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HomeMy WebLinkAbout _ 4.2(c)--Consulting and Professional Services Agreement with Economic Development of Shasta County � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: June 17,2025 FROM: Steve Bade, Assistant City ITElVI NO. 4.2(c) Manager ***APPROVED BY*** n � t��� ; s° �r �r`1 II�C�?:� �� �p�ir�,C�i �� � 6�'1(l�'2{�?. sbade@cityofredding.org btippin@cityofredding.org SUBJECT: 4.2(c)--Consider Consulting and Professional Services Agreement with the Economic Develo ment Co oration of Shasta Count . Recommendation Authorize and approve the following: (1) Approve Consulting and Professional Services Agreement (C-2028) with the Shasta Economic Development Corporation in the annual amount of$144,900 for Fiscal Years 2025-26 and 2026-27 pending City Council approval of the City of Redding's FY 2025- 27 Biennial Budget; and (2} Authorize the Mayor to execute the Consulting and Professional Services Agreement. Fiscal Impact The annual costs for the Consulting and Professional Services Agreement (Agreement) between the City of Redding (City) and Shasta Economic Development Corporation (EDC) for each Fiscal Year (FY) 2025-26 and 2026-27 is $144,900. The agreement is conditioned upon City Council's (Council) approval of the City's FY 2025-27 Biennial Budget — as budgeted, $89,900 will be paid from the General Fund and $55,000 will be paid from the Redding Electric Utility's (REU) Economic Development Fund. The cost of the agreement is a 10-percent reduction from the 2023-25 contract with EDC in an effort to reduce the impact on the General Fund. As an aside and in addition to this agreement, $50,000 in Community Development Block Grant funding was approved through the annual 2025-26 Action Plan for the EDC's Microente�rprise Support Program. The funds wi11 provide scholarships to low and moderate-income entrepreneurs for mentoring services and inemberships to the Shasta Venture Hub. Alte�^native Action The City Council (Council) could decline to enter into an agreement with the EDC or direct staff to negotiate an agreement with the EDC for a different amount of funding and/or scope of services. Report to Redding City Council June 11,2025 Re: 4.2(c)--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 stimulate the local economy. 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 will work closely with REU� to attract and retain customers who will assist in increasing the overall system ]oad 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 lnanufacturing 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 headquarter meetings; ■ Assist the City's Redding Regional Airport (RDD) 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 RDD amenities and appeal; and ■ Work with City staff to draft a new economic development policy 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-producing businesses. Continuing this agreement will a11ow EDC to continue to provide needed services for the next couple years. The agreement has been approved as to form by the City Attorney. Report to Redding City Council June 11,2025 Re: 4.2(c)--Consulting and Professional Services Agreement with Economic Development of Shasta County Page 3 Environmental Review This is not a projeet defined under the California Environmental Quality Act, and no further action is required. Council PrioNity/City NfanageN Goals • Government of the 215� 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 Shasta EDC 2025 - 2027 (C-2028) Shasta EDC 2023-2025 Agreement (G2028) tCIT�' QF DDIlYG �ONSIJLTIN� ANLIr P�4JF"ESSIQNAL SEI2VICES �+DNT CT �'HIS C�3�T ' �CT is made by and �etween the +C'ITY OF DDING {"City"), a rnunici�al carporation5 and SHASTA ECt?1Vd71MIC DEVEL(}PMENT COl��t) TTC1N ("Consultant") for a project generally described as the ecanamic clevelopment funding agreement. WHE ` AS,the City dc�es not have staff availat�le ta perform the services required herein thereby n�cessitating this Consulting and Professional Services Contract(``Contract"). �HE AS, pursuant ta RMC §4.20.I20 the City Council, or the appropriate City'c�fficials as autharized by subsection H of this section, may autllorize the execution af a cc�ntract far supplies, services �r equipment without any previoLis puhlication or posting of n�tice inviting bids ar prr�posals when the City Coun�il or the apprapriate official finds that the contract is for personal services, including peculiar or specialized skill ar ability. WHE AS, pursuant to RMC §4.20.120, bidding is unnecessary because the Contract services acc�uired herein require peculiar ar specialized skill c�r ability. NflW, THE F� , the Farties cavenant a�nd agree, for gaod consideration hereby acknowledged,as follows: SECTI�N 1. CQT�S�(1LT��1T�ER'VICES Subject to the terrns and conditions set forth in this Contract, Consultant shall provide the services described in Exhibit A, attached and incorp�rated herein. SE�TICII�T 2, Ct`�l�IPENSATI+DN AND► IlV�BUIdSEMENT OF +C(?STS A. The City shall pay Consultant f�ar services renclered pursuant to this Contract, at the tin�es and in the manner set forth in subsection 2 C in a total amc�unt nc�t ta exceed One Hundred Forty-four Thousand and Nine Hundred Dollars{$144,900.00)for each Fiscal Year 2d25-26 and 2026-27: This sum includes all out-af-pocket travel,ladging and incidental expenses incuned by Ct�nsultant that are reasonably associated with the provisicsn of services under this Contract. The p�yments specified�ierein shall be made to the Consultant for services rendered pursuant ta this Contract. S. The Consultant shall submit monthly invoices to the City far work complet�d to the date af the invoice. All invoices shall be itemized to reflect the employees performing the requested tasks, the billing rate for each empioyee and the hours worked. 1. Hourly billing rate shall conform to the following rate structure: i. Executive/Professional Staff: $60.00 per hour ii: Suppr�rt Staff: $23.40-3�.0�per t�our iii. Rates include mandated benefits and agency operating overhead, Cansetltrng and Professtorral Serv�ces Gontract Page I C. All correct,camplete and undisputed invoices sent by Consultant tQ City shall be paid within thirt� {30)calendar days af receipt. SE�TI4JN 3. TE ' AND 'Y'E Il�ATION A. Gonsultant shall c�mrnence work on br about July l, 2025, and complete said work no later than June 30;2027. Time is of the essence. B. If Consultant fails to perform its duties t�the satisfactian af the Cit�, or if consultant £ails to fulfill in a timely and professional manner its c�bligatians under this Contract� then the City shall have the right to terminate this Contract effective immediately upon the City giving written notiee thereof to �onsultant. If terrninatian�ursuant to this subdivision is given to Consultant and a court of law later determines that the Consultant was n�at in default or the default was ex�usabl�, t1�en the natice af termination provided for in this t�rmination shall be deemed to have been given without cause pursuant to Subdivision+C of this Section. C. Either Party may terminate this CQntract withaut cause on thirty (30} calendar days' written notice. I'�c�twithstanding the preceding, if the term set forth in Sect'ran 3 A. af this Contract e�ceeds ninety(90}calendar days in duration,Consultant's sc�le right to terminate shall be limited ta termination far cause. I7. �onsultant hereby acknowledges and agrees that the abligatic�n of the City to pay und�r this Contract i� cantingent upan the availability of the City's funds which are appropriated or allocated by the City �ouncil. Shauld the fi�nding for the project andlor work set forth herein nat be appropriated ar allocated by the City Council,the City rnay terrninate this Agreement by fun�ishing at least tihirty (30} calendar days' written notic� of its intention to terminate. In the event of a termination pursuant to this subdivision, Cansultant sk�all nat be entitled ta a remedy of accelerat�on of payments due over the term of this Agreement, The Parties acknovtrledge and agree that the powerto terminate described herein is required by Article 16, Seetion 18, of the Cali�ornia Constitution, and that constitutional provision sup�rsedes any Iaw; rul�, regulatian or statute which c�nflicts with the pravisions of this S�ction. E. In the event that the City gives notice of terrnination, Cc�nsu�tant shal� promptly pravide to the City any and all finished and un�'inished reports, data, studies7 photographs, charts or other wark product prepared by Consultant pur�uant to this Contract, The City shall have full ownership,including,but not limited to,intellectual property rights, and control of a11 such finished and unfinished reports, data, studies, phc�tographs, ch�rts or other work product. F, In the �vent that the City terrninates the Contract, the City shall pay �ansultant the reasc�nable value of services rendered by Cbnsultant pursuant to this CQntract, pravided, however, that the City shall not in any manner be liable fr�r lost p�rofits which rnight have been rnade by Cvnsul-tant had Cansultant cc�mpleted the services Consaelting and Professional Services Cantruct Page 2 required by this Contract. Cc�nsultant shall,no later than t�n(10}calendar days after termination of this Contract by the City,furnish ta the City such financial infotmation as in the judgment c�f the C�ty's representative is necessary to determine the reasonable value af the services rendered by Cc�nsultant, G, In no event shall the termination or expiration of this Contract be cc�nstrued as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligationxequiied by this Contract. S�CTION 4. MI��ELLAl��O�TS TE �AI�iD�+C�l'�DITI(�N5 OF CONT C'T' A. The City shall make its facilities accessible to Consultant as required fc�r Cansultant's performance of its services under this Contract, and, upon request of Consultant, provide labc,r and safety equipment as required by Consultant for such access, B: Pursuant to the City's business Iicense ardinance, Consultant shall t�btain a City business license prior tc� commerrcing work. C. Cons�ltant repres�nts and warrants to the City that it ha� all licenses, permits, qualificatians and approvals of any nature whatsoever that are legally required for Cansultant tfl practice its profession. Cansultant represents and warrants to the City that Cansultant shall, at its sole cost and ex�ense, keep in effect ar obtain at all times during the term of this ��ntract any licenses,permits and appravals that are legally required for Consultant to practice its profession, T3. Consultant shall, during the entire term of this Cantract, be c�anstrued to be an independent contractor and nothing in this Contract is intended, nc�r shall it be construed, to create an emplc�yerlemployee relatianship, association, joint venture re�ationsl�ip, trust or partnership or to allow the City ta exercise discretian or contral over the professional manner in which Consultant performs under this Contract; provided, however,that the services tc� be provided by Consultant shall be provided in a rnanner consistent with the prafessional stiandards applicable to such services: The sole interest t�f the �ity is ta ensure that services �re rendered and performed in a competent, efficient and satisfactory manner. Consultant shall be fully responsible for payment of all taxes due to state and federal gt�vernments which would be withheld from c�mpensation if Consultant were a City employee: The City shail not be liable fc�r deductions for any amaunt for any purpose relating to Cc�nsultant's compensation: Consultant shall not be el�gible for coverag� under the City's warkers' cc�mpensatit�n insurance plan, b�nefits under the Public Employee Retirernent System c�r be eligible for any other City benefit. N� party shail be the agent of, or have a right c�r pawer to bind, the other Party without its express written c��sent: E. No provision ofthis Contract is intended to,or sha11 be for the benefit of;ar canstrued to create rights in, or grant rem�dies t�,any person or entity not a party hereto. Gonsa�ltrng ancl Professional Servzees Gontract Page 3 F. No portion of the work c�r services to be perfarmed under this Contract shall be assigned, transferred; cc�nveyed ar subcc�ntracted withatzt the priar written appraval of City, Consultant may use the services of indepen�ent cantractt�rs and subcontractars ta perform a portion of its obligations under this Contract with the priQr written apprc�val of the City, Independent cantractors and subcontractors shall be provided with a copy of this Contract and Cansultant shall have an af�rrnative duty to assure that said independent contractors and subcontractors comply with the same and agree tc� be bound by its terrns. Consultant shall be the respansible party with respect t�all actic�ns af its independent cc�ntractars and subcantractors,and shall �btain such insurance and indemnity provisions fram its contractors and subcontractors as the City's Risk Nianager shall determine ta be necessary. G. Cansulta�t, at such times and in such form as the City may require, shall furnish the City with such periodic repc�rts as it may request pertaining to the work or services undertak�n pursuant to this Contract, the costs or obligations incurred c�r to be ineurred in connection therewith, and any other matters covered by this Contract, H. Gonsultant shall maintain accounts and records, including personnel, property and financial records, adequate ta identify and account for all costs pertaining to this �ontract and �uch other recc�rds as may be deemed ne�cessary by the City to assure prc�per accounting for all project f�nds. These records shall be made available for audit purpc�ses to state and federal autharities, or any authorized representative of the City. Consultant shall retain such records for three {3} years after the expirati�n af this Cantract, unl�ss prior permission to destroy them is granted by the City. I. Ct�nsultant shall pe�form all services required pursuant to this Contract in the mann�r and accc�rding tc� the standards observed by a camp�tent practition�r of Consultant's profession, All praduct� �f whatso�ver nature which �onsultant cielivers to the City pursuant to this Contract shall be prepared in a professional manner and canform tQ the standards of quality normall� observed by a persan practicing the professian of Consultant and its agents, ernployees and subccrntractt�rs assigned tc� perfarm the services contemp�ated by this Contract. J. A11 completed reports and other'data ar dt�cuments, ar camputer media including diskettes,�nd other materials prc�vided or prepared by Consultant in accor�ance with thiS Cantract are the property of the City, and may be used by the City. The City shall have all intellectuaI property rights including,but not limited tc�, copyrig�t and patent rights, in sai� docum�nts, camput�r media, and other materials provided by Consultant. The Gity sllall release, defend, indemnify and hold harmless Cr�nsultant frr�m aIl claims, costs, expenses, damage or Iiability arising out af or resulting from the City's use or modification of any reports, data, documents, drawings, specificatzons or other work product prepared by Consultant, except far use by the City an those partions of the City's p�roject for which such items were prepared. K. Consultant, including its employees, agents, and subconsultants, shall not maintain ar acquire any direct or indirect interest that conflicts with the perfarmance of this Corrsx�lt�ng and Professroi�cr7 Services G`ontract Page� Contract. Cc�nsultant shall camply with all requirements of the Palitical R.efarm Act (Governrnent Code § 81QO et seq.) and other laws relating ta conflicts of interest, including the following. 1) Con�ultant shall not make or participate in a decision made by City if it is reasonably �oreseeable that the decision may have a material effect on Consultant's economic interest, and 2} if required by the City Attc�rney, Constiltant shall file fnancial disclosure farms with the City Clerk. SECTI�I�T 5. �I�iS�T N�E A. Unless modified in writing by the City's'Risk Manager,the Consultant shall maintain the fallt�wing noted insurance during the duration of the Contract; Covera�e Repuiretl Nc�t Required Commerc�a[General Liability X �ar�prehensive Vel�icle Liability � �Vorkers' Compensation and Employers'Liability 7� Professional�,iability(Errors and�missions) K {Place an "x„ in the aPFropriate box) B. Coverage shall be at least as broad as: 1. Insuranc� Services Offic� form nurnber CG-0001, Cammercial General Liability Insurance, in an amount not less than$1,000,000 per occurrence and $2,000;000 general aggregate for bodily injury, per�onal injury and property damage; 2. Insurance Services{?ffice form number GA-0001 (Ed. 1/87), Comprehensive A�tomobile Liability Insurance, which prc�vides for total limits c�f not less than$1,000,000 cc�mbined single limits per accident applicable to all owned, nc�n-owned and hired vehicles; 3. Statutory Workers' Compensatian required by the Labor Code of the State+�f Califc��nia and Employers` Liability Tnsurance in an amount not less than $1,400,000 per occurrence. Both the Workers' Cc�mpensation and Employers'Liability policies shall contain the insurer's waiver of subrogation in favc�r of City, its elected officials, officersg employees; agents and volunteers; 4. Prt�fessional Liability {Errors and Gmissions) Insurance, appropriate ta Consultant's professian, against loss due to error or omission or malpractice in an amount not less than $1,00O,OOQ. C. A:ny deductibles or self-insured retentions must be declared ta and approved by the City. At the option of the City, either: the insurer shall reduce or e�iminate such C"onszilting and Professronal Servtces�ontract Page"5 deductibles c�r self-insured retentions as respects the City, its e�ected officials, officers, emplt�yees, agents and valunteers; or the Consultant sha11 procure a bond guaranteeing payment of losses and related investigatians, claims administration and defense expenses. D: The General Liability shall cc�ntain c�r be endarsed to contain the following provisions: l. City, its elected officials, officers, employees, and agents are to be covered as additi�nal insured as respects liability arising out of work or operations perfc�rmed by or on behalf of Cc�nsultant; premises awned,leased or used by Consultant; or automohiles owned, leased, hired or borrowed by Con�ultant. The coverage shall cantain no special limitations on th� scope af protectic�n afforded to City, its elected �fficials, of�cers, employees, agents and volunteers. 2, The insurance covei:age of Consultant shall be primary insurance as respects City, its elected c�fficials; officers, em�loyees, agents anci volunteers; Any insurance or self-insurance maintained by City, its elected c�fficials, officers, emplc�yees, agents and val�nteers, shall be in excess of Consultant's insurance and sha11 not contribute with it, 3. Caverage shall state that the insurance c�f CQnsultant s�all apply separately to each insured against whc�m claim is made or suit is braught, except with respect to the limits o�the insurer's liability. 4. Each insurance pQlicy required by thi�Contract shall be endorsed to statie that coverage shall not be canceled except after thirty {30} calendar days' prior �vritten nc�tice has been given to City, In additian, Consu�tant agrees that it shall not reduce its cc�verage ar limits an any such palicy except after thirty (3t}) calendar days' pric�r written nc�tice has been given to City. 5. Endarsements should be provided on standard ISO forms appropriate to jab: Primary and Addifi�nal Insured endorsements must be provided and are separate from the certificate: E: Insurance is ta be placed with insurers with a current A,M. F�est's rating of na less than A-VII. F. Consultant shall designate the City of' Redding as a Certificate Halder of the insurance. Consultant shall furnish the City with certificates of insurance and original endorsements effecting the coverages required by this clause. C�rtificates and endorsements shall be furnished to: Risk Ivlanagement Department, City of Redding; 777 Cypress Avenue, Redcling, CA 96d01. The certificates and endorsem�nts for each insurance policy are tc�be signed by a persc�n authorized by the insurer to bind cr�verage on its behalf. All endorsements are to be reeeived and approved by the C'onsult�+zg crnd Prafessranal Servrces ConCract Page d City's Risk Manager prior ta the commen�ement of contracted services. City may withholtl payments to Consultant if adec�uate certificates of insurance and endc�rsements required have not been �rovided, or not been provided in a timely manner: G. The reqixirements as ta the types and limits af insurance eoverage to be maintained by Consultant as required by Sectian 5 of this Contract, and any approval of said insurance by the City, are not intended to and will not in any manner limit ar qualify the liabilities and obligatians c�ther�ise assurned by Consultant pursuant to this C�ntract, including; with�ut limitation, provisions cancerning indemnification. H. If any pc�lic�of insurance required by this�ection is a"claims made"policy,pursuant to Cocle of Givil Procedure § 342 and Government Code � 945.6, Cansultant shall lceep saicl insurance in effect for a periad af eighteen(l$}months after the terminatian of this Cantract. I. If` any dama�e, �n�luding death, personal injury t�r property damage; occurs in connection with th� performanee of fhis Cc�ntract, ConSultant �hall immediately notify the City's Risk Manager by t�l�phc�ne at (530)225-4068. No later than three (3)calendar days after the event,��nsultant shall submit a written report to the City's Risk IVlanager cantaining the following information, as applicable: 1} name and address crf injured or deceased persan{s}; 2)name and address afwitnesses; 3)nasne and address of Consultant's insurance company, and 4) a detailed description of the damage and whether any City praperty was invalved. SE+CTI�1�I 6. Il�T � �IFIC'r�T'It�N AN�? HI�LD A. L�SS A. Consistent with California Civil Code § 2782.'S, when the services to be provided under this Contract are design professional services ta be performed by � design professianal, as that term is defined under Section 27�2.8, Consultant shall, to the fullest extent permitted by law; indemnify protect, d�fend and hold harmless, City; its elected�fficials, officers,emplc�yees,and agents,and each and every one ofthem, from and against �11 actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited ta, reasanable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigatian casts, and investigatian costs} of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly; the negligence, recklessness; or willful misconduct o�Cansultant, its officers, emplr�yees c�r agents in the perfornnance af'prc�fessional services under this Contract, except when liability arises du�to the sole negligence, active negligence or miscanduct of the City. B. t�ther than in the performance t�f professional services by a design professianal, which is addressed salely by subdivision(A} af this Section; and to the fullest e�tent permitted by law, Consultant shall zndemnify protect, defend and hold harmless, City, its-elected officials, officers?emplbyees,and agents, and each and every one af` them, from and against all actians,damages, costs, liability; ciaims, lr�sses, pena�ties Gonszeltrng and Professronat Services("antract Page 7 and expenses (including, but not limited ta, reasanable attorney's fees of the City Attc�rney or legal ct�unsel retained by City, expert fees, litigation cnsts; and investigation cc�sts)of evei:y type and description to which any or all af them may be subjected by reason of the perforrnance of the services required ur�der this Contract by Consultant its afficers� empl4yees c�r agents in the performar�ce of prafessional services under this ��ntract; except when liability arises due to the sole negligence, active negligence c�r misconduct of the City. C, In the event of concurrent negligence of the Consultant and City, its�lected officials; officers; employees, and agents the liability for any and alI cl�ims for injuries or damages to persons and/or pr�perty shall be appt�rtioned under principles of comparative negligence as presented established in the State c�f California. D. The Consultant's obligation to defend� indemnify and hold harrnless shall not be �xcused because c�f the Cansultant's inability tt� evaluate Iiability. The Cansultant shall respond within thirty (34} calendar days to the tender of any claim fc�r def�nse and indemnity by the City,unl��s this time has been extended in writing by the City. If the Consultant fails ta accept or reject a tender of defense and indemnity in writing delivered to the City within thirty(30)calendar days,in addition ta any other remedy authorized by law, the City may withh�id such funds the City reasonably consic�ers necessary for its defense and indemnity until disposition has been made of the clairn ar until the Consultant accepts c�r rejects the tender of defense in writing��livered to the City, whichever occurs first. This subdivis'rc�n shall not be construed to excuse #he�rompt and cantin�ted performance €�fthe duties requir�d of Consultant herein; E: The obligatian to indemnify, pratect, defend; and hc�ld harrnless set forth in this Section applies to�11 claims and liability regardless ofwhether any insurance pc�licies are a�plicable. The pt�licy limits of said insurance pol�cies d�nat act as a limitation upon the amount of indemnification to be provided by Contractor. F: The City shall have the right ta apprave ar disa�prove the legal counseI retained by Cansultant pursuant to this Section to represent C�ty's interests. The City shall be reimb�rsed foY: all costs and attorney's fees incurred by the City in enfQrcing the obligatians set forth in this Section. �:7��i��1� /:e 1...�1�1... i..+1 11\1�.� .�..... �H 114/1l�y Y L'1�V L� �1\.l.,Y H 1��l V ......L' I FL'L'�7� A. This Contract shall be deemed to have been entered intc� in Redding, California_ A1I questions regarding the validity; interpretation or performance of any af its terms ar of any rights or obligations of the parties to this Contract shall be governed by California law; and any actic,n br�ught by either party to enforce any of the terms of this Contract shall b�filed in the Shasta County 5uperior Court. If any claim,at law or otherwise, is made by either party to this Contract, the prevailing part� shall be entitled to its costs and reasonable attorneys" fees. Go+�sultrng and Professrona!S`ervrces�ontract Page 8 B. This document, including all exhibits, cc�ntains the entire agreement between the �arties and supersedes whatever oral or written understanding each may have had priar to the executic�n �f this Contract. This Contract shall not be altered, amended or modified except by a writing signed by the City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of the City; eith�r befr�re, during or after the execution of this Cc�ntract, shall affect or mc�dify any of the tierms or conditions cantained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant tt� any additional payment whatsoever under the terms of this Cc�ntract. C. No covenant or candition to be performed by Ct�nsu�tant under this Contract can be waived except by the written consent of the City. Forbearance or indulgence by the City in any regard whatsoever shall not canstitute a waiver of the cc�venant or condition in question. Until performance by the Consultant of said covenant or conditian is camplete,the City shall be entitled ta invoke any remecty at�ailable tc�the City under this�ontract or by law or in equity despite said forbearance or indulgence. D. If any partion�f this Contract c�r the application thereofto any pers�n or circumstance ��iall be invalid or unenforceable to any extent� the remainder of this Contract shall not be affected thereby and shali be enforced to the greatest extent permitted by law. E. The headings in this Contract are inserted for cc�nvenience only and shall not constitute a part hereof. A waiver of any party af any provision c�r a breach of this Cantract must be pravided in writing, and shall not be construed as a waiver r�f any ather provision or any succeeding breach of tne sarne or any other`provisions hereirt. F. Each Party hereta declares and represents that in �ntering inta this Cantract, it has relied and is relying solely upon its own judgment, belief and knc�wledge crf the nature; extent, effect and consequence relating thereto. Each Party further �eelares and represenLs that this Cantract is made without reliance upc�n any statement or representation nt�t cantained herein of any ather Party or any representative, agent or attarney of the other Party. The Parties agree that they are aware th�t they have the right to be advised by counse�with respect tc�the negc�tiations,terrns, and c�nditions of this Contract and that the de�cision c�f whether nr not to seek the advice of counsel with respect to this Contract zs a deci�it�n which is the sale responsibility of each of the Parti�s. Accordingly, no party shall be deemed ta have been the drafter hereof, and the principle of law set forth in Ci�il Code § 1�54 that contracts are construed against�he drafter shall nat apply. G; In the event of a conflict between the term and conditions of the body of this Contract and thc�se af any exhibit or attachment hereto, the terms and conditions set fort� zn the bod�of this Cantract proper shall prevail. In the event o�a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by t�e City shall prevaii over those prepared by Consultant. SEC`I'IC}l�T 8. SUI�VIVAL Gonsuttrng and Professzo»al Services Conl��acl Page 9 The provisions 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 termination of the Contract. SECTION 9. COMPLIANCE WITH LAWS -NONDISCRIMINATION A. Consultant shall comply with all applicable laws, ordinances and codes of federal, state and local governments. B. In the performance of this Contract, Consultant shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national. origin,religious creed, sex, sexual orientation, disability, age, marital status,political affiliation, or membership or non-membership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race,colar, ancestry,national. origin,religious creed, sex, sexual orientation, disability, age, marital stat�us,political affiliation, or membership or non-membership in any organization. Such actions shall incl�ude, but not be limited to,the following: employment, upgrading, demotion or transfer,recruitment or recruitment advertising, layoff or termination,rates of pay or other forms of compensation and selection for training. SECTION 10. REPRESENTATIVES A. The City's representative for this Contract is Jason Gibilisco, Management Assistant to the City Manager, telephone number 530.225.4061 or i�;bilis�c�{cr?�ycafr�dc�ir���. All of Consultant's questions pertaining to this Contract shall be referred to the above-named person, ar to the representative's designee. B. Consultant's representative for this Contract is Rebecca Baer, President telephone number 530.224.4920 or EZ�b���� sh��ta�d�,�� . All of the City's questions pertaining to this Contract shall be referred to the above-named person. C. The representatives set forth herein shall have authority to give all notices required herein. SECTION 11. 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 other than the representatives referred to in Section 10 and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows: Consulting and Professional Services Cantr�act Page 1� �o City; To Consultant; Ja��n Gibilisca, Managernent Assistant Rebecca Baer; President to the City Manager Shasta EDC City af Redding 77? Auditorium Drive 7�7 Cypress Avenue R.edding; CA 460fl1 Redding, CA 9b001 B, Either party may change its address for the purposes of this paragraph by giving vvritten notice af such change to the other party in the manner provided in this Sectian. C. Notice shall be deemed effective up�n. 1)persanal service; 2)two calendar days after rnailing or transznission by facsimile, whichever is earlier. SEC'TIC�I�t 12. t��JT O T"�'T(�tCt31�T �T A: Each of the undersigned signatories hereby represents and warrants that they are authorized ta execute this Con€ract on behalf of the respective parties to thi�Contracts that they have fizll right, pawer and lawful authority t4 undertake all obligati�ns as provided in this Contract; and that the executi�r�, performas�.ce and delivery of this �ontract by saitl signatories has been fully authorized by all re�uisite actions on the' part of the respective parties to this Cc�ntract. B. When the Mayc�r is signatory to this Contract; the City Manager and/or ihe I�eputy City Manager having direct respansibility fc�r managing the s�rvices provided herein sha11 have autharity to execute �t�y amendment to this �c�ntract which does not increase the amount r�f compensatic�n allowable to Consultant or otherwise substantially change the nature �r sc�pe af the services provided herein. �E�TI N 13, �"�'E`�F �t�►NT �'T The date �f this Contiract shall be the date it is signed by the City. ConsarCting ancl Professian�7 Servr'ces Contract Page 11 IN WITN�SS EREQF, City and Consultant have executed this Contract on the days and year s�t forth belc�w: +�ITY t7►F REUDTIYG, A Municipal Corporation �at�d: , 2025 3ack unns,Mayor ATTE�T: APPROVED AS TO Ft� , Christian M. Curtis C��y At�orney �n�rt�n� Tr�tan �y; c�� c���� co�vsuL�rA�vT sxas�rA Eco��rnlc D�vELc�pME�� CCl () TIC1N �a�edc ��7, 2025 B : Reb�cca Baer Tax IT� l�Ia.: 94-141�2b1 Attachments: Exhibit A (Scop� �f Ser��ce�} Consultrtrg and ProfessionaLSerurces�ontract f'age 12 E IgIT A S1� Y`E F SEI�VI�ES The 2a25-27 Consulting and Prafessional 5ervices Agreement between the City af Redding and the Shasta Econamic I7evelopment Corporatian (EDC) will fund portions of the ED�s comprehensive economic development activities. This plan is created to improve prirnary industry employment in the�ity af Reddin; (City)thraugh the attraction of new industry,the expansion and retention af existing industry,and fasterin� start-ups in technalogy and primary industry. The ED� will work closely with City staff(Gity Manager's Office;Public Warles and REU)to attract and retain businesses and specifically,the EDC will work closely with REU to attract and retain custamers who will assist in increasing the overall system load factor for the electric utility. The EDG levera�es public and private sectcar funding to acc�mplish an affardable, aggressive and dynamic program. ED� u�i�►�ss Flar► �l��nent escri,�tions Co p�ny ��r�ritme�a� Develapment of a comprehensive bu$iness attraction program which focuses on the following: 1. Continue ta build an online netwark of Corporate Real Est�te VP's, Site 5electors and Commercial Realtars;that we can leverage relationships with tio find companies to market the region to. 2. Gontinue ta be active with the fallawin�prafessicrnal associations: o California Association for Loca1 Econamic i)evelapment(CALED) o Intemational Econamic Deveiqptnent Council(IEI7C) 3. Continue ta refine our target profile of eompanies whose needs aIi�n with the resources availabte in the Shasta region. 4. Conducf dir�ct campany prospectiing Visits. 5. Leverage the networks af our existing businesses to develop new prospects: 6. Work with localreal estate brokers to und�rstand ic�cal availability,needs,and off-market assets. 7. Local Marketing: In recognition that much of our lead creation comes from local connections we will continue to expand our local electronic marketing to keep the community awar� of the EDC and the awareness that this is a community project. C'ansa�lting a�ad Professional Services Contracz Page 13 Still�vv���r�usiness Park Assist the City and their contracted representative in marketing the lots ta prospective cc�mpanies,to include the followings 1. To work with City staff in suppart of their marketing flf Stiliwater Business Park: 2. Ensure that Stillwater is marketed to I�cal companies that are looking to expand: 3. To assist in the creation of necessary marketing materials 4. To make available all data bases and client lists far Stillwater praspecting. 5. To attend and assist in marketing presentations when required. 6. T�include Stillwater inforrnation in all:marketing materials when appropriate: 7. To represent the City at apprapriate canferences when requested. 8. To be available ta show or tour Stillwater when requested.To be a resource to prospects needing further infarmation on the region. To be a resource to the City during contract negotiatian and escrow: 9. To work with companies looking to expand to Stillwater Business Park as a liaison with City Staff; ensuring communication is consistent and projects are streamlined. �usin�ss et�ntion and Expansion The EDG will work to ensure the retention and expansion af existing primary industries hy maintaining or expandin;their connection with a network of resaurces;focusing an the fallawing; 1. Coordinate a menu af ser�ic�s available to existing businesses fram our Shasta Gaunty econornic partners=labor;finance;technolo;y,lacal bovernment. 2. Continue to keep in cantact with and monitor manufacturers to assess regional econamic change and identify needs: 3. Maintain retationships and leverage resources with local business;roups such as�hamber afComrnerce, Shasta Builders Exchange,Shasta Associati�n af Realtors and Shasta�ascade Wanderland Association, and Visit Reddin�: 4. Attend IEDC conferences facusin;an tapics af interest to our area,ta study what other�DC's are doing ta stay competitive in business retention and attraction. 5. Continue ta wark with V�orkforce development partners such as Smart Warkforce Resource Center; Shasta College;and others to ensure workforce pro;rams are cornmunicated tn lr�cal businesses. 6. Work with the Governor's Office of Business and Economic T3evelopment(Ga-Biz}t�ensure;programs are aligning with the needs c�f Shasta County and hetp local bus'rnesses take advantage of opportunities auailable to them. E�trepr�n�urial �velopm��� �uild the infrastructure for an'Entrepreneurial Ecosystem in our regian ta create successful manufacturing and technoto�y startups,leadin�ta job creation,by focusing on the following: 1, Continue to develop and refine a start-up development program by identifying support resources already avaitable and deveioping resources needed. 2. Identify and connect with entrepreneurs and start-ups by halding networkin;events. 3. Connecfistart-ups w'rth mentors and investors by holding pitch events. 4. Manitor and maintain cammunication with local Angel Graup. 5. Work to expand the participation—and entrepreneurial success—of startup businesses in Itedding. b. Develop and maintain start-up cammunication;program—newsletter,�`aceb6c�k 7, I�evelop a state and national start-up attractian plan to market'Shasta Gounty as entrepreneurial friendly: S. Measurement of progress—Annual event showcasing new start-ups and expansions. 9, �ontinue holding annual Redding Venture Conferences. �orr��eti�ive Vi�ali�y Maintain maximum competitiveness far our region by ensuring business has access ta the resources ta help them thrive. These resaurces include. 1,. Better"Brand"and market Redding ta help attract talent and business to the area by estabtishing Redding as a great place to liue;work;and do business. �. Gapital Resources: Maintain a pool of`financial resources such as SBA and Revolving fund financing, local banks and;entrepreneurial funds 3. Workforce I)evelopment: Insure that there is an adequate supply of skilled workers by coordinating local educationai institutions with businesses ta develop training initiatives. 4. Regulatory Assrstance: Assist campanies with all levels of government:regulatory needs b�maintaining strong relationships with state and federal governin�offices and lcacal�}urisdiction department heads: 5. Business and Tax Incentives: Monitor and rnaintain a data base o€incentives and tax rebates and ensure businesses are aware of these incentives, Work to streamline incentives in attempt ta assist in decisian rnakin;for business retention,expansic�n and attraction. b, Work cQllaboratively with Reddin�Electric Utility on marketing plans ta drive ecanomic deveIopment. 7. Technolagy: Tdentify the technolo;y infrastructure that is in place and wark tnward expanding that infrastructure to meet the needs of existing campanies in the future: 8. Special Projects: Invest'in cornmunity projects,programs and stadies that support EDC�s goals includin� working with Public and Private sectors ta brinb additional sites into production, enhancin;air servic� and assisting jurisdictians in abtaining and iPnplementing ecanamically based grants. r�irline�'ass�nger Ser�i�e �r�hancerr�ent 1. Assist the City of Redding/Redding Regional Airport staff with efforts to add airline destinations through participating in community meetings, strategic and plannrng conference calls and airline headquarter rneetings, 2: Assist the City of Redd'rng/Redding Regianal�irport with its rnarketing and pramc�tional effarts reiated to airline passenger services working with the Gity of Redding's Communication Team and the newly operated Cc�nvention and Visitors Bureau at the i�eddin�Chamber of�arnmeree: 3. Assist Redding Regianal Airpart staff with the planning, management, and executron af marketin� pursuant to the Small Community Air Service Developm�nt Plan grant in support of United to Denver. 4. Help procure Market Revenue Guarantee(MRG}funds for support afadditipnal flights ta Redding Regional Airport as necessary: 5. Work with staffto increase apportunities to imprave Airport amenities and appeaL Prioxity Praj'�cts 1. Work with Ciry Staff to draft a new economic development program with specific incentives and prcrgrams to help attract,retain,and grow our local econorny as part afthe economic development element ofthe general plan update. 2. Work with Public Worl�s to finalize and help implement the Airport Sirategic Plan and Land Use Update: 3. Work with Go-Biz to abbressively wark with offsite manufactulers and secondary farest praduct companies c�ming to the City of Redding especially how it relates to how it can hetp offset the Housing �risis in Califomia. 4. Retain inventory of industrial sites available in the City of Redding and identify owners thaf would be wilting ta sell. 5. Work to establish a brawnfield pragram for the area ta identify and help develop industrial sites. De�iverables: 1. �ity of Redding Economic Develapment Element'. 2. Brawnfields Program 3. Increased Air Service with Redding Airport. 4. Increased marketing and recruitment effort far Stillwater Business Park: 5. Greate a list af sites for commerci�l and industrial development and redevelopment. I T � „�./ ITI� I �� %% 777 Cypress Aver�ue, Redding, CA 96Q01 `� %'r PO �OX 496Q71, Redding, CA 96049-6071 � _� � � P I F� � �R Rl � ��'' �it�r�fr�ds�ir�g.�r� � SHARLENE TIPTON,CITY CLERK 530.225.4447 530.225.4463 FAX Au�ust 1�, 2023 Shasta Economic Developrnent Corporation �TTN: Todd Jones 777 Auditorium Drive Redding, CA 96001 RE: Consulting and Professional Services Contract—C-2028 Dear Todd Jones: Enclosed please find the above referenced fully executed C�nsultin� and I'rofessianal Services Contract by and between the City of Redding and Shasta Economic Development Corporatian regarding the econamic develapment funding agreement. If yau have any questions regarding this agreement, or if we car� be af assistance, please contact the Office of the City Clerk at (5�0) 225-4439. Szncerely, � � ���;.� �m��- � g„.. ,��"� Kristen McGee Management Analyst Enclosure � � Cc: Camile Woadstrom � � Steve Bade Ellen Grannis CITY OF REDDING CONSULTING AND PROFESSIONAL SER�ICES C4NTRACT THIS CONTRACT is made by and between the CITY OF REDDING ("City"}, a municipal corporation, and SHASTA ECONOMIC DEVELOPMENT C012PORATION {"Consultant") for a project generally described as the economic development funding agreement. WHEREAS,the City does nat have staff available to perform the services required herein thereby necessitating thrs Consulting and Professional Services Contract("Cantract"). WHEREAS, pursuant to RMC §4.20.120 the City Cauncil, or the apprapriate City officials as authorized by subsection H of this section, may authorize the execution of a contract for supplies, services or equipment without any previous publication or posting of notice inviting bids or propasals when the City Council or the apprapriate afficial �inds that the cantract is for personal services, ineluding peculiar or specialized skil� or ability. WHEREAS, pursuant to RMC §4.20.120, bidding is unnecessary because the Contract services acquired herein require peculiar or specialized skill or ability. NOW, TI3EREFORE, the Parties cavenant and agree, far gaod consideration hereby acknowledged, as follows: SECTION 1. CONSULTANT SERVICES Subject to the terms and conditions set forth in this Contract, Consultant shall pravide the services described in Exhibit A, attached and incorporated herein. SECTIQN 2. COMPENSATION AND REIMBURSEMENT OF COSTS A. The City sha11 pay Cansultant for services rendered pursuant to this Cantract, at the times and in the manner set forth in subsection 2 C in a total amaunt not to exceed 4ne Hundred Sixty-One Thousand and No1100 Dollars($161,000.00}for each Fiscal ITear 2023-24 and 2024-25. This sum includes all out-of-pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provisian of services under this Cantract. The payments specified herein shall be made to the Consultant for services rendered pursuant to this Contract. B. The Consultant sha11 submit monthly invoices ta the City for work completed to the date af the invoice. A11 invoices shall be itemized to reflect the employees performing the requested tasks, the billing rate for each emplayee and the hours worked. �� 1. Hourly billing rate sha11 confarm to the follawing rate structure: � i. ExecutivelProfessional Staff: $60.00 per hour � C� ii. Support Staff: $23.00-37.00 per hour � iii. Rates include mandated benefits and agency operating overhead. Consulting and Prof'essianal Serviees Contract pag�j ��"'�°� �. � �� � ��� � .� C. A11 eorrect,complete and undisputed invaices sent by Consultant to City shall be paid within thirty {30) calendar days of receipt. SECTION 3. TERM AND TERMINATION A. Consultant sha11 commence work on or about Ju1y 1, 2023, and complete said work no later than June 30, 2025. Time is af the essence. B. If Consultant fails to perform its duties to the satisfaction of the City, or if consultant fails to fu1fi11 in a timely and professional manner its obligations under this Contract, then the City sha11 have the right to terminate this Contract effective immediately upon the City giving written notice thereof to Consultant. If termination pursuant ta this subdivision is given to Consultant and a court of law later determines that the Consultant was not in default or the default was excusable, then the notice of termination provided for in this termination shall be deemed to have been given without cause pursuant to Subdivision C of this Seetion. C. Either Party may terminate this Contract without cause on thirty {30} calendar days' written notice. Notwithstanding the preceding, if the term set forth in Section 3 A. of this Contract exceeds ninety{90)calendar days in duration, Consultant's sole righfi to terminate sha11 be limited to termination for cause. D. Consultant hereby acknowledges and agrees that the obligatian of the City ta pay under this Contract is contingent upon the availability of the City's funds which are appropriated or allocated by the City Council. Should the funding for the project and/or wark set forth herein not be appropriated or allocated by the City Cauncil,the City may terminate this Agreement by furnishing at least thirty (30) calendar days' written notice of its intention to terminate. In the event of a termination pursuant to this subdivisian, Consultant sha11 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 described herein is required by Article 15, Seetion 18, of the California Constitution, and that eonstitutional provision supersedes any law, rule, regulation or statute which canflicts with the provisions of this Section. E. In the event that the City gives notice of termination, Consultant sha11 promptly provide to the City any and a11 finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Consultant pursuant to this Cantraet.The City shall have full ownership,including,but not limited to,intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product. F. In the event that the City terminates the Contract, the City shall pay Cansultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that the City sha11 not in any manner be liable for lost profits which might have been made by Consultant had Consultant campleted the services Consultzng antX Prafessional Services Contract pag�2 required by this Contract. Consultant shall, no later than ten(10) calendar days after terminatiQn of this Contract by the City,furnish ta the City such financial information as in the judgment of the City's representative is necessary to determine the reasonable value of the services rendered by Consultant. G. In no event sha11 the termination or expiration af this Contract be construed as a waiver of any right to seek remedies in 1aw, equity or otherwise for a Party's failure to perform each obligation required by this Contract. SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. The City sha11 make its facilities accessible to Consultant as required for Consultant's performance of its services under this Cantract, and, upon request of Consultant, provide labor and safety equipment as required by Consultant for such access. B. Pursuant to the City's business license ordinance, Consultant shall obtain a City business license prior to commencing work. C. Consultant represents and warrants to the City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are 1ega11y required for Consultant to practice its profession. Consultant represents and warrants to the City that Consultant sha11, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Consultant to practice its profession. D. Consultant sha11, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to cxeate an employerlemployee relationship, association, joint venture relationship, trust or partnership or to a11aw the City to exercise discretian or control over the professional manner in which Consultant performs under this Contract; pravided, however, �hat the services to be provided by Consultant shall be provided in a manner consistent with the prafessional standards applicable ta such serviees. The sale interest of the City is to ensure that services are rendered and performed in a competent, efficient and satisfactory manner. Consultant sha11 be fu11y responsible for payment of a11 taxes due to state and federal governments which would be withheld from campensation if Consultant were a City employee. The City shall not be liable far deductions far any amount for any purpose relating ta Consultant's campensation. Consultant sha11 not be eligible for caverage under the City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible far any other City benefit. No party shall be the agent of, or have a right or pawer to bind, the other Party without its express written consent. E. No provisian of this Contract is intended ta,or shall be far the benefit af,or construed to create rights in, or grant remedies to, any person or entity not a party hereto. Consult�ing and Profes.rionat Services Contrac� Page 3 F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the priar written approval af City. Consultant may use the services of independent contractars and subcontractors to perform a portion of its obliga�ions under this Con�ract with the priar written approval of the City. Independent contractors and subcontractors shall be provided with a copy af this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcantractors comply with the same and agree to be bound by its terms. Consuitant shall be the respansible party with respect to all actions of its independent contractars and subcontractors,and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as the City's Risk Manager shall determine to be necessary. G. Consultant, at such times and in such form as the City may require, shall furnish the City with such periadic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. I-�. Consultant shall maintain accaunts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Cantract and such other records as may be deemed necessary by the City to assure proper accounting for a11 project funds. These records sha11 be made available for audit purposes to state and federal authorities, or any authorized representative of the City. Consultant shall retain such records for three (3} years after the expiratian of this Contract, unless priar permissian ta destroy them is granted by the City. I. Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards abserved by a competent practitioner of Consultant's profession. All products of whatsoever nature which Consultant delivers to the City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality narmally observed by a person practicing the prafession of Consultant and its agents, employees and subcontractors assigned to perform t�e services contemplated by this Contract. J. A11 completed reports and other data or documents, or computer media including diskettes, and other materials pravided or prepared by Consultant in accordance with this Contract are the property of the City, and may be used by the City. The City sha11 have a11 intellectual property rights including, but nat limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Consultant. The City sha11 release, defend, indemnify and hold harmless Consultant from a11 claims, costs, expenses, damage ar liability arising out of or resulting from the City's use or modification of any reports, data, documents; drawings, specifications or other wark 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 nat maintain or acquire any direct or indirect interest that conflicts with the performance of this Consulting and ProfessionaZServices Contract p�g�q Contract. Consultant shall eomply with a11 requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant sha11 not make ox participate in a deeision made by City if it is reasonably foreseeable that the decision may have a material effect an Consultant's economic interest, and 2} if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk. SECTION 5. INSURANCE A. Unless modified in writing by the City's Risk Manager,the Consultant shall maintain the following nated insurance during the duration af the Contract: Covera�e Required Not Repuired Commercial General Liability X Comprehensive Vehicle Liability X Workers' Compensation and Employers' Liability X Professional Liability(Errors and Omissions) X (Place an"x" in the appropriate box) B. Caverage sha11 be at least as broad as: 1. Insurance Services Office form number C�'r-0041, Commercial General Liability Insurance, in an amount not less than$1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; 2. Insurance Services C)ffice farm number CA-0001 {Ed. 1/87), Comprehensive Automobile Liability Insurance, which pravides for total limits of not less than$1,000,000 combined single limits per accident applicable to all owned, non-awned and hired vehieles; 3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amaunt not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, a�ents and volunteers; 4. Professional Liability (Errars and 4missions) Insurance, appropriate ta Consultant's profession, against loss due to error or omission ar malpractice in an amount not less than$1,000,000. C. Any deductibles or self-insured retentions must be declared ta and approved by the City. At the aption of the City, either: the insurer sha11 reduce ar eliminate such Cansulting and Professional Serviees Contract Page 5 deductibles or self-insured retentions as respects the City, its elected officials, afficers, employees, a�ents and valunteers; or the Consultant shall proeure a band guaranteeing payment af losses and related investigations, claims administration and defense expenses. D. The General Liability shall con�ain or be endorsed to contain the following pravisions: 1. City, its elected afficials, af�cers, employees, and agents are ta be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; ar autamobiles owned, leased, hired ar borrowed by Cansultant. The coverage sha11 contain no special limitations on the scope of protection afforded to City, its elected officials, officers, emplayees, agents and volunteers. 2. The insurance coverage af Cansultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant's insurance and shall nat cantribute with it. 3. Caverage sha11 state that the insurance of Consultant shall apply separately to each insured against wham claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this Cantract shall be endarsed to state that coverage shall not be canceled except after thirty (30} calendar days' prior written notice has been given to City. In additian, Consultant agrees that it sha11 not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City. 5. Endarsements should be provided on standard ISO forms appropriate to job. Primary and Additional Insured endorsements must be provided and are separate from the certificate. E. Insurance is ta be placed with insurers with a current A.M. Best's rating of no less than A-VII. F. Consultant shall designate the City of Redding as a Certificate Halder of the insurance. Consultant shall furnish the City with certificates of insurance and ariginal endorsements effecting the coverages required by this clause. Certificates and endorsements sha11 be furnished to: Risk Management Department, City of Redding, ?77 Cypress Avenue, Redding, CA 96001. The certificates and endarsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Consulting and Professzonal Services Contract Page b City's Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates af insurance and endorsements required have nat been pravided, or not been provided in a timely manner. G. The reauirements as to the types and limits of insurance coverage ta be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by the City, are not intended to and wi11 not in any manner limit ar qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation,provisions concerning indemnification. H. If any palicy of insurance required by this Section is a"claims made"policy,pursuant to Code of Civi1 Pracedure § 342 and Government Code § 945.6, Consultant shall keep said insurance in effeet for a period of eighteen(18)months after the termination of this Contract. I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Consultant shall immediately notify the City's Risk Manager by telephone at (530) 225-4068, No later than three (3)calendar days after the event, Consultant sha11 submit a written report to the City's Risk Manager containing the following information, as applicable: 1) name and address of injured or deceased person(s}; 2)name and address of witnesses; 3)name and address of Consultant's insuranee company; and 4) a detailed deseription of the damage and whether any City property was involved. SECTION 6. INDEMNIFICATION AND HOLD HARMLESS A. Consistent with California Civil Code § 2782.8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782.8, Consultant shall, to the fullest extent permitted by 1aw, indemnify proteet, defend and hold harmless, Gity, its elected officials, officers, employees, and agents,and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or 1ega1 counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, ar willful misconduct of Consultant, its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. B. t?ther than in the perfarmance of professional services by a design professional, which is addressed solely by subdivision{A) of this Section, and ta the fullest extent permitted by law, Consultant shall indemnify pratect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all aetions, damages, costs, liability, claims, losses, penalties Consu7tzng and Professianal Services Cantract Page 7 and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or 1ega1 counsel retained by City, expert fees, litigation costs, and investigation costs} of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the perfarmance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. C. In the event of concurrent negligence of the Consultant and City, its elected officials, officers, emplayees, and agents �he liability for any and all claims far injuries or damages to persons and/or property sha11 be apportianed under principles of comparative negligence as presented established in the State of California. D. The Consultant's obliga�ion to defend, indemnify and hold harmless sha11 not be excused because af the Consu�tant's inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to accept ar reject a tender of defense and indemnity in writing delivered to the City within thirty{30)calendar days,in addition to any other remedy authorized by law, the City may withhald such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts ar rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision sha11 not be construed to excuse the prampt and continued performance af 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 polieies da not act as a limitation upon the amount of indemnification ta be provided by Contractor. F. The City shall have the right to approve or disapprove the 1ega1 counsel retained by Consultant pursuant to this Section to represent City's interests. The City sha11 be reimbursed for a11 costs and attorney's fees incurred by the City in enforcing the obligations set forth in this Section. SECTION 7. CONTRACT INTERPRETATIt�N,VENUE AND ATTORNEY FEES A. This Contract shall be deemed ta have been entered into in Redding, California. A11 questions regarding the validity, interpretation or performance of any af its terms or of any rights or obligations af the parties to this Contract shall be governed by California law, and any action brought by either party to enforce any of the terms of this Contract shall be filed in the Shasta County Superior Court. If any claim,at law or otherwise, is made by either party to this Contract, the prevailing party sha11 be entitled to its casts and reasonable attorneys' fees. Cansulting ttnd Professionat 3ervices Cotztract Page 8 �. This document, ineluding all e�ibits, 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 or conversation with any official, afficer, agent or employee of the City, either before,during or after the execution af this Contract, shall affect or madify any of the terms or conditions contained in this Contract, nor sha11 any such verbal agreement or conversation entitle Consultant ta any additianal payment whatsaever under the terms of this Contract. C. No cavenant or condition ta be perfarmed by Consultant under this Contract can be waived except by the written consent of the City. Forbearance or indulgence by thje City in any regard whatsoever shall not constitute a waiver of the covenant ar condition in question. Until performance by the Consultant of said cavenant or condition 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 induigence. D. If any partion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder af this Contract sha11 not be affected thereby and shall be enforced to the greatest extent permitted by Iaw. E. The headings in this Contract are inserted far convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be pravided in writing, and shall not be construed as a waiver of any other pravision or any succeeding breach of the same or any other provisians herein. F. Each Party hereto declares and represents that in entering inta this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereta. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attarney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negatiatians, terms, and conditions of this Cantract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of 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 Code § 1 b54 that contracts are construed against the drafter shall nat apply. G. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereta, the terms and canditions set forth in the bady of this Contract proper shall prevail. In the event of a conflict between the terms and conditians of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant. SECTION 8. SUR�IVAL Can.ndttng ttnd Professianal Serviees Cantract Page 9 The provisions 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 termination of the Contract. SECTION 9. COMPLIANCE WIT�I LAWS -1VONDISCRIMINATION A. Consultant shall comply with all applicable laws, ordinances and cades of federal, state and local governments. B. In the performance of this Contract, Consultant sha11 not discriminate against any employee or applicant for employment because of race, calar, ancestry, natianal origin, religious creed, sex, sexual orientation,disability, a�e,marital status,political affiliation, or membership or non-membership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race,colar,ancestry,national origin,religious creed, sex, sexual orientation, disability, age,marital status,political affiliatian, or membership or nan-membership in any organization. Such actiQns shall include, but not be limited to,the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination,rates of pay or other forms of compensation and selectian for training. SECTION 10. REPRESENTATIVES A. The City's representative for this Contract is Steve Bade, Deputy City Manager, telephone number 530.245.7129 or sbad� ,cit��freddir�-.��r�. A11 of Consultant's c�uestions pertaining to this Cantract sha�1 be referred to the above-named person, or to the representative's designee. B. Cansultant's representative for this Contract is Todd Janes, President telephone number 530.224.4920 or�'c�dd c,sh�sta�d�,s�r�. All of the City's questions pertaining to this Contract sha11 be referred to the above-named person. C. The representatives set forth herein shall have authority to give all notices required herein. SECTION 11. NOTICES A. All notices,requests, demands and other communicatians hereunder sha11 be deemed given only if in writing signed by an authorized representative of the sender(may be other than the representatives referred to in Section 1 Q and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a caurier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows: Consul6ing and PrafessPonal Services Cantracf Page 10 To City: To Consultant: Steve Bade, Assistant City Manager Todd Janes, President City of Redding Shasta EDC 777 Cypress Avenue '777 Auditorium Drive Redding, CA 96001 Redding, CA 96001 B. Either party may change its address for the purposes af this paragraph by giving written notice of such change to the other party in the manner provided in this Section. C. Notice shall be deemed effective upon. 1}personal service;2)two calendar days after mailing or transmission by facsimile, whichever is earlier. SECTION 12. AUTH�RITY TO CONTRACT A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authori�y to undertake all obligatians as pravided in this Contract, and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part af the respective parties to this Contract. B. When the Mayor is signatory to this Contract, the City Manager andlor the Deputy City Manager having direct responsibility for managing the services provided herein sha11 have authority to execute any amendment to this Contract which does nat increase the amaunt of compensation allowable to Consultant or otherwise substantially change the nature or scope of the services provided herein. SECTION 13. DATE OF CQNTRACT The date of this Cantract sha11 be the date it is signed by the City. Consztlting and Professioruzl Services Contract Pttge I1 IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and year set forth below: CITI' OF REDDING, A Municipal Corparation �.- �,,.�� � �� � < �� Dated: aUc �14 , 2023 ,� �j �,.�'' �,,��.... �.-�...M. MI�HAEL DA � UISTO, Mayor ATTEST: APPROVED AS TO FORM: BARRY E. I3eWALT City Attorney �- -� �� � ,� � � `li� � ' "� � ��,., �r � � � � �� � � � �,�` � ,��� SHARLENE TIPTON $y; � City Clerk C'ONSULTANT SHASTA ECONOMIC DEVELOPMENT CORPORATION w,,rt: ���� Dated: July_, 2023 �` �����" � By: TOD JONES Tax ID No.: 94-1�17261 Attachments: Exhibit A (Scope of Services} Conszrlting and Professional Services Contract Page 12 EXHIBIT A SCOPE C}F SERVICES The 2023-25 Consulting and Professional Services Agreement between the City of Redding and tne Shasta Economic Develapment Corporation (EDC) will fund portions af the EDCs comprehensive economic development activities. This plan is created ta imprave primary industry emplayment in the City of Redding (City) through the attraction of new industry, the expansion and retention of existing industry,and fostering start-ups in technalogy and primary industry.The EDC will work closely with City staff (City Manager's Office, Public Works and REU} to attract and retain businesses and specifically, the EDC will work closely with REU to attract and retain customers wha 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. EDC Business Plan Element Descriptions Company Recruitment Development of a comprehensive business attractian pragram which focuses an the following: 1. Continue to build an online network of Corporate Real Estate VP's, Site Selectors and Commercial Realtors,that we can leverage relationships with ta find companies to market the region to. 2. Continue to be active with the following prafessianal associations: o Innovating Commerce Supporting Communities(ICSC) o Califarnia Association for Local Economic Development(CALED} 0 9nternational Economic Developmerrt Council (IEDC) 3. Continue to refine our target profile of campanies whose needs align with the resaurces 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 local real estate brokers ta understand local availability, needs, and aff-market assets. 7. Lacal Marketing: In recagnitian that mucn of our lead creation comes from local connections we will continue to expand our local electronic marketing to keep the community aware of the EDC and the awareness that this is a community project. Stillwater Business Park Assist the City and their contracted representative in marketing the lots to prospective campanies, to include the following: 1. To work with City staff in suppart of their marketing of Stillwater Business Park. 2. Ensure tnat Stiliwater is marketed to local companies that are looking to expand. 3. To assist in the creation of necessary marketing materials 4. To make available all data bases and client lists for Stillwater prospecting. 5. Ta attend and assist in marketing presentations when required. 6. To include Stillwater information in all marketing materials when appropriate. 7. To represent the City at appropriate conferences when requested. 8. To be available to show or tour Stiliwater when requested. To be a resource to prospects needing further information on the region. To be a resource to the City during cantract negatiation and escrow. 9. To work with companies looking ta expand to Stillwater Business Park as a liaisan with City Staff, ensuring communication is consistent and projects are streamlined. Business Retentian and Expansion The EDC will work ta ensure the retention and expansion of existing primary industries by maintaining or expanding their connectian with a network of resaurces, focusing on the following: 1. Coordinate a menu of services available to existing businesses from our Shasta County economic partners—labor,finance,technology, local gavernment. 2. Continue to keep in cantact with and monitor manufacturers to assess regional ecanomic change and identify needs. 3. Maintain relatianships and leverage resources with local business graups such as Chamber of Commerce, Shasta Builders Exchange, Shasta Association of Realtars and Shasta Cascade Wonderland Association, and Visit Redding. A�. Attend IEDC conferences focusing on tapics of interest ta our area, to study what other EDCs are doing to stay competitive in business retentian and attraction. 5. Continue to work with Warkforce development partners such as Smart Workforce Resaurce Center, Shasta College, and athers to ensure workforce programs are cammunicated to local businesses. 6. Work with the Governor's Office of Business and Ecanomie Development (Go-Biz) to ensure programs are aligning with the needs of Shasta Caunty and help local businesses take advantage of opportunities available to them. Entrepreneurial Development Build the infrastructure for an Entrepreneurial Ecosystem in our region ta create successful manufacturing and technology startups, leading ta job creation, by focusing on the following: 1. Continue to develop and refine a start-up development program by identifying suppart resaurces already available and developing resources needed. 2. Recruit remote warkers as a way to grow tech industry recruitment. 3. Identify and connect with entrepreneurs and start-ups by holding netwarking events. 4. Connect start-ups with mentors and investors by holding pitch events. 5. Monitar and maintain communication with locai Angel Group. 6. Work to expand the participation—and entrepreneurial success—of startup businesses in the Shasta Venture Hub. 7. Develop and maintain start-up communication program—newsletter, Facebook 8. Develop a state and national start-up attraction plan ta market Shasta County as entrepreneur and remote worker friendly. 9. Measurement of progress—Annual event showcasing new start-ups and expansions. 1Q. Continue halding annual Redding Venture Conferences. Competitive Vitality Maintain maximum competitiveness for aur regian by ensuring b�asiness has access to the resources to help them thrive. These resources include: 1. Better "Brand" and market Redding to help attract talent and business ta the area by establishing Redding as a great place to live, work, and do business. 2. Capital Resources: Maintain a pool of financial resources such as SBA and Revolving fund financing, local banks and entrepreneurial funds 3. Workfarce Development: Insure that there is an adequate supply af skilled warkers by coordinating local educational institutions with businesses to develop training initiatives. 4. Regulatory Assistance: Assist companies with all levels of gavernment regulatory needs by maintaining strong relatianships with state and federal governing offices and local jurisdiction department heads. 5. Business and Tax Incentives: Monitor and maintain a data base of incentives and tax rebates and ensure businesses are aware af these incentives.Work to streamline incentives in attempt to assist in decisian making for business retention, expansian and attraction. 6. Work collaboratively with Redding Electric Utility on marketing plans to drive economic development. 7. Technalagy: Identify the technology 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, programs and studies that suppart EDC's goals including working with Public and Private sectors to bring additional sites into praduction, enhancing air service and assisting jurisdictions in obtaining and implementing ecanomically based grants. Airline Passenger Service Enhancement 1. Assist the City of Redding/Redding Municipal Airport staff with efforts to add airline destinations through participating in community meetings, strategic and planning conference calls and airline headquarter meetings. 2. Assist the City of ReddingjRedding Municipal Airport with its marketing and pramotional efforts related to airline passenger services working with the City of Redding's Communication Team and the newly operated Convention and Visitors Bureau at the 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 af United to Denver. 4. Heip procure Market Revenue Guarantee (fv1RG} funds for the Redding to Denver flight or other flights as necessary. 5. Work with staff ta increase apportunities to improve Airport amenities and appeal. Priority Projects 1. Work with City Staff to draft a new econamic develapment program with specific incentives and programs ta help attract,retain,and graw our lacal economy as part of the economic development element of the general plan update. 2. Work with Public Works ta finalize and help implement the Airport Strategic Plan and Land Use Update. 3. Support development of braadband in the City of Redding. Track the addition of new City of Redding internet services in ail cityjurisdictions,as well as the activities af any other broadband company planning to deploy higher speed networks in Redding. Assist with marketing those enhance capabilities as part of our Business Recruitment, Retention and Expansion activities. 4. Assess and target the apportunity to bring more back-office and professional services to the City of Redding. 5. Work with Go-Biz to aggressively work with offsite manufacturers and secandary forest product companies coming ta the City of Redding especially how it relates to how it can help offset the Housing Crisis in California. &. Retain inventory af industrial sites available in the City af Redding and identify owners that would be willing to sell. 7. Work to establish a brownfield pragram for the area to identify and help develop industrial sites. Deliverables: 1. City of Redding Econam'rc Development Element. 2. Brownfields Program 3. Increased Air Service with Redding Airport 4. Retail Recruitment Program