufacturing and technalogy startups, leading ta job cceatian, by#ocusing an the following:
1. Cantinue to develop and refine a start-up develapment program by identifying support
resources alre�dy available and developing resources needed.
2. Recruit remote workers as a way to grow tech industry recruitment.
3. Identify and connect with entrepreneurs and start-ups by halding networking events.
4. Ccannectstart-ups with mentars and investQrs by holding pitch events.
5. Monitar and maintain communication with local Angel Group.
6. Wark ta expand the participation—and entrepreneurial success—of startup businesses in the
Shasta Venture Hub.
7. Develop and maintain start-up cammunication program—newsletter, Faceboak
8. Develop a state and national start-up-attraction plan to market Shasta County as entrepreneur
and remote worker friendly.
9, Measurement of progress—Annual event showcasing new start-ups and expansians.
10. Cantinue holding annual Redding Venture Conferences.
Campetitive Vitality
Maintain maximum competitiveness for our region by ensuring business has access to the resources
to help them thrive. These resources include:
1. Better "Brarrd" and market Redding tQ help attract tafent and business ta the area by
estabiishing Redding as a great place to live,work, and do business.
2. Capital Resources: Maintain a poc�l of financial resources such as SBA and Revolving fund
financing, local banks and entrepreneurial funds
3. Workfarce Develapment: Insure that there is an adequate suppty of skilled workers by
coordinating local educational institutions with businesses ta develop training initiatives.
4. R�gul�tory Assistance: Assist companies with all levels of government regulatc�ry needs by
maintaining strong relationships with state and federal governing offices and local jurisdiction
departm�nt heads.
5. Busin�ss and Tax Incentives: Monitar and maintain a data base af incentives and tax rebates
and ensure business�s are aware of these incentives:Work to streamline incentives in attempt
ta assist in decision making for business retention, expansian and attraction.
6. Work collaboratively with Redding Electric Utility an marketing plans to drive economic
development.
7, Technalogys Identify the techncalogy infrastructure that is in place and work toward expanding
that infrastructure to meet the needs of existing companies in the future. .
8. Special Projects: Invest in community projects, pragrams and studies that support EdC's gaals
including working with Public and Private sectors to bring additional sites inta productian,
enhancing air service and assisting jurisdictions in o'btaining and implementing ecanomically
based grants.
Airline Passenger Service Enhancement
1, Assist the City of Redding/Redding Municipal Airp4rt staff with efforts to add airiine
destinations through participating in cor�nmunity meetings, strategic and planning conference
calls and airline headquarter meeting�.
2, Assist the City of aedding/Redding MunicipalAirport with its marketing and promotionaf efforts
related to airline passenger services working with fhe City af Redding's Communicatian Tearn
and the newly operated Conventian and Visitors Bureau atthe Redding Chamber of Commerce.
3. Assist Redding Municipal Airport staff with the planning, management, and execution of
marketing pursuant to the Small Community Air Service Development Plan grant in support of
United to Denver.
4. Help procure Market Revenue Guarantee (MRG) funds for the Redding ta Denuer flight or other
flights as necessary.
5. Work with staff to increase opportunifies ta imprave Airport amenities and appeal.
Pric�rity Projects
1, Work with Gity Staff ta draft a new economic deveiopment pragram with specific incentives and
programs to help attract,retain,and grow our local econamy as part of the econamic develc�pment
element of thegeneral plan update:
2. Work with Public Works ta finalize and help implement the Airport Strategic Plan and Land Use
Update.
3. 5uppart development of broadband in the City of Redding. Track the addition of new City af
Redding internetservices in all cityjurisdictians,as well astfie activities of any ather broadband
campany;planning to deplay higher speed netwarks in Redding, Assist with marketing those
enhance capabilifies as part of our Business Recruitment, Retention and Expansian activities.
4. Assess and target the appartunity to bring more back-office and professional services to the
City of Redding.
5; Work with Go-Biz to aggressively wark with offsite manufacturers and secandary forest
praduct companies cc�ming to the City of Redding especially how it relates to how it can help
offset the Housing Crisis in California.
6. Retain inventory of industrial sites available in the City of Redding and identify owners that
would be willing to sell.
7. Work to estabfish a brownfield prQgram for the area to identify and heip deveiop industrial
sites.
DeliverabJes:
1: City af Redding Econamic Development Element.
2. Brownfields Program
3, Increased Air Service with Redding Airport
4. Retail Recruitment Program