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HomeMy WebLinkAboutItem No. 16 PSA DMG Economics for Econ Devel SvsCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 21-180 Agenda Date: 5/25/2021 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 16) Professional Services Agreement with Development Management Group, Inc. (DMG Economics) for Provision of Economic Development Services Staff recommends the City Council approve a Professional Services Agreement with Development Management Group, Inc. to provide Economic Development Professional Services to the City of Lake Elsinore for the period of FY 2021/2022 through FY 2023/2024 and authorize the City Manager to execute the Agreement in substantially the form attached and in such final form. Page 1 City of Lake Elsinore Printed on 5/20/2021 REPORT TO THE CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Date: May 25, 2021 Subject: Professional Services Agreement with Development Management Group, Inc. (DMG Economics) for Provision of Economic Development Services Recommendation Approve a Professional Services Agreement with Development Management Group, Inc. to provide Economic Development Professional Services to the City of Lake Elsinore for the period of FY 2021/2022 through FY 2023/2024 and authorize the City Manager to execute the Agreement in substantially the form attached and in such final form as approved by the City Attorney. Background Beginning in April, 2014, the City of Lake Elsinore engaged Development Management Group, Inc. (aka DMG Economics) to provide specific economic development professional services related to market research, retail recruitment and serving as a project ombudsperson. In June, 2018 the City of Lake Elsinore contracted with DMG Economics under the current three (3) year agreement to provide professional services. Since beginning first entering a contract with the City, Development Management Group, Inc. assisted in the following economic development priorities: 1. Served as a project ombudsman on the Wal-Mart project. Walmart opened its new store in March, 2021. The pad development is now commencing with ground-breaking to occur in June, 2021 for Raising Cane’s and construction slated to begin in July/August for AutoZone and Taco Bell. 2. Served as project ombudsman for new Lake Elsinore Honda Dealership. 3. Served as project ombudsman for Central Place (Marshall’s Skechers, Ulta, Five Below, Pielogy, Panera, Miguel’s Jr., Ono Hawaiian, Verizon and Bright Now Dental). 4. Assisted in recruitment of Chick-Fil-A, Aldi and additional Starbucks facilities to City of Lake Elsinore Development Management Group, Inc. May 25, 2021 Page 2 5. Represented the City at ICSC-Las Vegas and Western Regional ICSC (San Diego and Los Angeles). We have both hosted various brokers, developers and retailers and participated in 20+ meetings at each event. This has led to several developer and retailer relationships that have manifested themselves in new businesses in the City of Lake Elsinore (or under construction). 6. In Spring of 2020, as the pandemic began, and business interruptions took place, DMG, Inc. took an active role in presenting webinars to assist businesses with understanding how to access Small Business Administration Payroll Protection Program (PPP) Loans. Over a period of between 45-60 days, we presented to over 200 businesses through Zoom as well as providing one on one assistance to about 30 businesses. 7. In Spring of 2020, as the pandemic began, and workplace interruption took hold, DMG, Inc. took an active role in presenting webinars to homeowners to assist them with how to utilize the CARES Act Forbearance Program as well as how to communicate with their utility company(ies). Over a period of about 30 days, we assisted about 50 homeowners with this needed information. 8. Participated as an economist in the evaluation of Alberhill Villages Specific Plan. Our work helped the City successfully negotiate a Development Agreement with the project applicant. 9. Generated a Long-Term Economic Development Strategic Plan that addresses retail, office, industrial and residential. 10. Completed Retail and Hotel Market Analysis that has been used by various developers and retailers (along with hoteliers) to make investment decisions. 11. Participated on team from City to design and implement a Cannabis-Related Business strategy including the Application/CUP Process as well as completing Fiscal Impact Analysis and working with City Attorney’s Office and applicants on Development Agreements. 12. Created Annual Market Demographics and Retail Market Opportunity that is used by retailers, brokers and developers (distributed via email, hardcopy and at special events). 13. Working with City Attorney and Administration, formed new JPA and negotiated agreements with SMER Research 1, LLC for the City of Lake Elsinore to take advantage of fixed pricing for electricity purchases (20-year agreement). Work also included a major amendment to the PPA to correct pricing issues within original PPA. 14. Provided Economic Impact Damage Analysis regarding the Lake Elsinore Diamond Stadium for use by Assistant City Manager/Successor Agency Assistant Executive Director and City Attorney/Agency Counsel in seeking approval from the California State Department of Finance regarding certain enforceable obligations of the former RDA. 15. Assisted in working with Pennington Partners on a new industrial park off Collier Street in Lake Elsinore. Development Management Group, Inc. May 25, 2021 Page 3 Discussion Over the past seven (7) years, DMG, Inc. has demonstrated the expertise, contacts, organizational, marketing and salesmanship skills necessary to continue to drive economic investment into the City of Lake Elsinore. Below is a synopsis of what they will continue to provide under the proposed agreement: 1. DMG, Inc. shall have professional and functional responsibility for the implementation of the Economic Development Strategic Plan during the period of the contract proposed. 2. During the time that the Plan is being generated, DMG, Inc. shall continue to serve as a project ombudsman for various projects within the City. 3. DMG, Inc. shall continue to follow-up in regard to development and retail leads (generated at ICSC, Retail Live, ACRE and organically within the City/community). 4. DMG, Inc. shall coordinate with the Lake Elsinore Chamber of Commerce to provide appropriate professional support to assist them with franchise recruitment. Said support may include general and specialized market studies, providing contacts and assisting with an understanding of project financing. 5. Demographic research for the City of Lake Elsinore and the surrounding market area. 6. Retail market opportunity analysis for the City of Lake Elsinore and the surrounding market area. 7. Customized research for particular companies that the City of Lake Elsinore is targeting for location, expansion and/or relocation. 8. DMG, Inc. presentations to business prospects (retail, commercial and industrial) in support of efforts to attract additional investment into the community. 9. Economic, employment and/or fiscal impact analysis of proposed development projects in an effort to properly provide information to the residents, businesses, council members and staff within the City of Lake Elsinore. 10. Preparation for and represent of City of Lake Elsinore at industry tradeshows including the International Council of Shopping Centers (ICSC) Las Vegas International and Western Regional Conference(s). 11. Project management and ombudsman services to the City of Lake Elsinore serving as a go- between and on-going communicator between the City and a developer/development project. 12. Provide Economic Development Training to City of Lake Elsinore staff, business leaders, appointed and elected officials. 13. DMG, Inc. shall serve as a project coordinator, ombudsperson and liaison with funding sources at the County, State and Federal level as it pertains to helping achieve economic development objectives in the City of Lake Elsinore. Development Management Group, Inc. May 25, 2021 Page 4 14. Additional economic development, micro-economics and post-redevelopment related services as needed (and mutually agreed upon). The proposed agreement has a three (3) year term. City staff and DMG, Inc. concur that a long - term commitment is needed to continue fostering a pipeline of projects. That said, the proposed allows for a 90-day Notice of Termination that can be "triggered" by either party with or without cause. Fiscal Impact The three-year proposed agreement is based on a monthly retainer of $12,000 per month for the duration of the thirty-six (36) month Agreement (Fiscal Years 2021/22 to 2023/24). Exhibit(s) A – Agreement B – Proposal C – Overview of Business Activities @BCL@7C0FCA2C Page 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN DEVELOPMENT MANAGEMENT GROUP, INC. AND THE CITY OF LAKE ELSINORE ECONOMIC DEVELOPMENT CONSULTING SERVICES This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 1, 2021, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Development Management Group, Inc., a California Corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services in the areas of economic development and economics as identified in Exhibit A. B. Consultant has submitted to City a proposal, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification, and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed-upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. Page 2 c. Term. The term of this Agreement shall commence upon execution of this Agreement (effective July 1, 2021) and shall continue until Suspension or Termination (Section 6 of this Agreement) or June 30, 2024, in accordance with the Consultant’s Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed twelve thousand dollars per month ($12,000) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. 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 ninety (90) days prior written notice. Upon receipt of such 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. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. Page 3 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant ’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant’s Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. Page 4 b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular busine ss hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 9. Independent Contractor. a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. 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, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Page 5 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 13. Compliance with Laws. a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obliga tion of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of Page 6 law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnif ication and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. Page 7 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days writt en notice has been received by the City. Page 8 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Development Management Group, Inc. Attn: Michael Bracken, Managing Partner 41-625 Eclectic Street, Suite D-2 Palm Desert, CA 92260 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. Page 9 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to Page 10 make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page] Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Jason Simpson, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager “CONSULTANT” DEVELOPMENT MANAGEMENT GROUP, a California Corporation By: Michael J. Bracken Its: Managing Partner Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] EXHIBIT B EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] EXHIBIT A CONSULTANT’S PROPOSAL Compensation DMG, Inc. will provide a professional services timesheet and would reserve the right to bill for less than the retainer amoun t should the number of hours worked in a given month not justify the full retainer amount. The retainer amount shall e: FY 2021-22: $12,000 per month FY 2022-23: $12,000 per month FY 2023-24: $12,000 per month Costs within Retainer All professional services as described above shall be include in our retainer as will travel to ICSC Las Vegas, ICSC Western Region (San Diego or Los Angeles), The Lodging Conference (Phoenix, AZ) and ACRE (Various-Southern California). Travel to and from the City of Lake Elsinore, when desired, is also included. DMG, Inc. shall request travel reimbursement (to be approved in writing prior to incurring expenses) to other events/venues not shown above. DMG, Inc. shall be responsible for ancillary costs associated with certain office supply type materials in preparation for various projects (not inclusive of commercial-type designs or commercial scale/quality printing). DMG, Inc. shall have the ability to request reimbursement for extraordinary or unusual expenses. Such requests shall be made in advance of the expense and shall be within the established policy, protocol or guidelines of the City of Lake Elsinore. All payments to Consultant shall be paid by the City of Lake Elsinore within thirty (30) days of submittal of an invoice and a signed United States Internal Revenue Service W-9. Certainty of Fee Arrangement and Contract Limit DMG, Inc. shall commit to the proposed fee arrangement being in place until June 30, 2024 (end of the 2023-24 Fiscal Year) in an effort to provide the City of Lake Elsinore a stable professional services rate. Proposed Term of Agreement: Development Management Group, Inc. is requesting the City of Lake Elsinore consider a three (3) year agreement to commence on July 1, 2021 ending June 30, 2024. As you are aware economic development is an ongoing process which takes a level of planning, marketing, sales, follow-up and follow-through. Economic investment seeks certainty within the community including elected officials, appointed officials (namely the Planning Commission), community leadership and staff. A three-year commitment allows us to market a level of contract stability. Even under this type of arrangement both the City of Lake Elsinore and Development Management Group, Inc. shall maintain the ability to terminate a professional arrangement with ninety (90) days’ notice. Background and Scope By way of background, DMG, Inc. first began serving the City of Lake Elsinore on an “On-Call” basis in April 2014. In July, 2015 DMG, Inc. began a “Full Service” contract with your community under a three (3) year agreement that was subsequently renewed for an additional three (3) years in July, 2018. During this time, we have been active in the following projects/initiatives: 1. Served as a project ombudsman on the Wal-Mart project. Walmart opened its new store in March, 2021. The pad development is now commencing with ground-breaking to occur in June, 2021 for Raising Cane’s and construction slated to begin in July/August for AutoZone and Taco Bell. Note that the AutoZone appears to be what they call a sub-regional hub (a larger footprint store of about 7,500 square feet that has a larger selection than most stores). 2. Served as project ombudsman for new Lake Elsinore Honda Dealership. 3. Served as project ombudsman for Central Place (Marshall’s Skechers, Ulta, Five Below, Pielogy, Panera, Miguel’s Jr., Ono Hawaiian 4. Assisted in recruitment of Chick-Fil-A, Aldi and additional Starbucks facilities to City of Lake Elsinore 5. Represented the City at ICSC-Las Vegas and Western Regional ICSC (San Diego and Los Angeles). We have both hosted various brokers, developers and retailers and participated in 20+ meetings at each event. This has led to several developer and retailer relationships that have manifested themselves in new businesses in the City of Lake Elsinore (or under construction). 6. In Spring of 2020, as the pandemic began and business interruptions took place, DMG, Inc. took an active role in presenting webinars to assist businesses with understanding how to access Small Business Administration Payroll Protection Program (PPP) Loans. Over a period of between 45-60 days, we presented to over 200 businesses through Zoom as well as providing one on one assistance to about 30 businesses. 7. In Spring of 2020, as the pandemic began and workplace interruption took hold, DMG, Inc. took an active role in presenting webinars to homeowners to assist them with how to utilize the CARES Act Forbearance Program as well as how to communicate with their utility company(ies). Over a period of about 30 days, we assisted about 50 homeowners with this needed information. 8. Participated as an economist in the evaluation of Alberhill Villages Specific Plan. Our work helped the City successfully negotiate a development that is (at least) revenue neutral versus the original proposal that would have put significant financial strain on the City. 9. Generated a Long-Term Economic Development Strategic Plan that addresses retail, office, industrial and residential. 10. Completed Retail and Hotel Market Analysis that has been used by various developers and retailers (along with hoteliers) to make investment decisions. 11. Completed Economic Impact Analysis of the Diamond Sports Complex (proposed). 12. Participated on team from City to design and implement a Cannabis-Related Business strategy including the Application/CUP Process as well as completing Fiscal Impact Analysis and working with City Attorney’s Office and applicants on Development Agreements. 13. Created Annual Market Demographics and Retail Market Opportunity that is used by retailers, brokers and developers (distributed via email, hardcopy and at special events). 14. Working with City Attorney and Administration, formed new JPA and negotiated agreements with SMER Research 1, LLC for the City of Lake Elsinore to take advantage of fixed pricing for electricity purchases (20-year agreement). Work also included a major amendment to the PPA to correct pricing issues within original PPA. 15. Provided Economic Impact Damage Analysis regarding the Baseball Stadium for use by Assistant City Manager and City Attorney in seeking appropriate authority/permission from the California State Department of Finance regarding certain contractual obligations of the former RDA. 16. Assisted in working with Pennington Partners on a new industrial park off Collier Street in Lake Elsinore. 17. Assisted in market analysis and communication with Kaiser Permanente regarding a six (6) acre site they have now acquired on Dexter (near 2nd Street) for a Center of Excellence (integrated medical facility) Professional Responsibilities of DMG, Inc. 1. DMG, Inc. shall have professional and functional responsibility for the implementation of the Economic Development Strategic Plan during the period of the contract proposed. 2. Work on re-use of former Walmart on Grape Street (as well as former Von’s store). 3. Work to attract additional retail development throughout City including, but not limited to Summerly, Railroad Canyon, Central, Downtown, Riverside Avenue and Nichols Road. 4. Work with industrial/flex developers to generate additional space for business recruitment. 5. Work with potential medical users/providers to locate in the City of Lake Elsinore to provide additional medical services and employment for area residents. 6. Work with professional office users to locate in the City of Lake Elsinore to provide additional serves and employment opportunities. 7. DMG, Inc. shall continue to follow-up regarding development and retail leads (generated at ICSC, Retail Live, ACRE and organically within the City/community). Note: DMG, Inc. recently invited to become a member of Board of ACRE which is the trade association where the most active/productive retail brokers in Southern California gather. 8. DMG, Inc. shall continue to work with six (6) or so landowners and developers in the La Strada area to reach agreement for a Road and Bridge Benefit District (RBBD) and related Development Agreements (in process). 9. DMG, Inc. shall coordinate with the Lake Elsinore Chamber of Commerce to provide appropriate professional support to assist them with franchise recruitment. Said support may include general and specialized market studies, providing contacts and assisting with an understanding of project financing. 10. Assist City Manager relative to inquiries regarding large-scale distribution/logistics development in the City and prepared to provide economic/job/fiscal impact analysis as well as helping guide developers to appropriate locations in the City. 11. Demographic research for the City of Lake Elsinore and the surrounding market area. 12. Retail market opportunity analysis for the City of Lake Elsinore and the surrounding market area. 13. Customized research for companies that the City of Lake Elsinore is targeting for location, expansion and/or relocation. 14. DMG, Inc. presentations to business prospects (retail, commercial and industrial) in support of efforts to attract additional investment into the community. 15. Economic, employment and/or fiscal impact analysis of proposed development projects in an effort to properly provide information to the residents, businesses, council members and staff within the City of Lake Elsinore. 16. Based on status of LEAPS (pump/storage electric facility) produce economic/job/fiscal impact analysis as desired by City Manager or City Council for policy purposes. 17. Preparation for and represent of City of Lake Elsinore at industry tradeshows including the International Council of Shopping Centers (ICSC) Las Vegas International and Western Regional Conference(s). 18. Preparation for and represent City of Lake Elsinore at Lodging Conference in Phoenix, AZ (early fall each year). 19. Project management and ombudsman services to the City of Lake Elsinore serving as a go-between and on-going communicator between the City and a developer/development project. 20. Provide Economic Development Training to City of Lake Elsinore staff, business leaders, appointed and elected officials. 21. Additional economic development and post-redevelopment related services as needed (and mutually agreed upon). Economic Impact Reports From time to time, the City will desire an Economic Impact Report (brief) that contemplates the anticipated tax revenue along with employment and wages from a potential project. These reports (as have been done in the past on such projects as Diamond Indoor Sports, WakeRider, La Quinta Inn & Suites, Vantage Auctions, Walmart, Diamond Sports and Central Place) are included in our retainer services. Fiscal Impact Reports From time to time, the City may desire a full Fiscal Impact Report. These reports generally contemplate the impact to the City of Lake Elsinore from large scale endeavors such as residential development, specific plans, annexations and new major industries (such as cannabis). These are complex in nature and are specialized. These reports are not included within our retainer but are available upon request. In all cases whereby the City requests such services, a proposal will be generated for consideration. Note: that the difference if such report is within the retainer or not is whether the City is paying for the report or if a third- party (such as a developer or user) is paying for the report. In instances whereby the City is paying for the report (meaning not out of a Cost Recovery or Developer Deposit Account), such report is within our retainer and scope of services. In instances whereby the report is being paid for through a Cost Recovery or Developer Deposit Account, said Economic or Fiscal Impact Analysis are not part of DMG, Inc.’s retainer services. Copyright Reservation DMG, Inc. has proprietary claims on three professional service products. These include a) Fiscal Impact Analysis, b) Economic/Job Impact Analysis c) EB-5 Economic & Job Creation Analysis. While DMG, Inc. may be asked to provide these services to the City of Lake Elsinore, it shall be understood that DMG, Inc. shall reserve the right to copyright work completed. Further, the City of Lake Elsinore shall be granted unlimited use of said reports in their final form. Note that the copyright provision is to protect the intellectual property (form, style, function) of DMG, Inc.'s work rather than to limit the dissemination of the work. Insurance Development Management Group, Inc. shall have a Certificate of Liability Insurance (ACORD) with the City of Lake Elsinore named as additional insured prior to commencement of any work under this Agreement. DMG, Inc. respectfully requests that the City of Lake Elsinore accept the following insurance limits as satisfactory based on the professional services being provided. Professional Error & Omission Issued by: Continental Casualty Insurance Company / Policy Number: 425311802: $1,000,000 Commercial General Liability Issued by: Sentinel Insurance Company, Limited 57SBABL3808 Commercial General Liability: $2,000,000 Personal and Advertising Injury: $2,000,000 Medical Expense (any one person): $10,000 Damages to Premises Rented to DMG, Inc.: $1,000,000 Aggregate Limits Products-Completed Operations: $4,000,000 General Aggregate: $4,000,000 Umbrella Liability: $1,000,000 (each occurrence & aggregate) Automotive and Automobile Liability Issued by: California Automobile Insurance Company / Policy number BA040000053660 Combined Single Limit (each accident): $1,000,000 Hold Harmless Development Management Group, Inc. shall hold the City of Lake Elsinore harmless regarding any claims resulting from personal injury or automobile accidents. Termination In the event that the Consultant does not perform the work in this Agreement or becomes unable to perform such work, the City of Lake Elsinore shall have the right to terminate this Agreement with ninety (90) days written notice. At such time, Consultant shall have the right to submit an invoice for work performed to date along with the actual work performed to the City of Lake Elsinore. The City of Lake Elsinore shall have thirty (30) days for which to make payment to Consultant for all work performed prior to termination. DMG, Inc. shall also reserve the right to terminate the provision of professional services to the City of Lake Elsinore with a ninety (90) day notice. In such case as either the City of Lake Elsinore or DMG, Inc. terminates services under this Agreement (or at the end of the contract), DMG, Inc. shall be responsible for providing a final "Project Status Report" and an electronic version of all files pertaining to economic development work in the City of Lake Elsinore Disclosed Ownership/Directorship in Publicly Traded Company Michael Bracken as the Managing Partner of Development Management Group, Inc. is individually involved as a Founder and Director of Community Valley Bank based in El Centro, CA. His ownership (inclusive of shares held (directly, and in trust) as well as options does not exceed 5% of the total outstanding ownership of the bank. The company trades under Stock Symbol CMUV. Under an abundance of caution, Michael Bracken shall not vote on any loans that may be considered by the bank in the City of Lake Elsinore. It is disclosed that as a Director, Mr. Bracken does receive compensation but said compensation is NOT based on referrals nor a percentage of any particular customer or loan transaction. Exclusivity Under this proposed retainer agreement, DMG, Inc. would agree to NOT represent any other community within the market area of Lake Elsinore. This shall include Corona, Wildomar, Temecula, Murrieta and Menifee nor any project in that general area within the County of Riverside. Conflict Procedures & Disclosures DMG, Inc. is a highly experienced economic development consulting firm and does have both active and inactive clients throughout Southern California. Within the Inland Empire specifically, we have a contract with and Elmore Sports Management (the operators of the Inland Empire 66’ers MiLB Single A Professional Baseball Franchise). In the event that there is a potential conflict whereby a particular community DMG, Inc. is working on behalf of and a specific business client (that is negotiating or comparing multiple communities represented by DMG, Inc.), DMG, Inc. shall offer to represent the first community that identified that particular client to DMG, Inc. Development Management Group, Inc. economic development ◼ fiscal & economic impact analysis ◼ development management ______________________________________________________________________________ 41-625 Eclectic Street, Suite D-2 ◼ Palm Desert, CA 92260 Office: (760) 346-8820 ◼ Mobile: (760) 272-9136 michael@dmgeconomics.com ◼ www.dmgeconomics.com Overview of Business Activities Development Management Group, Incorporated (DMG, Inc) specializes in services related to economic analysis, forecasting, site selection, development management, market/development feasibility, EB-5 Visa employment analysis, financing and economic development activities. Foundation of Experience and Results The company founder, Michael Bracken brings over 25 years of local, regional and state government experience in the fields of microeconomics, economic development, redevelopment, housing and sales and use tax administration. Bracken holds a Bachelor’s Degree in Business Administration and a Master’s Degree in Public Administration from The California State University San Bernardino (CSUSB). He co-designed CSUSB’s Master’s level course titled Management of Local Economic Development, which trains economic development professionals in business recruitment and effective use of financial and tax incentives. Bracken has completed over 250 economic, job and fiscal impact anal ysis. He is widely quoted in media throughout Southern California and advises various local, state and federal elected officials on matters pertaining to the economy and has testified before state and federal legislative bodies as well as serving as an ex pert witness in both state and federal courts. Bracken is a co-founder and serves on the Board of Directors of Community Valley Bank, a publically traded financial institution headquartered in Southern California. Bracken has served for over 20 years as a member of the Desert Sands Unified School District Facilities Development Board is a former member of the California State University San Bernardino (CSUSB)-Board of Governors as well as a former member of the Riverside County Workforce Development Board. Finally, Bracken is a former NCAA distance runner and a TAC/USATF All-American in Cross Country. As a Master's Level athlete, he has held both national and world rankings and competes as a member and Co -Captain of the Jamul Toads. Professional Recognition * Three-Time Award of Excellence Winner: California Association for Local Economic Development (CALED) * Eight-Time Award of Merit Winner: California Association for Local Economic Development (CALED) * Gannet/Desert Sun: Top 75 Leaders in Histo ry of the Coachella Valley (2002) * Inland Empire Business Journal: Top 40 Under 40 Business Leaders (1999) * California State University Alumni of the Year by the President of C SUSB and the Chancellor of the CSU (2007) List of Market Analysis Projects (Direct and Commissioned Reports): Big 5 Sporting Goods Chipotle City Wok Restaurants Costco Corporation Ford Motor Company Kia Motors Starbucks Toyota Motor Corporation (both USA & and Mexico) Development Management Group, Inc. Corporate Profile Page 2 of 2 Our Client List for Economic, Job & Fiscal Impact Analysis (Including EB-5): AEG Live/Goldenvoice, LLC (Economic Impact Analysis: Coachella & Stagecoach Music Festivals) Berkshire Hathaway, Inc. (Pilot Flying J: Transportation Related Facilities) Cilion, Inc., (Ethanol Production Facility) City of Imperial, California (Pre-Annexation) Communities for California Cardrooms County of Imperial (Renewable Energy Generation, Food Production & Prison/Detention Facilities) Denley Development & Management (Mixed-Use New Construction Development-Los Angeles) Edison Mission Energy, an Edison International Company (Solar Energy Development) Elmore Sports Group, Limited (Owner/Operator Baseball, Soccer & Hockey Franchises) Fortiss, LLC (Cardroom Gaming Establishments in California) Imperial Valley College (Economic Impact of College Campus) Keystone Planning Area (County of Imperial / City of Imperial) Liberty Energy, Imperial County & Kern County (Biomass Energy Production) Madaffer Enterprises (Short Term/Vacation Rental Economic Impact Palm Springs / Coachella Valley) Manheim Investments, Inc.-Riverside, Fontana and Anaheim, California (Wholesale Auto Auctions) Natural Econometrics, Incorporated (EB-5 Analysis) Prologis / OSD Realty Sanitations District of Los Angeles County Mesquite Regional Landfill Tenaska Energy (Solar Energy Production) TMC Group (Hotel Development-City of Indian Wells) Wesley Oliphant (Tuscany Heights, LLC) (Expert Analysis-United States Bankruptcy Court) Our Client List for Development/Site Selection Projects Include: Guy Evans, Incorporated The A.C. Houston Lumber Company Tandem West Glass, Inc. The California State University Ferguson Plumbing, Inc. Hathaway & Sons Building Materials Sepulveda Building Materials, Inc. 10 West Motorsports, Inc. California Plastering, Inc. Tandem West Group, Inc. Manheim Auto Auctions, Inc. Chapman Enterprises, Inc. Liberty Energy Resources, Inc. Enjoy Development Our Client List for Public and Public/Private Partnership Projects Include: California State University San Bernardino Palm Desert Campus : School of Communication Market Analysis City of Colton CA: Economic Development and Fiscal /Economic Impact Consulting Services City of Desert Hot Springs, CA: Economic Development Strategic Plan & Implementation City of Imperial, CA: Economic Development Business Recruitment & Ombudsman Services City of Lake Elsinore: Economic Development Business Recruitment & Ombudsman Services City of Needles, CA: Economic Development Business Recruitment & Ombudsman Services County of Imperial, CA: Comprehensive Economic Development Strategic Plan & Three-Year Implementation Plan County of Riverside, CA: Countywide and Sub-regional Economic Development Strategic Plans Imperial Valley Economic Development Corporation: Marketing Plan & Internal Communications Plan / Lead Protocol/Investor Recruitment Program San Diego Regional Economic Development Corporation/National University Southern California Association of Governments Economic Growth Strategy Panel of Experts (San Bernardino, Riverside, Imperial & Kern Counties) Economic Forecasting Projects