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HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 09CCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of September 6, 2023 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2023- 4200. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. C. Consider Award of Agreement to PFM Group Consulting, LLC for Development of an Economic Development Strategic Plan; and Consider Resolution Amending the Fiscal Year 2023/24 Budget to Appropriate $102,265 from the General Fund to the Economic Development Fund. Staff Recommendation: 1) Award Agreement to PFM Group Consulting, LLC; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager and City Attorney, for the development of the City of Moorpark’s four-year Economic Development Strategic Plan; and 2) Adopt Resolution No. 2023-4200, amending the Fiscal Year 2023/24 budget by allocating $102,265 from the General Fund (1000) to fully fund the project. (Staff: Carlene Saxton, Community Development Director) (ROLL CALL VOTE REQUIRED) Item: 9.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: John Bandek, Economic Development Manager DATE: 09/06/2023 Regular Meeting SUBJECT: Consider Award of Agreement to PFM Group Consulting, LLC for Development of an Economic Development Strategic Plan; and Consider Resolution Amending the Fiscal Year 2023/24 Budget to Appropriate $102,265 from the General Fund to the Economic Development Fund BACKGROUND The development of a comprehensive Economic Development Strategic Plan (EDSP) has emerged as a key initiative for the City of Moorpark. This initiative is in line with both previous and current City Council Goals, as well as the priorities set forth in General Plan 2050. The development of the EDSP is driven by the feedback and vision of Moorpark’s residents and visitors and will serve as a strategic roadmap aimed at bolstering business growth, attracting investments, and fostering a resilient economic ecosystem. On May 1, 2023, the City’s Economic Development Division released a Request for Proposals (RFP) soliciting proposals for the development of the City’s first-ever EDSP. The RFP’s Scope of Work entails a thorough Economic Conditions Analysis, which includes a Psychographic Study, as well as a Market and Industry Cluster Analysis to identify visitor behaviors and competitive factors. In addition to these studies, the scope emphasizes substantial public outreach, ensuring that community input is integral to the process and plays a pivotal role in shaping the EDSP’s recommendations. The EDSP will identify specific short- and long-term actions for various Economic Development-related initiatives, including business attraction and retention. Implementation tools, including a timeline, and assessment metrics will be provided to guide project execution. Throughout the process, collaboration with key stakeholders, including City Council, staff, and community members, will be facilitated through meetings Item: 9.C. 49 Honorable City Council 09/06/2023 Regular Meeting Page 2 and workshops. This will help identify and cultivate key focus areas, establish goals, define purpose, and outline objectives for the subsequent four years. The deadline for submitting proposals was June 2, 2023. A total of six proposals were received in response to the RFP, listed in alphabetical order as depicted below: •DADCO Consulting •Kosmont Companies •Newmark Group •PFM Group Consulting, LLC (PFM) •Regional Government Services •The Research Associates To facilitate the selection process, a selection panel was formed to conduct a thorough evaluation of each proposal. The selection panel included Community and Economic Development Committee (CEDC) members Councilmember Daniel Groff, Councilmember Tom Means, and Community Development Director, Carlene Saxton, along with City staff, including Assistant City Manager, PJ Gagajena, and Economic Development Manager, John Bandek. The selection panel’s assessment criteria evaluated each firm’s understanding of the scope of work and quality of the proposal, past performance with similar projects, their approach to accomplishing tasks within the scope of work, and the proposed schedules. On June 21, 2023, the selection panel convened at the CEDC Meeting to evaluate and select the top proposals for advancement to the interview phase of this RFP. During the meeting, the selection panel recommended three firms to advance. DISCUSSION After conducting in-depth interviews, the selection panel unanimously selected PFM’s proposal to move forward into agreement negotiations. The panel was particularly impressed by PFM’s demonstrated expertise, strategic approach, and understanding of Moorpark’s distinctive economic landscape. A noteworthy dimension of PFM’s proposal lies in their involvement in shaping the City of Ventura’s Economic Development Strategy. This positions the firm to leverage valuable insights, strategies, and familiarity with the region’s specific needs and conditions. Firm Amount PFM Group Consulting, LLC Services $115,695 The agreement value for PFM’s proposal stands at $115,695, and the full proposal can be found in Exhibit C of the Agreement (Attachment 1). A comprehensive breakdown of the agreement value is also available in the Draft Professional Services Agreement. 50 Honorable City Council 09/06/2023 Regular Meeting Page 3 While the initial RFP did not indicate specific data acquisition methodologies, the selection process and subsequent interviews introduced a useful technological tool to the selection panel’s attention – Placer.ai. Placer.ai is an AI-driven analytics platform that analyzes resident and visitor consumer spending behaviors. The platform provides a comprehensive suite of location analytics, including insights into visit trends, trade areas, demographics, income distribution, and preferred shopping destinations. In light of this, the City is requiring PFM to use Placer.ai as part of their data analysis. The firm has revised its proposal to include a comprehensive Placer.ai analysis, which will include 18 hours of thorough analysis by skilled staff. The Placer.ai analysis will be an additional cost of $5,000, which is reflected in the total project cost of $115,695. The selection panel expressed interest in obtaining access for at least one user to Placer.ai at PFM’s expense; however, upon discussion with Placer.ai and the consultant, Placer.ai has noted that this option is not feasible due to permissions regulations. Upon execution of the contract, PFM will provide consulting services for the development of an Economic Development Strategic Plan, following the scope of work outlined in the Professional Services Agreement. Staff recommends the City Council award a Professional Services Agreement to PFM for the development of an Economic Development Strategic Plan. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT The agreement value of this project is $115,695, as stated in the Draft Agreement (Attachment 1), plus a 10-percent contingency of $11,570, for a total agreement value of $127,265. Fiscal Year 2023/24 included a $25,000 budget for Economic Development Strategic Plan services; therefore, a budget amendment is being requested in the amount of $102,265 from the unassigned balance of General Fund (1000) to fully fund the project. The General Fund is budgeted with an unassigned fund balance of $300,928 for Fiscal Year 2023/24. Use of $102,265 will leave $198,663 in unassigned fund balance amount for the remainder of the fiscal year. COUNCIL GOAL COMPLIANCE This action is consistent with City Council Goal 2, Economic Development, Objective 2.1: “Economic Development Strategy.” 51 Honorable City Council 09/06/2023 Regular Meeting Page 4 STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Award Agreement to PFM Group Consulting, LLC; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Manager and City Attorney, for the development of the City of Moorpark’s four-year Economic Development Strategic Plan; and 2. Adopt Resolution No. 2023-____, amending the Fiscal Year 2023/24 budget by allocating $102,265 from the General Fund (1000) to fully fund the project. Attachment 1: Draft Agreement Attachment 2: Draft Resolution No. 2023-____ 52 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND PFM GROUP CONSULTING LLC, FOR ECONOMIC DEVELOPMENT STRATEGY THIS AGREEMENT, made and effective as of _______________, between the City of Moorpark, a municipal corporation (“City”) and PFM Group Consulting LLC, a Delaware limited liability company (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for Economic Development Strategic Plan Development Services; and WHEREAS, Consultant specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, Consultant has submitted to City a Proposal dated June 2, 2023, which is attached hereto as Exhibit C. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of this Agreement shall be from the date of execution to the completion of the work, unless this Agreement is terminated or suspended pursuant to this Agreement. 2. SCOPE OF SERVICES City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide Economic Development Strategic Plan Development Services, as set forth in Exhibit C. In the event there is a conflict between the provisions of Exhibit C and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibit C. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C. Compensation for the services to be performed by Consultant shall be in accordance with Exhibit D. Compensation shall not exceed the rates or total contract value of one hundred fifteen thousand six hundred ninety-five dollars ($115,695), as stated in Exhibit D, plus a 10 percent contingency of eleven thousand five hundred seventy ($11,570), for a total contract value of one hundred twenty-seven thousand two hundred sixty-five dollars ($127,265), without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. ATTACHMENT 1 53 PFM Group Consulting, LLC Page 2 of 16 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of their ability, experience, standard of care, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Consultant’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be PFM Group Consulting LLC President and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT Taxpayer ID or Social Security numbers must be provided by Consultant on an IRS W-9 form before payments may be made by City to Consultant. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit D, based upon actual time spent on the above tasks. This amount shall not exceed one hundred twenty-seven thousand two hundred sixty-five dollars ($127,265), which includes a 10 percent contingency of eleven thousand five hundred seventy ($11,570) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Consultant’s fees or expenses, City shall give written notice to Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice. 54 PFM Group Consulting, LLC Page 3 of 16 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Consultant may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event this Agreement is terminated or suspended pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination or suspension, provided that the work performed is of value to the City. Upon termination or suspension of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to this Agreement. 7. DEFAULT OF CONSULTANT The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. If the City Manager or his/her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have thirty (30) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES There are no liquidated damages under this Agreement. 9. OWNERSHIP OF DOCUMENTS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate 55 PFM Group Consulting, LLC Page 4 of 16 records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or the City’s designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension without cause of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Indemnity for professional liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Indemnity for other than professional liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor, or any 56 PFM Group Consulting, LLC Page 5 of 16 other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 11. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers or employees, or agents of the City except as set forth in this Agreement. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations, including but not limited to the 57 PFM Group Consulting, LLC Page 6 of 16 Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550, when applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. Should the Scope of Services include work that is considered a public work to which prevailing wages apply, the public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Consultant agrees to comply with and be bound by all applicable terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Consultant shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 14. ANTI DISCRIMINATION Neither the Consultant, nor any subconsultant under the Consultant, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Consultant shall have responsibility for compliance with this Section. 15. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Consultant, or any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services 58 PFM Group Consulting, LLC Page 7 of 16 during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement. 17. CONFLICT OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To: Consultant: PFM Group Consulting LLC 1735 Market Street 42nd Floor Philadelphia, PA 19103 Attention: Managing Director Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 59 PFM Group Consulting, LLC Page 8 of 16 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Consultant's legal entity, the Consultant shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Consultant shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Consultant understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. COST RECOVERY In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including attorneys’ fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 24. ENTIRE AGREEMENT This Agreement and the Exhibits attached hereto contain the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 60 PFM Group Consulting, LLC Page 9 of 16 25. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. 26. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 27. PRECEDENCE In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Consultant’s Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of obligations hereunder. 31. INFORMATION TO BE FURNISHED TO CONSULTANT All information, data, reports, and records in the possession of City or any third party necessary for carrying out any services to be performed under this Agreement (“Data”) shall be furnished to Consultant. Consultant may rely on the Data in connection with its provision of the services under this Agreement and the provider thereof shall remain solely responsible for the adequacy, accuracy or completeness of such Data. 61 PFM Group Consulting, LLC Page 10 of 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK PFM GROUP CONSULTING LLC __________________________________ __________________________________ Troy Brown, City Manager Michael Nadol, Managing Director Attest: __________________________________ Ky Spangler, City Clerk 62 PFM Group Consulting, LLC Page 11 of 16 Exhibit A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. 63 PFM Group Consulting, LLC Page 12 of 16 Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Consultant, subconsultants, or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and the City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 and CG 2037 with edition acceptable to the City. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right to subrogation prior to a loss. Consultant agrees to waive subrogation rights against the City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or 64 PFM Group Consulting, LLC Page 13 of 16 reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to city at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, the City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by the City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the City of any cancellation or reduction of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to the City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer, or other entity or person in any way involved in the performance of Work contemplated by this Agreement to self-insure its obligations to the City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time, the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 65 PFM Group Consulting, LLC Page 14 of 16 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 66 PFM Group Consulting, LLC Page 15 of 16 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. The City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City. 67 Exhibit B CITY OF MOORPARK Scope of Work Requirement for Professional Services Agreements Compliance with California Government Code Section 7550 Consultant shall sign and include this page in any document or written reports prepared by Consultant for the City of Moorpark (City) to which California Government Code Section 7550 (Government Code § 7550) applies. Government Code §7550 reads: “(a) Any document or written report prepared for or under the direction of a state or local agency, that is prepared in whole or in part by nonemployees of the agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of the document or written report; if the total cost for the work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of the document or written report. (b) When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports.” For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed and completed copy of this form must be attached to all documents or completed reports submitted to the City pursuant to the Scope of Work. Does the dollar value of this Professional Services Agreement exceed $5,000? × Yes  No If yes, then the following information must be provided in compliance with Government Code § 7550: 1. Dollar amount of Agreement/Contract: $ 115,695 2. Dollar amount of Subcontract: $ 0 3. Does the total contract amount represent compensation for multiple documents or written reports? × Yes  No I have read the foregoing Code section and will comply with Government Code §7550. __________________________________ ______________________ PFM Consulting Group President Date 68 PFM | Moorpark Economic Development Strategy August 2, 2023 City of Moorpark PFM Group Consulting LLC Four-Year Economic Development Strategy Primary Office Local Office 1735 Market Street 555 West 5th Street 42nd Floor Suite 3500 Philadelphia, PA 19103 Los Angeles, CA 90013 Exhibit C PROPOSAL 69 PFM | Moorpark Economic Development Strategy Table of Contents 2. Understanding of Requirements ..................................................................................................................... 1 3. Company Background & Expertise ................................................................................................................. 3 4. Project Staffing & Organization ....................................................................................................................... 5 5. Project Work Plan & Schedule ...................................................................................................................... 10 Appendix A: Professional Services Agreement - Requested Modifications ...................................................... 20 Appendix B: PFM II, LLC Consolidated Financial Statements .......................................................................... 21 Appendix C: Ventura Economic Development Strategy Project Plan ................................................................. 0 Appendix D: Acknowledgment of Addenda ......................................................................................................... 1 70 PFM | Moorpark Economic Development Strategy 2. Understanding of Requirements Since its incorporation in 1983, the City of Moorpark has established itself as a well-managed community that provides a high quality of life to its residents. In growing from 4,000 people at incorporation to almost 36,000 people today, Moorpark has consistently provided a variety of housing opportunities and the chance for upward mobility to many families seeking a stable, secure community to serve as the foundation of their lives. Yet a well-balanced approach to economic development remains elusive. Moorpark is a surprisingly job-rich city, with 1.15 jobs per resident – close to the theoretical ideal of jobs-housing balance. But almost 90 percent of the city’s residents commute out of Moorpark for work, suggesting an extreme imbalance between the jobs available within the city and the local labor force. Many local residents also travel to neighboring cities – such as Thousand Oaks and Simi Valley – for shopping, dining, and entertainment, and partly as a result, promising local business districts (such as the High Street Downtown area) have not prospered as expected. Thus, Moorpark requires an economic development strategy that will accomplish each of the following objectives: • Better align local jobs with the skills of local residents so they do not have to commute to other cities for employment opportunities • Provide more local options for shopping, dining, and entertainment so Moorpark’s residents and visitors do not have to travel to other cities for these amenities • Strengthen local business districts (e.g., High Street) so they can provide more local opportunities to residents and draw residents from other cities • Enable the City to provide high-quality services to residents and businesses by generating more tax revenue from business and economic development The City’s recently adopted 2050 General Plan provides a meaningful start, particularly the aspirational goals contained in the Economic Development Element. But a shorter-term, action-oriented, implementable strategy is also needed to guide Moorpark’s economic development efforts over the next few years. The PFM team has significant experience in understanding all aspects of economic development in communities, including industry clusters, the local labor force, the attitudes of economic development stakeholders, the strengths of individual business districts, and especially the fiscal implications of economic development to the municipal government. We will bring all of this expertise and knowledge to bear on Moorpark’s economic development strategy. Our approach to the Scope of Work relies on three pillars we believe are necessary for a successful, implementable economic development strategy: • Rigorous data analysis As Moorpark’s RFP suggests, rigorous analysis of both economic conditions and local labor markets are vital to understanding both economic opportunities and constraints. The General Plan Existing Conditions Report section on the Economy provides an excellent starting point, but the Economic Development Strategy must dig much deeper, especially to uncover existing and potential industry clusters that can help strengthen Moorpark’s economy. In the current City of Ventura economic development strategy, for example, the PFM team has highlighted three economic sectors that data 71 PFM | Moorpark Economic Development Strategy suggest dominate the local economy: (1) export-based businesses; (2) tourism and hospitality; and (3) retail and other local-serving businesses. In Moorpark, unlike many other cities, labor market analysis will be especially important because of the vast amount of out-commuting. Moorpark must understand what labor skills its residents have in order to match those skills with new job opportunities. • Engagement of community members (especially economic development stakeholders) But data analysis is not enough for us to truly understand the economic and labor dynamics of the Moorpark community. That’s why extensive engagement of community members, especially economic development stakeholders, is also extremely important. Such engagement will not only help us understand local attitudes toward economic development but can also surface opportunities and constraints that we may not pick up from the data. When PFM senior advisor Bill Fulton helped prepare the economic development strategy for the City of San Diego, for example, interviews with individual hoteliers were extremely important in understanding the nuances of the important tourism economy that data alone could not capture. Our view is that while public meetings and surveys are important, individual and small-group stakeholder meetings are often the best way to obtain a nuanced and fine-grained understanding of a community’s economic development needs and potential. • Specific actions with metrics & accountability Unlike a General Plan, which provides a sweeping, long-term vision for the future of a community, a short-term economic development strategy must be as specific as possible. The strategy must contain a detailed set of implementation steps, including specific actions to be taken by specific “players” in City Hall and the community, with a time frame and priority for each action. In addition, the strategy must be tied to clear metrics for implementation success, so the community can easily track progress toward goals. For example, given the large number of out-commuters, one of Moorpark’s metrics may be to decrease the number of out-commuters and increase the number of residents who work in the city, with a specific percentage change as a target in the four-year period covered by the strategy. Our proposed Work Plan to undertake this critical work nearly mirrors the scope of work outlined in the City’s RFP, with one suggested deviation related to the three in-person public meetings. We have proposed a broader set of public engagement strategies, including one in-person public meeting, one virtual public meeting to accommodate those who cannot attend a meeting in person, and a series of one-on-one and small-group interviews with economic development stakeholders in the community in order to obtain a more detailed and nuanced view of the issues. We have included two additional in-person meetings as an optional task if the City so desires, but we believe our approach will provide a full understanding of the economic development issues and range of perspectives held by stakeholders. Thus, PFM’s proposed scope of work is re-stated as follows: 72 PFM | Moorpark Economic Development Strategy 3. Company Background & Expertise Firm Profile The PFM Group was founded in 1975 on the principle of providing sound and independent financial advice to governmental and non-profit entities. Today, PFM and its affiliates are indirect, wholly owned subsidiaries of a holding company known as PFM II, LLC, and the firm’s managing directors set its strategic direction and manage specific practice areas. We are a national firm, and our more than 350 employees are located across the U.S, including PFM’s Los Angeles office. Primary services for this engagement with Moorpark will be delivered by PFM Group Consulting LLC (PFMGC). PFMGC currently employs 49 full-time professionals working at the intersection of policy, operations, and budgeting to help solve our clients’ toughest problems. We focus on the complex challenges faced by public sector leaders to deliver in-depth analysis and creative ideas that can truly make a difference. Within PFMGC, our Economic & Tax Strategy (ETS) practice area will lead our work on behalf of the City of Moorpark. With decades of experience and national perspectives on strategy and planning, PFM’s ETS professionals bring extensive economic development experience to PFMGC’s suite of capabilities. These specialties include economic development planning and analysis, real estate market analysis, econometric forecasting, economic and fiscal impact analysis, and GIS data visualization – precisely the types of knowledge, skills, and expertise that will serve Moorpark well in this endeavor. Firm Financial Position PFM’s financial position is detailed in our financial statements, which are provided in Appendix B. To the best of our information, knowledge, and belief, PFMGC is not involved in any pending litigation, contract defaults, planned office closures, impending mergers, bankruptcies, or other conditions related to the financial health of the firm. Task 1 Economic Conditions Analysis •1.1. Project Planning & Kickoff Meeting •1.2. Comprehensive Data Gathering & Analysis •1.3. Demographic & Psychographic Analysis •1.4. Market & Industry Cluster Analysis •1.5. SWOT Analysis & Competitive Assessment Task 2 Outreach & Community's Strategic Vision •2.1. Stakeholder Interviews •2.2. One (1) In-Person Public Meeting •2.3. One (1) Online Public Meeting •2.4. Two (2) Additional In- Person Public Meetings (Optional Subtask) Task 3 Research & Draft Economic Development Strategy •3.1. Draft Economic Development Strategy & Action Plan •3.2. Draft Implementation & Metrics Report •3.3. Final Strategy & Action Plan, and Implementation & Metrics Report •3.4. In-Person Presentations & Communication of Strategy 73 PFM | Moorpark Economic Development Strategy Firm Experience As a firm committed to helping local governments solve their most complex problems, PFM has dealt with a wide range of issues for local government clients across the country. Much of our traditional legacy work centers on budgeting and financial analysis, but as economic development has become a higher priority and/or area of focus in communities across the nation, the firm has expanded its expertise in order to provide high-quality assistance to local governments in this field as well. PFM is also particularly well qualified to conduct administrative capacity assessments. This has included budget-intensive financial plans for multiple California local governments and agencies, and analyses of interdepartmental coordination to efficiently maximize service impact where teams are small, and resources constrained. Recent project examples include a financial and housing plan for the City of Salinas, evaluation of a stadium proposal for another mid-sized Central Valley city, and development of equity-based approaches to capital planning for the City of Chula Vista. The following provides summaries of a representative sample of recent projects that highlight the proposed PFM team’s relevant experience. Additional examples can be provided upon request. City of Ventura, California: Five-Year Economic Development Plan The PFM team, led by proposed Moorpark project team members Bill Fulton and Deanna Kimball, with Michael Nadol as engagement manager, is currently working with the City of Ventura to update its 2018 Economic Development Strategy. The goal is to create a strategy that aligns with the City’s priorities, identifies measurable outcomes, and establishes accountability for achieving those outcomes – all while encompassing Ventura’s unique culture, specific vibe, and friendly feel. Envisioned as a collaborative effort that incorporates the values and viewpoints of City Council, City staff, community stakeholders, businesses, and the public, the resulting plan will help the City to: (1) identify economic goals; (2) build community consensus; (3) create information baselines; and (4) identify key stakeholders. For this strategy, PFM is undertaking similar tasks and activities described in Moorpark’s Scope of Work, including a market and industry cluster analysis; a SWOT analysis and competitive assessment; extensive community engagement (including public workshops and stakeholder interviews); and an evaluation of economic development staffing needs to execute the resulting Strategy effectively. To help keep the community informed of its economic development plan efforts, the City’s Economic Development Division has created and maintains an Economic Development Strategic Plan website, which includes additional detail regarding several of the aforementioned project tasks. City of Port St. Lucie, Florida: City Center Plan In 2022, and continuing into 2023, the City of Port St. Lucie engaged PFM to conduct a highest and best use study for an approximately 42-acre grouping of parcels known as City Center to support development of the master plan for the site. Developed by a PFM team that include proposed Moorpark project team members Stanley Geberer and Trae Jordan, the highest and best use study evaluated multi-family residential, retail, office, and hotel development at the site. In addition, the City engaged PFM to provide an economic impact analysis of the District’s development to St. Lucie County and a fiscal impact analysis of the District’s development to the City of Port St. Lucie. This 74 PFM | Moorpark Economic Development Strategy economic development planning engagement built on a pro forma analysis PFM conducted on behalf of the City in 2020. Doraville and DeKalb County, Georgia: Assembly CID Development Planning In 2022, the Assembly CID ("Assembly CID" and / or "District") was developing a mixed-used site in Doraville, GA, anchored by NBCUniversal Studios. As part of the process, the Assembly CID engaged PFM to provide a detailed analysis of forecasted revenues to support financing, an economic impact analysis for DeKalb County and a fiscal impact analysis for the City of Doraville. Key project team members included Stan Geberer and Trae Jordan. The film/tv production and studio campus portion of the District's project is currently under construction and is targeted for delivery to NBCUniversal Studios in September 2023. Oklahoma Incentive Evaluation Commission: Economic Development Incentives Review Along with economic analysis and planning, PFM is also a national leader in the evaluation of tax and economic incentives as tools for development. Since 2016, for example, a PFM team that includes Deanna Kimball as deputy project manager, Stanley Geberer to analyze economic impact, Trae Jordan to provide analytical support, and Michael Nadol as engagement manager, has served as the independent consultant to the Oklahoma Incentive Evaluation Commission, annually reviewing and evaluating the effectiveness of Oklahoma’s economic development incentives. In conducting more than 60 evaluations for the Commission (with an additional eight underway in 2023), PFM gathers financial and economic performance data related to each incentive, interviews government stakeholders and those in impacted businesses and industries, conducts benchmarking research on peer programs, and creates financial and economic impact models. Among its notable results, the PFM evaluation of an energy production tax credit was found to have a significantly negative ROI for the State and made it an outlier compared to other wind energy producing state. Given that the financial modeling done by the evaluation team indicated that this credit would quickly grow to requiring over $100 million in annual tax credits, the PFM team recommended eliminating the credit. The Oklahoma Legislature and Governor agreed with this recommendation and ended the program in March 2017 – four months after the recommendation was included in the Commission’s final report. 4. Project Staffing & Organization For this engagement, PFM has assembled an experienced, knowledgeable team that brings a creative blend of local and regional insights and national best practices to the City of Moorpark. Our approach to this engagement draws on the individual strengths of each team member. An overview of PFM’s proposed team organization follows, with detailed biographies for each team member included at the end of this section. In addition, the provided organizational chart of the proposed project team further illustrates how PFM intends to structure the project effort with the team as described. • Overall support for the engagement will be provided by PFMGC president Michael Nadol, who will ensure the necessary resources are directed to the engagement for its duration. 75 PFM | Moorpark Economic Development Strategy • On-the-ground project leadership and interaction with the City will be provided by PFM Senior Advisor Bill Fulton, former Director of Planning, Neighborhoods, and Economic Development for the City of San Diego, and a nationally recognized urban planner and economic development strategist. Bill will also lead the assessment of Moorpark’s five business districts and overall target industries and companies. • Day-to-day project management and coordination will be led by Senior Managing Consultant Deanna Kimball, who has managed a wide variety of projects ranging from state-level economic incentive evaluations to local operational reviews. Deanna is currently serving in a similar role in PFM’s engagement with the City of Ventura. • Director Ryan McNeely will provide subject matter expertise, particularly related to budgeting issues, and will play a key role in stakeholder engagement activities. • Technical expertise will be provided by Senior Managing Consultants Stanley Geberer and Garrett Hincken, both of whom have significant experience in economic and real estate analysis. • Day-to-day analytical support for the project team will be provided by Analyst Trae Jordan, who has supported several other economic development projects since joining the PFM team in 2022. In addition, PFM has available a deep bench of additional experienced project managers and analysts that can be brought in to assist with this effort on an as-needed basis where helpful to meet the City’s goals. Proposed Moorpark Project Team Structure William Fulton, Senior Advisor Michael Nadol Engagement Director Bill Fulton Engagement Lead Ryan McNeely Community Outreach Deanna Kimball Project & Resource Coordination Trae Jordan Analytical Support Stanley Geberer Economic Context Garrett Hincken Technical Expertise 76 PFM | Moorpark Economic Development Strategy Bill Fulton, a national expert on urban planning and seasoned economic development practitioner with 30 years of experience, will take a hands-on approach to helping the City develop its strategy. Prior to joining PFM as a Senior Advisor, Bill served as Director of the Kinder Institute for Urban Research at Rice University. Bill lived for 25 years in Ventura County and formerly served on the City Council in Ventura, which he represented on the Ventura County Transportation Commission. As a longtime Metrolink rider, he is very familiar with Moorpark’s High Street downtown area in particular. He is a former Principal at Placeworks, the firm that prepared Moorpark’s General Plan. As Director of Planning and Economic Development for the City of San Diego, he successfully shepherded the city’s first economic development strategy in 15 years through City Council approval. He is currently serving as hands-on lead advisor on PFM’s effort to craft a new economic development strategy for the City of Ventura. At the Kinder Institute from 2014 to early 2022, Bill focused his efforts on improving underserved communities in Houston. The Kinder Institute’s work successfully highlighted an affordable housing crisis for low-wage workers in Houston, especially after a series of disasters including three floods and an unusual winter freeze. He also led the Kinder Institute’s work in partnership with the City of Houston to create racial equity indicators for the city, Harris County’s first-ever affordable housing needs assessment, and Rice University’s effort to obtain a Build Back Better Regional Challenge grant from the Economic Development Administration by linking research breakthroughs at Rice and other local universities to manufacturing jobs in the region. These projects regularly included extensive community engagement, inclusive of focus groups, neighborhood outreach, and surveys. As a City Councilmember and elected Mayor of Ventura, California from 2003 to 2011, Bill also led the effort to create a business incubator and city economic development fund that seeded the successful incubation of The Trade Desk, now one of the world’s leading ad tech firms. In addition, he has worked on economic development strategies for several cities in California and Arizona. Bill was the economic development columnist for Governing magazine for many years. His eighth book, Place and Prosperity: How Cities Help Us Connect and Innovate, was published by Island Press. Bill received his urban planning degree from UCLA. Deanna Kimball, Senior Managing Consultant Deanna joined PFM’s Management and Budget Consulting Practice in 2015. As a Senior Managing Consultant with the firm, she specializes in economic development incentive analysis, tax and revenue policy, organizational assessments, business process improvement and financial and strategic planning. Deanna is currently serving as the administrative project manager for PFM’s engagement helping the City of Ventura with its economic development strategy and is also leading the resource assessment component of that work. Since 2017, Deanna has also served as the deputy project manager for PFM’s work with Oklahoma’s Incentive Evaluation Commission. Among Deanna’s other current and recently managed engagements are a research study of state and local government efforts to infuse equity into decision-making processes; an organizational assessment of a City’s Finance functions; a study of local government property tax relief options and opportunities; a comprehensive analysis of the effectiveness of the State of Vermont’s remote worker incentives; and guidance for the City of 77 PFM | Moorpark Economic Development Strategy New Orleans for permanent supportive housing options as part of Bloomberg Philanthropies’ City Budgeting for Equity & Recovery initiative. Deanna was also a key member of the teams who conducted a data center fiscal impact analysis for Prince William County, Virginia; and comprehensive tax and revenue reviews for the State of Hawaii; Loudoun and Prince William Counties, Virginia; and the Long Island Regional Planning Council in New York. Prior to joining PFM, Deanna was a budget analyst at the University of Pennsylvania, and she previously served as a budget and management analyst for the State of Ohio’s Office of Budget and Management. She received her Bachelor of Arts degree from Xavier University in Cincinnati, Ohio before going on to earn her Master of Public Administration degree from Northern Kentucky University. Ryan McNeely, Director Ryan McNeely is a director in the Management and Budget Consulting practice in the New Orleans office, where he has engaged in multi-year financial planning for the cities of Danville, Virginia; Rockford, Illinois; Savannah, Georgia; and Seaside Heights, New Jersey. In his multi-year planning efforts, Ryan has focused on freeing up resources for cities to reinvest in their own fiscal resiliency and community and economic development. Recently, Ryan led a major study of the New Mexico economy and its potential transition away from oil-and- gas revenue to revenue derived from a more diversified economy. In that capacity, he interviewed most major economic stakeholders in New Mexico and subsequently presented PFM’s results before legislative committees at the State Capitol. Ryan also has significant experience in California, where he led a revenue and vehicle miles travelled alternatives analysis for the Southern California Regional Rail Authority (Metrolink). He is currently engaged in a review of the City of Huntington Beach’s management systems and procurement policies and a long- range financial planning effort for the Metropolitan Water District of Southern California. Ryan was also part of an assessment team for a long-range financial plan for the City of Salinas that focused on economic development issues and the City’s lack of affordable housing. Prior to joining PFM, Ryan was a senior associate for a consulting firm in New Orleans. His primary client was the New Orleans Aviation Board during the planning and implementation of a $1 billion capital program, including the construction of a new airport terminal. Ryan also has experience as a budget analyst for the New Jersey Office of Management & Budget. Ryan led budgeting and monitoring for the largest and most significant programs in state government, including municipal aid, school aid, and community development initiatives. He also managed the accounts for federal programs such as Section 8 housing assistance and unemployment insurance. Stanley Geberer, Senior Managing Consultant Stan Geberer will bring this project decades of expert understanding of market conditions, demographic trends, and commercial and residential real-estate development. He also works extensively with public and private interests in local communities on special projects such as comprehensive land use plan analysis, community redevelopment, defense contracting for base facilities analysis, and strategic planning for businesses and economic development agencies, economic impact analysis and environmental economics. His work includes evaluation of business and industrial conditions necessary to strengthen the network of support industries required for a successful community business landscape. 78 PFM | Moorpark Economic Development Strategy Stan has been a featured speaker at Urban Land Institute professional development seminars, the International Council of Shopping Center Developers, the Florida Retail Federation and the Association for University Business and Economic Research. Early in his career, he served as Research Director for the Broward Economic Development Board and has decades of subsequent experience in economics and real estate consulting. Stan earned his B.A. in Economics from Union College. Garrett Hincken, Senior Managing Consultant In his role at PFM, Garrett focuses on economic research and policy challenges. Prior to joining PFM, Garrett was an officer and research lead with The Pew Charitable Trusts, conducting in-depth analysis on key challenges affecting urban economic and fiscal health and neighborhood stability. One of the reports he authored examined Philadelphia’s property tax and how it compares with 10 peer cities, detailing findings on the tax’s contribution to the budget, the composition of the tax base, the structure of rates and exemption programs, as well as the recent history of the City’s assessment function. For another initiative, Garrett analyzed Philadelphia homes with “tangled titles” (where the official deed does not bear the name of the apparent owner), authoring a report highlighting the impact on neighborhoods of different socio-economic characteristics and how this problem puts more $1 billion in housing wealth at risk. Earlier in his career, Garrett served as Director of Research and Transportation Policy for the Center City District, Philadelphia’s nationally recognized downtown business improvement district, where his work focused on the economy of Philadelphia’s downtown core. While at the Center City District, he produced reports addressing housing production, commercial development, employment trends, transit policy, inclusive growth, and residential demographics, as well as market analyses in support of business attraction. Prior to that role, Mr. Hincken was a Director for a regional economic consultancy, advising public and private sector clients across a range of economic and real estate analysis services, including economic impact modeling, fiscal impact modeling, spatial mapping, and real estate pro forma analysis. Garrett holds a Master of City and Regional Planning degree from Rutgers University – where he also worked with the Center for Urban Policy Research – and earned his bachelor’s degree from Temple University. Michael Nadol, Managing Director & PFMGC President Michael Nadol is a Managing Director with PFM’s Management and Budget Consulting and President of PFM Group Consulting LLC, specializing in public sector financial sustainability. He joined the firm in 2000 and will serve as Engagement Manager for this project – ensuring availability of strong resources for project success, troubleshooting challenges, and coordinating quality control. Nationally, Mr. Nadol has played a lead role in long-range financial planning, turnaround consulting, and performance improvement for cities, counties, states, and federal agencies. He recently served as a senior advisor with the Bloomberg Philanthropies City Budgeting for Equity & Recovery initiative and co-authored an article (with colleague Matt Stitt) in the April 2021 Government Finance Review on “Equitable Recovery in Practice.” Among his responsibilities, Mr. Nadol also oversees PFM’s Economic and Real Estate Consulting team and has directly led economic development projects including a comprehensive evaluation of the New York State Centers of Excellence investments in regional growth and tax policy analysis for the City of Baltimore, Maryland. In addition, he has provided strategic, quantitative, and analytical support for human resources reforms on behalf of many of the nation’s largest public employers, including the City of Austin, Texas, State of Tennessee, Commonwealth of Pennsylvania, and the City of New York. Prior to joining PFM in 2000, as Philadelphia’s Director of Finance and in previous positions within the City’s Office of the Mayor, Mike worked on management and budget initiatives key to the City’s turnaround from the 79 PFM | Moorpark Economic Development Strategy brink of bankruptcy in 1992 to its then-record $206 million surplus in 1999. Among other responsibilities, he served on the boards of multiple City economic development agencies, including the Philadelphia Industrial Development Corporation, and led Philadelphia’s negotiations for a residential new construction tax abatement initiative that helped spark more than a decade of neighborhood reinvestment and renewed population growth. Mike has served on the adjunct faculty of the University of Pennsylvania’s Master of Public Administration program and for two terms as an appointed adviser to the Government Finance Officers Association (GFOA) Committee on Governmental Budgeting and Fiscal Policy. In 2019 and 2020, he also served pro bono as a lead advisor to the City Council of Philadelphia in the development of a Poverty Action Plan. Mike holds a B.A. in Political Science from Yale University and an M.P.A. from the University of Pennsylvania. Trae Jordan, Analyst Trae Jordan is an analyst in PFM’s Management and Budget Consulting practice, focusing primarily on projects within the Economic and Tax Strategy practice and the Center for Budget Equity and Innovation. Trae provides support for clients around the country by conducting a variety of financial analyses, including economic and fiscal impact analyses. Trae has worked on real estate studies on affordable and market rate housing for the cities of Ocala, Riviera Beach, and Port St. Lucie, FL. He also completed a market feasibility study for commercial development in New Smyrna Beach, FL as well as the valuation of real estate holding and land value for a large utility. Trae has supported tax incentive policy evaluations for the states of New York and Oklahoma. His work also includes advising clients regarding strategies for incorporating equity into local government practices and long-term development plans. Prior to joining PFM, Trae’s experience included work with the Planning Department in Olathe, Kansas; the City Manager’s Office in Overland Park, Kansas; and the Strategic Initiatives Department at Amtrak. He holds a Master of City Planning with an emphasis on Economic Development from the University of Pennsylvania as well as a Bachelor of Science in Economics from the Wharton School of Business at the University of Pennsylvania. 5. Project Work Plan & Schedule The following Work Plan provides a narrative description of PFM’s proposed methodology and implementation strategy, as well as a summary of the core project management principles that are central to all PFM engagements. Further, we understand and appreciate the City’s desire for all key milestones and deliverables to be clearly identified in the proposed scope, and accordingly, we have provided a summary of that information in table format within this section. Task 1: Economic Conditions Analysis • 1.1. Project Planning & Kickoff Meeting Upon contract execution, PFM will work with the City project manager to coordinate a virtual (typically via Microsoft Teams) project planning meeting with the City project sponsor and team. The purpose of this meeting is to establish unified, baseline expectations for the engagement regarding project goals and objectives; communication approach; methodology; project schedule; deliverables; and other critical project components (such as potential benchmark jurisdictions and the timing and structure of biweekly project progress updates). Following this discussion, a formal project plan will be created and approved by the City team before being distributed. This document is intended to be a 80 PFM | Moorpark Economic Development Strategy useful reference for the City and PFM project teams, as it documents key information about the team’s approach to the Scope of Work and ensures the project team’s efforts remain on time and on budget. The project plan for PFM’s current economic development engagement with the City of Ventura is provided as an example in Appendix C. 1.1. Project Planning & Kickoff Meeting Timeframe July-September 2023 Deliverable(s) - Virtual project planning meeting with City project manager/team - Project plan guiding document - Biweekly virtual project update meetings with City project team • 1.2. Comprehensive Data Gathering & Analysis We understand and appreciate that no two jurisdictions are the same, and therefore, economic development strategies are not one-size-fits-all. The strategy resulting from this effort will only be successful if it reflects the economic conditions specific to Moorpark, as well at the City Economic Development Division’s operations, current projects, and initiatives. PFM will use qualitative and quantitative methods to deeper its understanding of the key factors influencing the City’s current and potential future economic development efforts. We have already generated and reviewed the market summary profile and business summary for the City to provide context. We also have access to approximately 50 separate, standard reports through ESRI/Business Analyst Online, which cover most market segment characteristics by small area geography. PFM will customize the reports and geographies to capture corridors, neighborhoods or TIF districts, etc. To assess business corridors and key business establishments, we would likely use Property Appraiser GIS-based property records to show geographic development trends; age of structures; and the profile and distribution of commercial facilities and apartments. This would be supplemented with CoStar data showing occupancy rates, rents, and building quality (among other characteristics and attributes). Pipeline data and information will be requested from local planning agencies to identify projects in planning, approval, and construction. These data represent the “supply side” business conditions and will be considered in the context of "demand side” characteristics and needs generated by the resident population, projected population growth and existing business community. The project team will review publicly available data, and request from the City (or other source, as appropriate) additional relevant background information that would likely be useful for understanding current context, including plans and policies; General Plan Update documents; prior business surveys; access to HDL sales tax data; and real estate industry reports. In addition to our review of available data and information, members of the PFM project team will schedule a site visit with the City. This two-day visit will further the project team’s understanding of the city and the factors that are critical to the development of the Strategy, including (perhaps especially) its business districts. 1.2. Comprehensive Data Gathering & Analysis Timeframe September-November 2023 81 PFM | Moorpark Economic Development Strategy Deliverable(s) - Detailed preliminary information request - Moorpark site visit • 1.3. Demographic & Psychographic Analysis Using Placer.ai, the most recent Census data, and additional, current data sources, the PFM team will provide an analysis of socioeconomic trends regarding city residents. This will include an understanding of trends and indicators regarding income, wealth homeownership, poverty, education level, commute time, skills, underemployment, and race. In addition, using Placer.ai plus psychographic and other techniques, the PFM team will provide an analysis of the lifestyles, behaviors, and purchasing history of Moorpark’s visitors, shoppers, and diners. The PFM team has access to psychographics through ESRI; these data can be used to help prepare the psychographic profile. o 1.3.1. Placer.ai Analysis PFM will purchase a Placer.ai subscription to gain access to its data. This information will help the PFM team and City to better understand and analyze the socioeconomic behaviors and patterns of residents and visitors. In addition, PFM will allocate 18 hours of PFM staff time to use Placer.ai on the City’s behalf to analyze an agreed upon topic(s) and research, as determined during the project planning phase and during the course of the engagement. This analysis represents the residential portion of the “demand” side and need for the variety of City services and economic opportunities. These characteristics, combined with the Community Outreach and Stakeholder interview findings, guide the identification and development of strategic goals to be included as part of the economic development strategies and implementation program. 1.3. Demographic & Psychographic Analysis Timeframe September-November 2023 Deliverable(s) - Memo on demographic and psychographic trends • 1.4. Market & Industry Cluster Analysis PFM will conduct a market and industry cluster analysis. This analysis will include: o A statistical analysis of business sectors in Moorpark, including detailed category composition by NAICS code; key employers and associated employment and wage levels; and geographic concentrations of commercial/industrial activity. o An assessment of current and potential economic clusters, including the “Top 5” analysis in critical clusters called for in the RFP (HDL sales tax data, number of employees, growth potential). o An assessment of the resident talent pool in Moorpark and the extent to which that talent pool is being utilized by Moorpark businesses. The PFM team will establish a comprehensive target list of the types of businesses the City should focus on attracting in the next four years and, to the extent possible, include specific names of target businesses. 82 PFM | Moorpark Economic Development Strategy The PFM team will also review Moorpark’s five existing business corridors: o Discovery & Imagination District An industrial and office park located in west Moorpark, this area is home to major companies and businesses; and has great potential for industrial, office, warehouse, entertainment, and studio uses. o Los Angeles Avenue Commercial District Serving as the City’s primary east-west corridor, this area has retail power centers, shopping complexes, and a hotel. There are significant opportunities for restaurants, stores, auto dealers, offices, hotels, and housing. o Downtown High Street Arts & Mixed-Use District The historic district and heart of Moorpark, this area includes restaurants, boutique stores, the High Street Arts Center, and Metrolink Station. This area is primed for pedestrian- and transit-oriented developments with mixed-use and higher density housing. o Arroyo Business District An industrial and office park located along both sides of the Arroyo Simi waterway, this district is home to scientific research companies, medical offices, and breweries and wineries. There are opportunities for office, research, warehouse, and healthcare uses. o Princeton Business & Hospitality District The most visible economic development area of Moorpark, this district is located at the junction of the 118 and 23 freeways and is home to PennyMac Loan Services. There are significant opportunities for logistics, manufacturing, offices, and entertainment. PFM’s analysis will include – by district – the business mix and profile characteristics; concentration of businesses and employment; and the value and growth of ad valorem tax base. PFM will provide an overview of any needs reports provided by the City, including traffic studies, infrastructure conditions, and backlog and resilience requirements. Based on these findings, PFM will recommend changes to district names, boundaries, and descriptions, where applicable, to allow for better marketing and promotion opportunities, with a goal of enhancing the success of – and fulfilling the key needs that exist within – each district. 1.4. Market & Industry Cluster Analysis Timeframe September-November 2023 Deliverable(s) - Memo detailing market and industry cluster analysis, including recommendations for changes and updates to business corridors - Target list • 1.5. SWOT Analysis & Competitive Assessment The PFM team will conduct a strengths, weaknesses, opportunities, and threats (SWOT) analysis of Moorpark’s economic competitiveness, including an assessment compared to two competitor cities (which will be determined collaboratively with city staff as part of the project planning process detailed in Task 1). 83 PFM | Moorpark Economic Development Strategy PFM has substantial expertise in illustrating market conditions, and this will undoubtedly help us define the SWOT parameters and identify any gaps in retail, service, or other employment segments. As noted in the RFP, we will use the most recent Census data (and other current data sources) to provide trends and forecast potential indicators of importance, including (but not limited to): income, wealth, homeownership, poverty, education level, commute time, skills, underemployment, and race. 1.5. SWOT Analysis & Competitive Assessment Timeframe September-November 2023 Deliverable(s) - Memo with SWOT analysis and assessment of competitiveness Task 2: Outreach & Community’s Strategic Vision The Scope of Work outlined in the City’s RFP calls for the selected firm to “collaborate with City staff, local businesses and non-profits, stakeholders, and the public in developing and reviewing the Strategic Vision with a minimum of three in-person public meetings.” While PFM believes there is significant value in hosting site-based public meetings in order to refine our understanding of the core issues and opportunities, we also believe that a more diverse engagement strategy is likely to yield more robust and nuanced results and takeaways for the project team. As an alternative to the three in-person public meetings, PFM proposes a broader set of public engagement strategies, including one in-person public meeting, one virtual public meeting (to accommodate those who cannot attend a meeting in person), and a series of one-on-one and small-group interviews with economic stakeholders in the community in order to obtain a more detailed and nuanced view of the issues. • 2.1. Stakeholder Interviews PFM appreciates that the City has a great working relationship with county-wide economic development professionals and partners and regularly communicates with them via a variety of channels, including monthly roundtable meetings, conference calls, and email updates. This effective working relationship will undoubtedly benefit the project team’s ability to use stakeholder interviews to refine its understanding of the key issues and opportunities for the City. PFM will interview, either individually or in small groups, stakeholders from the economic development community (the list of stakeholders will be determined in consultation with the City team as part of the project planning process described in Task 1). These interviews will likely involve local business owners, representatives of associations such as the Moorpark Chamber of Commerce, real estate brokers, and others who are intimately familiar with the local business and economic climate. The goal of these interviews will be to gain a deeper understanding of representative perceptions of Moorpark’s current business climate and opportunities for the future. Further, these interviews are a useful tool for identifying important, overarching themes that should be taken into consideration as we work to develop a responsive Strategy. Unless the City prefers to handle stakeholder outreach and scheduling directly, PFM staff will coordinate these stakeholder interviews in a timely and efficient manner. In advance of stakeholder interviews, we typically draft a list of general discussion topics/questions meant to facilitate open dialogue and ensure the project team gleans the information it seeks to gain through these sessions. Understanding that stakeholders represent a wide variety of perspectives and backgrounds, it is often necessary to refine the list of questions to best suit a particular stakeholder group’s interests. Upon 84 PFM | Moorpark Economic Development Strategy the City’s review and approval of the discussion guides, they would be shared with interviewees in advance of the scheduled meeting. 2.1. Stakeholder Interviews Timeframe September-November 2023 Deliverable(s) Stakeholder interview guide(s) Stakeholder interviews • 2.2. One (1) In-Person Public Meeting As we stated above, as an alternative to the three in-person meetings called for in the RFP, we propose one in-person public meeting as well as one online public meeting and stakeholder interviews. As outlined below, we have included two additional in-person public meetings as an optional task. The in-person meeting will be held at a central location in Moorpark, most likely on a weekday evening. We will work with the city to promote this event as heavily as possible, especially to the business community. The event will likely be two hours long, with an up-front presentation about the project and the economic context of the city and will include both public discussion generally and breakout sessions on specific economic sectors. PFM will work with the city on logistics for the meeting. 2.2. One (1) In-Person Public Meeting Timeframe September-December 2023 Deliverable(s) - In-person public meeting/workshop to capture community perception • 2.3. One (1) Online Public Meeting As with the in-person meeting, the online public meeting will most likely be held on a weekday evening. We will work with the City to promote this event as heavily as possible, especially to the business community. The event will likely be two hours long, with an up-front presentation about the project and the economic context of the city and will include both public discussion generally and breakout sessions on specific economic sectors. Although PFM will rely on the City team to publicize the meeting, PFM will manage the online technical aspects of the meeting through Microsoft Teams. 2.3. One (1) Online Public Meeting Timeframe September-December 2023 Deliverable(s) - Online public meeting/workshop to capture community perception • 2.4: One (1) Additional In-Person Public Meeting (Optional Subtask) In our price proposal, we have included one other in-person meeting as an optional task if the City so desires. The format for this meeting will likely be similar to the format described in subtask 2.3. 2.4. One (1) Additional In-Person Public Meeting Timeframe September-December 2023 Deliverable(s) - In-person public meeting/workshop to capture community perception Task 3: Research & Draft Economic Development Strategy • 3.1. Draft Economic Development Strategy & Action Plan 85 PFM | Moorpark Economic Development Strategy In collaboration with city staff, PFM will craft a draft economic development strategy with goals, purpose, and objectives for the next four years. The strategy will include an action plan listing the items the City should complete within the next four years, including priorities, responsibilities, and potential funding sources. The strategy will be built off the memos and other work products in the previous tasks, so it is not likely to contain strategies and actions the city staff has not seen previously during the course of the project. It will likely include recommendations on the four major themes identified on page 5 (align local jobs with skills of local residents; provide more options for shopping, dining, and entertainment; strengthen local business districts; and generate more tax revenue). It will identify, as specifically as possible, the target economic sectors and companies that should be recruited in the city. The strategy and action plan will include specific actions to be taken by specific players, either in the city government or in partnership with the broader community, along with a time frame for those actions and, where possible, potential funding sources. 3.1. Draft Economic Development Strategy & Action Plan Timeframe January 2024 Deliverable(s) Draft Economic Development Strategy and Action Plan • 3.2. Draft Implementation & Metrics Report PFM will draft a report detailing implementation steps the city must take to successfully implement the economic development strategy and metrics the city must use to track implementation. 3.2. Draft Implementation & Metrics Report Timeframe January 2024 Deliverable(s) - Draft Implementation and Metrics Report • 3.3. Final Strategy, Action Plan, and Implementation and Metrics Report Based on one set of comments from city staff, PFM will produce a visually appealing, easy-to- understand final Economic Development Strategy, Action Plan, and Implementation and Metrics Report. 3.3. Final Strategy, Action Plan, and Implementation and Metrics Report Timeframe February 2024 Deliverable(s) - Final Four-Year Economic Development Strategy - Detailed implementation table with estimated deadlines - Implementation tools with structure of metrics • 3.4. In-Person Presentations & Communication of Strategy PFM will present the completed Strategy to key audiences: to the Community & Economic Development Committee, to City Council for adoption, and to the executive leadership team. If desired by City leadership, PFM is available under separate contract to assist the City in compiling metrics and monitoring process toward the economic development strategy’s goals. o Present Final Product To Community & Economic Development Committee PFM will attend one meeting of the City Council Community & Economic Development Committee (CEDC) in person to present the final Economic Development Strategy and associated documents. 86 PFM | Moorpark Economic Development Strategy o Present Final Product to City Council for Adoption PFM will attend one meeting of the Moorpark City Council to present, jointly with the staff, the final Economic Development Strategy and associated documents for adoption. o Brief City Executive Leadership Once the final Economic Development Strategy is adopted, PFM will attend a meeting of the City Executive Leadership team to provide details about the Strategy and especially the implementation and metrics aspects. This briefing could also occur prior to presentation to the Community & Economic Development Committee and/or the City Council. 3.4. In-Person Presentations & Communication of Strategy Timeframe March 2024 Deliverable(s) - In-person participation at CEDC meeting - In-person participation at City Council meeting (adoption) - In-person meeting to brief City executive leadership Summary of Project Schedule, Major Milestones, and Key Deliverables The following summarizes significant elements of the Work Plan schedule for performance of each of the tasks and sub-tasks identified in the Scope of Work, including major milestones, key deliverables, and completion dates, assuming a project start date in July -September 2023. As required in the RFP, it also provides payment milestones that clearly identify quantifiable, measurable sub-tasks to allow determination of milestone completion status during all phases of the project. Tasks, Subtasks & Deliverables Estimated Timeframe Task 1: Economic Conditions Analysis 1.1. Project Planning & Kickoff Meeting July-September 2023 1.2. Comprehensive Data Gathering & Analysis September-November 2023 1.3. Demographic & Psychographic Analysis September-November 2023 1.4. Market & Industry Cluster Analysis September-November 2023 1.5. SWOT Analysis & Competitive Assessment September-November 2023 Invoices Submitted by the 15th of the Month for Prior Month’s Work October, November, and December 2023; January 2024 Task 2: Outreach & Community's Strategic Vision 2.1. Stakeholder Interviews September-November 2023 2.2. One (1) In-Person Public Meeting September-December 2023 2.3. One (1) Online Public Meeting September-December 2023 2.4. One (1) Additional In-Person Public Meeting (Optional) September-December 2023 Invoices Submitted by the 15th of the Month for Prior Month’s Work October, November, and December 2023; January 2024 87 PFM | Moorpark Economic Development Strategy Tasks, Subtasks & Deliverables Estimated Timeframe Task 3: Research & Draft Economic Development Strategy 3.1. Draft Economic Development Strategy & Action Plan January 2024 3.2. Draft Implementation & Metrics Report January 2024 3.3. Final Strategy, Action Plan, and Implementation and Metrics Report February 2024 3.4. In-Person Presentations & Communication of Strategy March 2024 Invoices Submitted by the 15th of the Month for Prior Month’s Work February, March, and April 2024 PFM’s Project Management Approach PFM appreciates the City’s interest in ensuring the project management services provided over the course of this engagement are expertly delivered. The following summarizes the key components and differentiators of PFM’s established project approach – one that will ensure the City receives comprehensive, thoughtful, and actionable results. • Capacity to ‘hit the ground running’ Because of the breadth and depth of PFM’s experience, we are confident in our ability to complete this engagement within the City’s prescribed timeframe. In addition, PFM project managers rely on a variety of safeguards to ensure projects do not encounter staffing bottlenecks, including a weekly staffing tracker and regular internal calls focused specifically on staffing needs and assignments. • Committed, day-to-day project management As the day-to-day project manager, Senior Managing Consultant Deanna Kimball will ensure this engagement remains on time and on budget. She will also serve as the single point of contact for the City and will facilitate seamless communication among the City and PFM project teams. • Designated executive support As President of PFM Group Consulting and as the engagement director for this project, Michael Nadol will be involved throughout its duration and responsible for ensuring it receives all resources necessary for a successful outcome.  Unwavering commitment to quality control We view quality control as essential to our ability to provide high-quality, in-scope deliverables to our clients. Under our rigorous and regular fact-checking process, all data collected and cited in our research and analysis will be maintained in a central PFM location. As part of the data collection and analysis process, all data points utilized will be independently located and verified by a member of the project team. Further, each deliverable drafted will be subject to a comprehensive review – including by project manager Deanna Kimball – before being transmitted to the City project team for review and comment.  Audience-minded deliverables that translate findings into actionable results PFM understands that no two governments are exactly alike, and no two projects have the same genesis and/or purpose. Further, we understand that reports can sometimes be ‘too academic’ for their intended audiences, and, in those situations, risk being shelved quickly and not used in the manner desired. Accordingly, all PFM deliverables are developed with their respective audiences in mind. Further, all interim, draft, and final reports are designed to provide government officials with 88 PFM | Moorpark Economic Development Strategy actionable, data-driven, results-oriented recommendations that align with our clients’ goals and priorities – and can be easily understood by audiences and acted upon by leaders. • Effective communication plan And finally, in support of a successful engagement, it is important to develop a strong communication plan, with the goal of completing the project on time, on budget, and with the required deliverables and results. To lay the groundwork for project success, each PFM communication plan is based on the following principles: •PFM structures its projects to enhance the opportunities for client communication and involvement. This often entails the creation of a client guidance team, which includes the project sponsor and project manager as well as other key stakeholders. This helps establish project direction, resolves issues and maintains project continuity. Client Engagement •PFM provides regular updates to its clients on project progress, scheduling and issues to be resolved. Via regular (typically bi-weekly) written project updates PFM also provides ample opportunities for clients to vet recommendations and analysis to help ensure findings and recommendations are credible and actionable. Continuous Feedback •PFM projects use key project milestones to ensure continuous client involvement, project understanding and feedback. PFM projects are initiated with a project kickoff, which helps to introduce the PFM team to key project stakeholders. PFM projects also typically entail a mid-point project update to communicate key high level project findings and recommendations and provide updates on project schedules and next steps. Clear Milestones 89 PFM | Moorpark Economic Development Strategy Appendix A: Professional Services Agreement - Requested Modifications RFP Pg. 22 - ATTACHMENT 2: SAMPLE AGREEMENT AND INSURANCE REQUIREMENTS 10. INDEMNIFICATION AND HOLD HARMLESS Indemnity for professional liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs to the extent same are caused in whole or in part by any negligent or intentionally wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Indemnity for other than professional liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officials, employees, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligent or intentionally wrongful performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Explanation: PFM Group Consulting LLC respectfully requests the opportunity to negotiate the indemnification language in any resulting agreement so that PFM Group Consulting LLC’s obligation to indemnify is limited to circumstances in which its performance has been wrongful, which would include negligent or intentionally wrongful acts. RFP Pg. 31 Exhibit A Insurance Requirements 10. Consultant agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Consultant, provide the same minimum insurance required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. Explanation: PFM’s policies do not allow for coverage of independent contractors and subcontractors. ICs and Subs must provide separate, current, and sufficient proof of coverage. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to the City. Explanation: PFM’s insurance policies cannot be altered midterm. 90 PFM | Moorpark Economic Development Strategy Appendix B: PFM II, LLC Consolidated Financial Statements 91 PFM | Moorpark Economic Development Strategy Appendix C: Ventura Economic Development Strategy Project Plan 92 PFM | Moorpark Economic Development Strategy Appendix D: Acknowledgment of Addenda 93 PFM | Moorpark Economic Development Strategy ABOUT PFM PFM is the marketing name for a group of affiliated companies providing a range of services. All services are provided through separate agreements with each company. This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation. Financial advisory services are provided by PFM Financial Advisors LLC, a registered municipal advisor with the Securities and Exchange Commission (SEC) and the Municipal Securities Rulemaking Board (MSRB) under the Dodd-Frank Act of 2010. Swap advisory services are provided by PFM Swap Advisors LLC which is registered as a municipal advisor with both the MSRB and SEC under the Dodd-Frank Act of 2010, and as a commodity trading advisor with the Commodity Futures Trading Commission. Additional applicable regulatory information is available upon request. Consulting services are provided through PFM Group Consulting LLC. PFM’s financial modeling platform for strategic forecasting is provided through PFM Solutions LLC. A web-based platform for municipal bond information is provided through Munite LLC. For more information regarding PFM’s services or entities, please visit www.pfm.com. 94 Exhibit D Scope of Services PFM proposes to provide all services and deliverables described in our proposed Scope of Work at a total, not-to-exceed price of $115,695. This estimate is based on the following PFM standard hourly rates: • Managing Director: $365 • Director: $345 • Senior Managing Consultant: $325 • Analyst: $245 The following table summarizes PFM’s proposed costs to deliver the services and deliverables by task and subtask. PFM is happy to provide additional, supporting detail upon the City’s request. Total Task 1: Economic Conditions Analysis $52,825 1.1. Project Planning & Kickoff Meeting $3,130 1.2. Comprehensive Data Gathering & Analysis $12,330 1.3. Demographic & Psychographic Analysis $11,890 1.3.1. Placer.ai Analysis $5,000 1.4. Market & Industry Cluster Analysis $12,050 1.5. SWOT Analysis & Competitive Assessment $8,425 Task 2: Outreach & Community's Strategic Vision $28,070 2.1. Stakeholder Interviews $15,990 2.2. One (1) In-Person Public Meeting $5,475 2.3. One (1) Online Public Meeting $3,155 2.4. One (1) Additional In-Person Public Meeting $3,450 Task 3: Research & Draft Economic Development Strategy $28,970 3.1. Draft Economic Development Strategy & Action Plan $10,660 3.2. Draft Implementation & Metrics Report $8,830 3.3. Final Economic Development Strategy & Action Plan and Implementation & Metrics Report $4,680 3.4. In-Person Presentations & Communication of Strategy $4,800 Total Estimated Cost, Hourly Rates $109,865 Estimated Travel & Expense Costs* $5,830 Total Project Not-to-Exceed $115,695 Optional Services As described in our proposed Work Plan (subtask 2.4), PFM’s approach to community engagement relies on a combination of one in-person meeting, one virtual meeting, and a series of stakeholder interviews. Should the City desire to host two in-person meetings as described in its preliminary scope, PFM will conduct one (1) additional In-Person Public Meetings (with two PFM participants) at a cost of $3,450 per meeting. *Mileage reimbursement will be based on the rate established by the Internal Revenue Service applicable to California. Additionally, per diem expenses may be compensated at the appropriate and fair rate for the specific location. 95 RESOLUTION NO. 2023-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24 BUDGET TO APPROPRIATE $102,265 FROM THE CITY GENERAL FUND (1000) FOR THE DEVELOPMENT OF AN ECONOMIC DEVELOPMENT STRATEGIC PLAN WHEREAS, on June 15, 2022, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2023/24 on June 21, 2023; and WHEREAS, a staff report has been presented to the City Council requesting approval of an agreement for PFM Group Consulting, LLC for the development of an Economic Development Strategic Plan in the total amount of one hundred twenty-seven thousand two hundred sixty-five dollars ($127,265), which includes a 10 percent contingency of $11,570; and WHEREAS, $25,000 has already been budgeted in Fiscal Year 2023/24 to develop an Economic Development Strategic Plan and a budget amendment in the amount of $102,265 from the General Fund (1000) is needed to fund the remaining cost of the services; and WHEREAS, Exhibit “A” hereof describes said budget amendment and its resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment of $102,265 from the General Fund (1000) for professional services for the development of an Economic Development Strategic Plan as more particularly described in Exhibit “A”, attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of September, 2023. ________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachment: Exhibit “A” – Budget Amendment ATTACHMENT 2 96 Resolution No. 2023-____ Page 2 EXHIBIT “A” BUDGET AMENDMENT FOR CITY GENERAL FUND (1000) DEVELOPMENT OF ECONOMIC DEVELOPMENT STRATEGIC PLAN FY 2023/24 FUND BALANCE ALLOCATION: Fund Title Fund Account Number Amount General Fund 1000-000-00000-33990 $ 102,265.00 Total $ 102,265.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000-611-00000-51000 $ 48,840.00 $ 102,265.00 $ 151,105.00 Total $ 48,840.00 $ 102,265.00 $ 151,105.00 97