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HomeMy WebLinkAbout4.03 East Dublin Fiscal AnalysisSTAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # ❑❑0-0© DATE: February 1, 2011 TO: Honorable Mayor and City Councilmembers FROM: =Joni Pattillo, City Manager SUBJEC`r. Consultant Agreement to update Eastern Dublin Fiscal Analysis Prepared By: Christopher L. Foss, Assistant City Manager EXECUTIVE SUMMARY: The City Council will consider. entering into a Consultant Agreement with Willdan Financial Services, Inc. to prepare the annual Eastern Dublin Fiscal Analysis. FINANCIAL IMPACT: This study will be paid through developer deposit accounts. RECOMMENDATION: Staff recommends that the City of Willdan Financial Services, Ir the City Manager to execute the not to exceed $25,000. Council adopt the proposed resolution approving the selection c. to update the Eastern Dublin Fiscal Analysis and authorize agreement with Willdan Financial Services, Inc. in the amount Subm' ed y Assistant City Manager Reviewed By City Manager Page 1 of 2 ITEM NO. 443 DESCRIPTION: The development of Area A in Dublin Ranch necessitated the construction of a fire station (Station 18) within Eastern Dublin to serve the area. The Master Vesting Tentative Map for Area A included several conditions, including one that required DR Acquisitions, L.L.C. to construct, equip, and dedicate a new fire station to the City. It was anticipated that the operation of the new fire station would add significant additional operational costs to the City, which could result in a deficit between the revenues generated and the costs of providing services to Eastern Dublin. To that end, the Master Vesting Tentative Map also included a condition that required DR Acquisitions to enter into an agreement with the City to fund the difference between the revenues generated in and the costs of providing services to Eastern Dublin. The agreement requires DR Acquisitions, L.L.C. to fund 100% of the deficit between the costs and revenues from the date of opening (July 1, 2003) until June 30, 2010. The agreement was approved by the City Council in October 2001 (Attachment 1). Since that time, five (5) additional developments/developers (The Quarry Lane School, Inc., Charter Properties, Pinn Bros., Standard Pacific Homes, and Braddock & Logan Services) have agreed to fund their respective share of the deficit, if any. This wi11 be.the last year of the Eastern Dublin Fiscal Analysis as required by the agreement. Each year, ari Eastern Dublin Fiscal Analysis is completed to determine the amount of deficit (if any). Staff contacted Willdan Financial Services, Inc. ("Willdan") to request a proposal to update the Eastern Dublin Fiscal Analysis. Willdan has completed the previous Eastern Dublin analyses and has completed several fiscal analyses for the City, including the Fire Impact Fee and Transit Center Fiscal Study. Willdan's proposal (Attachment 2) includes an update to the Eastern Dublin Fiscal model and an analysis of the revenues and expenditures in eastern Dublin. Willdan Financial Services, Inc. has proposed to complete the work for an amount not to exceed $25,000. Staff has prepared a Resolution (Attachment 3) for City Council consideration and adoption. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Deficit Funding Agreement (10-16-2001) ~ 2. Consultant Services Agreement with Willdan Financial Services, Inc. 3. Resolution approving the selection of Willdan Financial Services Inc. to update Eastern Dublin Fiscal Analysis Page 2 of 2 /~ ~ ' r G,ty af Dubt~n 4~1D~~ i~~c~~~ccfl ~fi4 4~ Ctiy Ciet~t C~ty o~ Dubi~e~ 10d C~tic Pta~ ~ubi~n, C~- 8~5~8 ~ Spac:e aban+e 1~ ~te 4~t~ R~~"~~ uEC ~ 3 zoo~ ~~~~~~ ~~ ~~~ ~ ~~~~~~~~ ~~ r~~~ut~e~~ ~~ ~a ~ ~~~~ ~~~a~ ~~~, ~ ~~ ~~~~ c~v~ ~~ ~~~~~~ ~~~~ ~~ ~~ ~~~~ ~~~~~ ac~ ~v~~ ~u~~~ T~9~S ~GRE~ARER~'~' d~di 4or ~~Qic~on 4h~s Q~d~y o# Ot~ob~r. 2009, ~S en~ ~nto bb ~nd ~fv~e~ ~ C~- a~f Dub6n, a~ muniap~l cocpo~on, ("~¢e C~ and ~~ ~cqu~st~ons, LL C, r~ ~~r~d i~bth~ carpor~on rt~op~°) R~ t~~ 1!n 99g3, ~he Cs~y Counc~ aP 8he Cdy adopbed 4h~ ~sbem DuaGn G~neaml Plan Arnendm~n4 ~nd ~~rn D~b~n Spea~c Pl~n ~e Spec~c Pt~ Th~ Sp~ci4ic Pi~n pro~des ~ p~an~un~ f~'k f~r 4~ fer~r~ gro~th and d-eve~ptr~~ ot approu~n~~r 3~30U acnes (cmiE~efy, "#~ Spec~ Pl~n ~'~ 2'i`~e Gene~l ~~n and Q~e ~p~c P~a~s inr.kade poa~s and ~a~aes to Qrev+~nt de~elopm~ ~4h~n 4~ E~stem ~de~ Pl~nnfr~g,~ ~~ SpecxAc ~dan Are~ (hene~n~~er axrl~c~~y'"~as~8ern ~ub1t~'~ f~ dr~nng upon and ditu~ing ~e fisca{ base af ~he ~rn~mder of 4he C~r 3 The ~edeioper a~ns ~rt~n g~POp~r~}f (°~ poP4ion og Q)ubtin Ranch J~er~a A') r~nthm the Spect~c ~n ~4re~ ~e~d mor+e ~~r~cular~y in E~ ~ wrt~'och ts ~ncorporated h~re~r~ by r+~f~ranv~ fn Juty af 2000, ihe Ctty ~opperoved ~ RAasQer YesQ~e~g ~e~aiave ~Aap ~r Dublten RBnch Ara~ ~ 4o d~r~ ~ 36~ ~a!- m~re pe~l ~r~o 12 sepac~ate parceis of ~ar~ous u~S~s, onc~uding ~ p~a~is ~r res~d~rrttal ~ 4~a~ e~ot~ld be subsequenR~y subdnn~ed by subs~tn~e ~nt~~~ ~ps ~ A.s par8 af ~h~ a~nn~ca~n ~~e 4~err~oay~4ha~~ ~~dud~ Dubfen ~t2~ Atea A, 4he Lsns, ~veEoper's pre~ec~s~or fn in~n~, ~g~ 4o e+ev~m~ns~ ~ C~I 4'oP 4tte deflci4 ~e4~reer~ the c~s#s ~ prov~d~~ ~~v~c~s ~o the n~w9y ~nn~xed te~aey and 4h~ raedenue ge~~~d ~h~n ~~e~ory an~xed 4r~ t~e C~jr ~'ca~s~an4 t~ fih~t a8reemen4,. the L~ns payme~ oB~i~ga4ioa~ts ~bermiraa4ed ~n .Dura~ 30.19g9 ~htn r~venue~.g~ra4ed to t~e C,gy w,thm ~e 4~mto~yy ext~d~d th~ oa~4s o~ ~r~avidrng se~~ ~0 44~e ~erdtory ~- ~+ ~~ u c ~ F~m~ ~at ~ . 3 ~ , ~ - I j - - - t Beea+~es+ cl ai ~bt~t- arsd DR -- --- - - --- - - - sedreenCoolsa~.~Secv~ca~b~~~d.~tf.a~no~~::. .. ~ . ~ ATTACHMENT ~ ~, a ~ ~'~" , 5 PursuaM to the condr~orss of approval of #he NJaster Veshng Tentatn~e Map ... for Dublm Ranch Area A(C~ty og Dublin Pla~rnng Comm~ss~on ResoEubon No OU-36j~ Developer is requ~ned, pnor to the complet~on o# a certain nttmber of resrclen~at un~ts w~thin Dubi~n 6tanch Area A~ to construct and dedir.ate a neMr fine station and fio prov~de gundmg ~or apparagus necessary 40 opera4e 4he fac~f~r 6 When the new iad)r~y becornes opera4ional, ~4 is esbmated that #he c~ast of prov~ding publ~c senrices 4o the Eastem ~?ublm Area may egam exceed revenues generated to the City from property ~thin the ~astern Dubitn Area 7 Acxordingly, Condr~on No '909 og fResolubon OQ~B (~r the Rl~as4er Vesbng Tentatnre Map) further requ~res the Developer 4o en#er m4o an agreemerrt ~n4h 4he Crty~ pnor to the recard~ort of the master f~nat map for Dublm Ranch Area A, Yo iund ~t~e drfferenoe bet~reen the revenues genetated m and ithhe oosfs sssociated v+~th servioes 40 4he Eastem Dublm ~. as defined belo~r, oommenpng upon the new fire stabon bec~ammg operat:onal - 8 The condrtions of approval fur#her obhgafe the Cr[~ to consider a fa~r and apAropna~te way of reimbursmg Developerfor some o~4he emaun4s pa~d ~o the Crty pursuent ta ~lhe agreemen4. ir~dudu~ r~e~uumg a~mers of property t~-dhin #he Eas4em Dublm Generaf Plan area vdho see~c C~r epproval af devetopment entrtlemen4s to pay a ~r and proporhonate sha~e of the amount of the defic~ pa,d by De~seloper ~or mstance, pursuar~4 to an annexat~on agr~eemenf, the dev~loper of a p~ert~ kr~ou~m as the Qu~rry Lane Sd~ool has agreed to pay the Crty 0 429~6 of 4he de~a~ 9 As nevv development occ~rs w~tn 4he F~stem Dub~in Area as ant~cipatt~d, d vwl! gener~ re~renues to 4he C~y 4~t wd1 reduc~e and, m the near future. ~I~mmatie #he aba~e-descr~bed deRc~ 4a Cons~stent w+th the goa~s and pol~c~es of #he General P~an and Specfic Plan, ~ and the re~ur~ts a~f the oondfions o~approvat o~the AllasterVesting Tenfiatrve ARa~, ~edeloper ar~i C~j- vu~h Yo en~r tnto en agreemerrt to assure Qhe Ctty tha4 ghe Developer ~n!! ~nd the defiat be~ween revern~es end cos#s ~or the Eastem Dubl~n Area AG~~~fIE~~' NU1lV THEREFORE. in cor~s~deratt~n oithe mutuat promts~s and cond~bons contamed herein, the Parfi'es agree as ~ofto~rs Sec~Ton 1 Ceneer~l Fuett- Sho~Ets ~1 Y~~ ~eve8ope~'s P~~~v~4 ~b~lgm8io~s~ ~f,rnbo~es Devetope~ shall pay the Ccqr 100% ('i OQ percent) of the defic~4, r~ any, betvv r.Ser~+se-~os~ General Revenues °Public Service Costs" shail mea e Ccty's General Fund providing pubtic sennces to ~he Eas4em Dublin f~a wh in Yhe same manner as cosfs are catce~lated c~i ~nde "General Revenues` shall mean 4hose revenues deposr~ed 4o the C~ty's Generat Fur~d fr~om property and mhabr~an4s wrthm the ~ment Setvveen Gty al Dublm ~d DRAcqu~sr6o~s- i. LC m Fund DeflcR Paga 2 of 6 Betwcen Costs a# Pravdtng Servk:e b mtd Reve~tttes GeneraQed in Ed~em Dubhn Oc#ober 46, 20Qt 3~~ ,. ,~ Eastern Dubt~n Area wh~ch sha11 be calculated m the sarr~e manner as revenues ar~e catculated c~ty w~de 'Eastem Dubun Ar~ea" shatl inc~ude a~ lands unthm the Eastem . Dublrn Genewal Plan Amendmen4 area tha4 are curnen#fy +~tlun or are annexed bo ~e ~ Criy hrn~ of Dubhn ~ ~tas~8ron oQ P~y~ng ~bl~g~~o~ 1The Developer's payment obliga~on under this Sec~on I shall begrn wt~en the new flre sta~on 4o be oons~ucted rn Eastem Dubiin (Fme S4abon 18} becx~mes opera4~a~al and sira114errn~nate June 30, 20'~0 ("Defic~t Penod'~ ~ ~ ~-mnaa~B ~r~cat An~f~~s The Cdy sha11 prepare a fisscal anaiys~s dunng the Dalicrt Penod m Apnl of each year to esbr~be the amount by ~n-htch Qhe Publ~c Service Cosf~s v~n1~ exceed General Ravenues The ~fsc:al ar~lys~s wdl be prepare~ on a ~! year b~sts (Juiy 1 to June 30) and wdl catcu~ the deftat ~ar the prec~ng fiscaf ye~r The ~cal enalys~s shail. in general, be ss agreed upon by le4~er bet~ree~ the City R~anager and Deevefoper Developer shall be responsible tfor Yhe costs og prepara~on af the sfiud~es t~. ~a~yenen9s 80 ~~ C!~ No later 4han October 9 of each year dunng the Oefic~t Per~od, Dedeloper shaii pay Qo C~ 9 00~6 of 4he defia4 be4wreen Pubhc Sen-ioes • Cos4s end G~rte~l R~venues gor 4he pr~aaedmg flscai year, b~ed on the fiscal ar~alys~, plus 9 a0°r6 0~ #he cost of 4he ~iscal ana{ysis descnbed m Sec~on I C . I~. Se~v~y ~or Pa~yrne~~~ ~lfhen ~n the ~udgmen# of the Crty RAanager e deflc~Y be~neen Publ~c Servsces Costs and Ceneral Re~enues ~ likeiy #o emst, ~reloper ~11 pr~nde 4he C~ty t~th ~ecunty ~ an amount~ wh~h shall not exc~d $500,a0Q. and ~mn sebsi~Yory 4o fhe Cr~y R~anager 4o become effec~-e onoe Fu~e Stat~ 'i 8 beaomes aper~onal (or sorrte o~tter m~uaqy agreeable dete), 4o secvre the paymenfs to th~ Cdy descnbed m Sec~on I D above The secxx~ may cor~s~st of a ~ le~er of credt4 or s~m~kv ~ns4rurr~nt The feQier o~ cx~edr~ tor t~mpat~ble secunty) may be - . replaced ~nnth a te~ber o~ cr+edif (or comparab}e secuniy) ~tt the ~t~nount og Qhe shortFall~ ~or suoceedmg years discbsed by the fisca~ anaEanaes b~ be per~om~ed each Apni pursuant to Sect~on t C ~ Reienbue~em~n8 ~rrm-~n ~er ~~y Owrt~e~ The C~r shaA cons~dec fair and apprapnate ways of reimbursmg Yhe Developer some of the amounts De~rebper may pe requrned to pay under thrs Secbon ! To the extent permifted by tauv, the Cityy shall requ~re o~nmers vf prope~y wrth~n 4he Eas~em Dublin Genetal Plan area 4hat seek C~ty apprwat af deve)opment e~tlements for such property to pay a fair and proportrona4e share af the amourrts tha4. Developer is required 4o pay pur,tuan4 4o this agreement Sec~ ~ddi4ional ~ovtato~s A Coa~c~~ of ~~ R~ci~l~ The Recrtals set 4~Orth i~ 4~~s ~qreement ~ are true and correcf and are a par4 hereo4 Agreemeo~ Seiween C3ry oi Uut~» and DR Aa~tt~idons, LLC ~C Fund Deflat P~ge 3 ot 6 Behveen COats a! Provtdr~g. Servfoe b~d Rev~nuas Gectera~ed m Eagtern bubl~nn Oc~ob~ i8, 2Q01 / ~ a~ y - ~. ~eee~s~ /~.4.sw~nc~~ The Part~es shall ~xecute, eckno~wledge, and defrver suc-h addfi~nai documents or ms4rumer~ts as maoy be nec~ssary Yo carry out tt~e iMent af 4hfs Agreement, mcludtng bu4 no4 Umrted~ to, thvse expressi~ refemed to in ~~s - ~qreement C, ~ets4~c$lon ~~~ir~~a~s~ t~~ Th~s Agr~ner~ is ert~ered mto ~n the Sfate of Calr~ornia and shalE be aons~ved ~nd m4erpneted ~ atxorclartce w~th rts la~rs ~ F~O~Y~~D~I018 O~ Sa~YYt~P~Bt@B~ffiICY'9 O$ DOCBABy?@PEg. Its E'.!'l~Nig tnta ~1t3 Agreemerrt, the Parbes represent tha4 they have rehed upon ~te legai sdv~ce of the~r attomeys wrhv arae tl~e. attomeys og theR cho~ce 'the Parties ~urther repr~ tha# 4he #erms of th~s ~lgrpemer-4 have been completety re~ by ~nd e~laur~ed ~a tl~em by their ~ aitomeys, and tha4 #t~ey fully understsnd and voluntanly accept those 4erms ~. ~a~4ton~~ip Eaoh Party and counsel for eac~ Party has r+ev~d and rev~ed th~s Rereement~ and accondMgly, the normal rute of construc~on to t~e etPece that a~ amb~gufies are 4o be nesolved agamst 4he dra~ng Parfy shail t~t be employed m~te ~r~erpreta~on of th~s ~-qresment o~ any amendrnent a~ d ~. AaaQ9~o~a$y Bo ~t~caa~. Each o4 the ~artles ~eptesenQs artd ~rartar~s that each has fu~ pa~-er ta errter u~4o th~s ~greoment . G. E~~ Ag~~n~ ~ndrnen~ Th~s Agreement satrs~es Condiban ido 109 of Re~olubon 00~-36 and oon~ains the en~r~ agreement befibeen t#~e 1~att~es ~ regard b~ the mattets set forth There are no adddwn~ ~rntten or oral ~ogre~amenCs or prom~ses betv~reen 4he Par~es c:onc~rning 4hese ma~ers tlrat ar~ not ~cpnessty set forth m gh~s qgreemetrt. This ~reemenY may be amerfded or mod,~ed onl~ by an agr+eement m a~ng execu4ec9 ~n the same manner as ~tus Agreemer~~ , ~ A~o~n~y~ ~~~~ 1n the ~vent m Pa~fy 40 ~rs qgreeme~t ~s ~ound m a court og k~nr 4o have breac,hed 4h~s ABreemer~t. sa~d Party shaU pay fbe o~osmg Part~s r+easonabfe at4orneys fees and cos4s incumed in lrhga~ng the br~each af contract acban 1 ~pproval o~ (Proaec~ By entermg ~nto this A~reement, C~iy malces no comm~tment tha~ it vinli approve fh~ Projec4. J. ~lo4~r•es Al! not~ces shap be by cetttfiec9 ma~I or h~d deln-ered io the Parhes as foqows Ageement BaM-a~n CRy of Dublln end DR Aoq~u~Orts. LLC to Fand Deflat Page 4 ot 6 Betwesn Casts otPravEduig Servloe b artd Re~ttes Genera~ed ~n Eas~r~ Oub~ Ocbab~ 18, 2001 -co e~ c~ c~, ~~r~ C~ a~ Dubbn 100 C~ P~a ~ O ~x 234~ C?ub4in, CA ~~BB To tho ~x~~r DR ~-cqu~ions~ ~..L C ~do ~n trod~~b~en 7477 KoB! ~etY~r O~y. Su~ ~20 Pie.~sa~rtms~, G$il~o~ni~ ~5~6-39 52 ~ ~~~~oeoo 1°h~.a ~~ sh~l b~ rec~t~ct aq~a~ ~e Pr~npe~ desc~bed a~ ~ ibi t~ por~~on a~ ¢~uban ~~ ~ A) 5~a~ fA4 ~fB'6°!~{~ ~~, f~ p~i~s ~v~ ~c~~ ~hes ~gce~r+~ ~ d~y end ye~ur ~rs4 ~bov~ ~ten C!~ 4~ D~D~LIR! d.o ~ 4~a ~ ~YD ~ l~pproved ~s to ~mn D(E!l~LOP~R ~ 03~ q~~ tOt~s~ C ~4s ~~ ~ ~~ ~ l ~~~ r `~= ~ ~'`~ ~ s,ty.~ c~jr~orr~y ~C~~- ~u. -~-. ~-4test ~ Crfy ~ ~~V~1f~Q~'~~~ ~"8'~i'I~~~1LI~ ,11r~Ilr~tavV11181i~ 9f~1 oo~t ot serVit~ 90a801 Sfo~ Ac,~eeiner-t Beiw~an C'ity of O~t~n ffiad' DRA~qu~~ LLC 9~ #"~xtd ~t'tdt Pa~s S ai $ Be~er-G09m~P~aYfdu~g.Slef~De.~Bn~fR~aeo~ra,~.ke:Es~ti4~1ub1~-.. . . Ot~ot~r.16.~1 , ~ I9155-2 ~ ,y ~ 10/11/O1 ~ . ~C BC ~ n~sca~rra~r PR4~~tTYSUBJECT TO' FIRB STATION AGREEA+J[EN'i' ~.L 'r~r~~ c~xr~r x~az. ~o~r srrva~n n~r ~ c~r og nusr~aus, courrr~r o~ AI.AM~DA, SI'ATE OF CALiFC~RNI~A, DS~CK~ED AS FQLLOWS. PARCBL 'C OF TRACT ?!35 AS SHOWN ON T~IE MAP OF TRACT .Tl35. F1L~BD FOR RECORD AUGUS"I' 1D. 2Q01 IN BUOIC 259 O~F MAPS. PAGfiS 5? THRU 63, ALAMEDA Cat3N'IY REC7~RDS .~ ffiV~1 OF D~1P~'ION ~ ~0 5~~ -- 7' (~iAN '~ af~ ~ °~b~ ~ DATE ~' ~ ' LICENSED ) V~C4R N{? ~I~ {EXP 9/30/fl4} ` ' ~. SI'ATB OF RI~A ~~t~~~ ~ ~C~p~ c~vn. e~a~~taw ~r~uwn~ azaz ~n o~s sua~ e. cn. 9a~easaas {42s1.Z2lf~o89D . i+~saa~aa~i . , ~ ~ ~ CONSULTfNG SERVECES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WILlDAN FINANCIAL SERVICES, INC. TNIS AGREEMENT for consu{ting services is made by and between the City of Dublin ("City") and Willdan Financial Services, Inc. ("Consultant") as of , 2011. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and the date of completion is specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Sectian 8. The time pravided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consuitant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normaily observed by a person practicing in Consultant's profession. 1.3 Assiqnment of PersonneL Consultant shall assign onfy competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any . time during the term of this Agreement, desires the reassignment of any such persons, Consultant sha{{, immediate{y upon receiving notice from City of such desire of City, re- assign. such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. SectEon 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $25,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. fn the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and'in.the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoiees to Consulting Services Agreement between January 2011 City of Dublin and Willdan Financial Services ' Page 1 of 17 ATTACHMENT 2 ~ ~ City in the manner specified herein, Except as specifically authorized by City, Consultant shali not bill City for dupiicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to,which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shail contain the following information: a Serial identifications of progress bilis; i.e., Progress Bill No. 1 far the first invoice, etc.; a The beginning and ending dates of the biiling period; - ~ A Task Summary containing the original contract amount, the amount of prior billings, the total due fhis period, the balance available under the Agreement, and the percentage of campletion; , a At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ~ H The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ~ The Consultant's signature. 2.2 Monthly Payment. City shali make monthly payments, based an invoices rece.ived, for services satisfactarily p.erformed, and for authorized reimbursable costs incurred. City shall,have 30 days from the receipt of an invoice that complies with all of the requirements a~ave to pay Consultant. 2.3 Final Pavment. City shall pay the last 10% of the total sum due pursuant to this Agreement within si~y (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactori{y performed. Consulting Services Agreement between January 2011 City of Dublin and Willdan Financial Services Page 2 of 17 ~ a~ ~ 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consuitant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hour1V Fees. Fees for work performed by Consuftant on an hourly basis shali not exceed the amounts shown on the Scope of Work under Budget (Exhibit A): 2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation pro~ided under this Agreement that shall not be exceeded. 2.7 Pavment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Pavment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant far all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. ~ 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3.. FACILITIES AND EQUIRMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. .City shall make available to Consultant only the facilities and equipment listed in this section; and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The locatian, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproductian facilities. Consulting Services Agreement between January 2011 City of Dublin and Willdan Financial Services Page 3 of 17 ~~ a ~. ~ectian 4. fNSURAIVCE REQUIREMENTS, Before beginning any work under this Agreement, Consuitant, at its own cost and expense, shali procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in cannection with the performance of-the work hereander by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in afl respects to the City. Consu4tant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shail not allow any subcontractor to commence work on any subcontract until.Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shail be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consuitant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Emplayer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely an a self-insurance program to meet those requirements, but oniy if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a seif-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consuftant, if a program of self-insurarice is provided, shall waive all rights of subrogation against the City and its officers, officials, empioyees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liabilitv insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shali maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00} per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial Generai Liability Insurance or an Automobile Liability form or other form with a generai aggregate [imit is used, either the general aggregate limit shall apply separately to fhe work to be performed under this Agreement or the general aggregate limit shall be at least twice the requ'ired occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resuiting therefrom, and damage to praperty resulting from Consufting Services Agreement between January 2011 City of Dub{in and Willdan Financial Services Page 4 of 17 ~ ~ a~~ ~b activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general 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 0402 (ed.~1/73) covering comprehensive.General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. ~ Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9("any auto"). No endorsement shall be attached limiting the coverage. 4.2:3 Additional requirements. Each of the foliowing shall be inciuded in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insured with respect to each of the following: liability arising out of activities performed by or an behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shali cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or se{f-insurance maintained by the City shaff be called upon to contribute to a lass under the coverage. d. Any failure of CONSULTANT ta comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. Consulting Services Agreement between. January 2011 City of Dublin and Wilidan Financial Services Page 5 of 17 ~a a~ ~ 4.3 Professional LiabiEitv Insurance. Consultant, at its own cost and expense, shall ~ maintain for the period covered by this Agreement professionai liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim, 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The po(icy must contain a cross liability ar severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years afiter completion of the Agreement or the work. The City shall have the right to exercise, at the Consuttant's sole cost and expense, any extended reporting-provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 A!1 Rolicies Re~uirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraqe. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates af insurance and with original endorsements effecting coverage required herein. The certificates and Consulting Services Agreement between January 2011 City of Dublin and Willdan Financial Services Page 6 of 17 i3~~ endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time, 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to afl of the ~ requirements stated herein, 4.4,4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercialfy available, or that the City's interests are othennrise-fuily protected. 4.4.5 Qeductib{es and Self-Insured Retentions. Consuftant shaif disciose to and obtain the approvai of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administratar, Consultant.may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductibfe or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of ~ them. 4.4.6 Natice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consuitant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the folfowing remedies, which , are alternatives to other remedies Gity may have and are not the exclusive remedy for Consultant's breach: ~ Obtain such insurance and deduct and retain the amount of the premiums for such ,. insurance from any sums due under the Agreement; Consulting Services Agreement between January 2011 City of Dublin and Willdan Financial Services Page 7 of 17 i~ a ~ a Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, untii Consultant demonstrates compliance with the requirements hereof; and/or ~ Terminate this Agreement. Section 5. INDEMfVIFICATION AND CONSULTANT'S RESPONSIBlL{TlES. Consultant shall indemnify, defend with counsel selected by the City, 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 miscoriduct 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 obligation of Consu{tant shall not apply when (1) the injury, loss of life, damage to property, or violation of. law arises wholly from the negligence or wiliful 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 faw. !t 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 indemnification 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. In the event that Consultant or any employee; agent, or subcontractor of Consuitant providing services under this Agreement is determined by a court of competent jurisdiction or the Cafifornia Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Gonsultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on beha{f 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. Section 6. STATUS OF CONSULTANT. 6.1 ~ndependent Coritractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1,3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ardinance to the contrary, Consultant Consulting Services Agreement between ~ January 2011 City of Dublin and Willdan Financial Services Page 8 of 17 15 a and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment,by City, including but -iot limited to eligibility to enroil in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consuitant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an , agent. Consultant shall have no authority, express or impiied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governinq Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall compfy with all laws applicable to the performance.of the wark hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comp{y with a{I app{icable ru4es and regufations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legal{y required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are fegally required to practice their respective professions. in~ addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal O~ortunit~r. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consu{tant sha{{ comply with all applicable federal, state, and local 1aws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive abligations required of Consultant thereby. ~ ~ Consulting Services Agreement between January 2011 City of Dublin and Willdan Financial Services Page 9 of 17 I~ ~ ~ Consuitant shall include the provisions of this Subsection in any subcontract approved by ~ the Contract Administrator or this Agreement. Section 8. TERMINATlON ANQ MOQIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consuitant. Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed ta the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or ali documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sofe and excfusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1,1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and - agrees that, if City grants such an extension, Gity shalf have no obligation to provide Consuitant with compensation beyond the maximum amount provided for in this Agreement. Similariy, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension.period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assiqnment and Subcontractinq. City and Consultant recognize and agree that this Agreement coritemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consuftant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Gontract Administrator. Cansultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. Ali obligations arising prior to the termination of this Agreement and all provisions af this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement, Consu{ting Services Agreement between January 2011 City of Dublin and Willdan Financial Services Page 10 of 17 17 a ~ 8.6 . Options u~on Breach bv Gonsultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the foilowing: 8.6.1 , Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consuitant pursuant to this Agreement; 8.6.3~ Retain a different consultant to complete the work described in Exhibit A not . finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work deScribed in Exhibit A that is unfinished at the time of breach and the amount that City wouid have paid Consultant pursuant to Section 2 if Consultant had , eompleted the work. Section 9. KEEPiNG AND STATtiS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, fi~es, or any ather documents or materia{s, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifical{y for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and wiil not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. 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 the City under this Rgreement for a minimum of three (3) years, or for any Ionger period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this. Agreement requires Consultant to maintain sha{f be made available for inspection, audit, ~ and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditar, at the Consufting Services Agreement between January 2011 City of Dub{in and Willdan Financiai Services Page i 1 ofi i 7 ~~ ~~ request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISION 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shail be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assiqns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a"conflict of interest," as that term is defined in the Palitical Reform Act, codified at California Government Code Section 81000 ef seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 ef seq. Cansultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an emplayee, agent, appointee, or official of the City in the previous twelve months, Consulting Services Agreement between ~ January 2011 City of Dubtin and Willdan Financial Services Page 12 of 17 I~ a ~ Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 ef.seq., the entire Agreement is void and Consuitant will not be entitied to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, wili be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Chris Foss, Assistant City Manager ("Contraet Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Jonathan Young, Senior Project Analyst Willdan Financial Services 1700 Broadway, Sixth Floor Oakland, CA 94612 Any written notice to City shall be sent to: Chris Foss, Assistant City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the repo~/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between Consulting Services Agreement between , January 2011 City of Dublin and Willdan Financial Services, Page 13 of 17 ~ p~ ~ City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. . CITY OF DUBLIN Joni Pattilio, City Manager Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney CONSULTANT . , - ~--~ Anne Pelej; Vice President . ~/ ~ .~ G:1ChrislEastern Dublin Fiscal Study 2009-101East Dublin fiscal consultant services agreement December 2QQ9.doc Consulting Services Agreement between January 2011 City of Dublin and Willdan Financial Services Page 14 of 17 a~ a~, ~ EXHIBIT A SCOPE OF SERVICES In response to the City of Dublin's ("City") request, Willdan Financial Services ("Willdan") is pleased to present this proposal to update the Eastern Dublin fiscal impact study for the City of Dublin ("City"). The following contains our proposed scope of services, project team member's, fee, and schedule to provide this service. 5~~~~ o~ ~~~~e~es We want to ensure our scope of services is responsive to the City of Dublin's needs and specific local circumstances. We wili work in concert with the City to adjust our scope as needed during the course of ~ . the study. Our proposed scope described in detail by task is provided below. We explain how we will accomplish each task and identify associated meetings and deliverables. Task 1: Update East DublPn Fiscai Impact IViodels The purpose of this task is to update the Eastern Dublin fiscal impact modeis for the FY 2009-10 budget. The overall approach and methodology of the models will remain essentially unchanged from the FY 2008-09 update and will inciude: ^ Case study analysis of fire costs; and ~ Detailed analysis of sales tax,.property tax, transient occupancy tax, and Vehicie License Fee in-lieu revenue. ~ In particular, the fiscal impact model will retain the approach that credits all retail sales tax revenue to Eastern Dublin retail development only. No credit is given to other land use types regardless of their spending patterns either within Eastern Dublin or in the remainder of the City. This approach has two effects on model results. First, excluding sales tax from spending by Eastern Dublin residents and businesses in the remainder of the City underestimates the overall net fiscal impact of Eastern Dublin on the City, though this underestimation is probably minimal. Second, within Eastern Dublin the net fiscal impact of non-retail land uses is underestimated and the impact of retaii land uses is overestimated. Assumptions in the models that will be updated as part of this task are described below: , ~ City staff will update the following data: m Provide an updated Eastern Dublin land use absorption scenario. The land use scenario will allocate absorption between the Santa Rita/Emerald Glen area and the remainder of Eastern Dublin. Existing development should be updated to July 1, 2010, with absorption through 2030 for each land use type. See Tables A1 and A2 in the appendix of the FY 2008-.09 report; . v Provide updated residential and employment estimates for the City of Dublin. If this information is unavailable, Willdan will utilize California Department of Finance data for current population estimates and ABAG for residential and employment projections; - o Provide updated actual sales tax generated in both the Santa Rita/Emerald Glen area and the remainder of Eastern Dublin for FY 2009-10; o Provide actual property tax estimates for both the Santa Rita/Emerald Glen area and the remainder of Eastern Dublin for FY 2009-10; and Consulting Services Agreement between January 2011 City of Dublin and Willdan Financial Services Page 15 of 17 ~a ~ Provide estimate for Eastern Dubiin fire protection (Station 18) costs for FY 2009-10 and into the future. Willdan will update the following revenue and cost assumptions: •. Per unit property value assumptions based on a review of recent sales from assessor roll data, and input from City staff, developers, and real estate brokers; m All per capita revenue and cost assumptions to FY 2009-10 budget data; e Per square foot retaii sales tax assumptions based on input from the City and other fiscal consultants; and e Transient~occupancy tax assumptions (room and occupancy rates) based on input from hotel managers. Task 2: Analyze Fiscal Irv~pact of Land l9se Scer~arios Willdan will analyze the,fiscal impact of the land use scenario using the updated models. The models will be calibrated to reflect current sales tax and property tax within Santa Rita/Emerald Glen and the remainder of Eastern Dublin. We will present preliminary results to City staff for discussion. Task 3: Draft Report and Attend Meetings Based on the results of the prior tasks, we wiil provide the Gity with an updated report that describes the fiscal impact of existing and projected development in Eastern Dublin on the City. We will prepare an administrative draft report for staff review, and based on comments received, prepare a final report. This task includes up to two (2) meetings with City staff, developers, and the Council to gather data, review preliminary results and administrative drafts, and present the final report. Nieetsngs/Sete Visifs Mr. Young will attend on-site meetings, as needed. He will work with City staff to set up meetings to keep the project on schedule. The. scope of services includes up to two (2) meetings with City staff, developers, and the Council to gather data, review preliminary results and administrative drafts, and present the final report. Additional on-site meetings may be requested for an additional fee based on our hourly billing rates. Required City Staff Support To complete our tasks on schedule, we will need the cooperation of City staff. We suggest that the City assign a key individual to represent the City as the project manager who can function as our primary contact. We anticipate that the City's project manager will: (1) coordinate responses to requests for information; (2) coordinate review of work products; and (3) help resolve policy issues. We will ask for responses to initial information requests within five business days, and follow-up requests also within five business days. If there are delays on the part of the City; we will contact the City's project manager immediately to get the project schedule back on track. We will keep the City's project manager informed of data or feedback we need to keep the project on schedule. Willdan will endeavor to minimize the impact on City staff in the completion of this project. - Furthermore, Willdan will rely on the validity and accuracy of the City's data and documentation to complete our analysis. ' Consulting Services Agreement between January 2011 City of Dublin and Willdan Financial Services Page 16 of 17 a~ ~~o~~~~ ~~~~ Mr. Eric Nickell, Principal Consultant, will be the principal-in-charge with responsibility for ensuring that the finat product meets or exceeds your expectations. Mr. Jonathan Young will serve as project manager and is responsible for contracts, scheduling (timing and deliverables), objective review throughout the studies' development, quality control, and will be the City's main point of contact. Additional analytical support will be assigned to the City of Dublin's project as needed. ~~~~ ~~~ ~e~°~~~e Willdan will complete the scope of services for a fixed price fee of $25,000, including all direct expenses. We will in~voice the City monthly based on the percent of each task completed using the following schedule of total costs by task: Task 1 $12,000 Task 2 8,000 Task 3 5,000 ~~~~~9~9~ We will provide an administrative draft report within 120 days of receiving all updated assumptions from City staff noted in Task 1. We will provide a final report after receiving comments on the administrative draft from the City. ~~~~~~~~~6 ~~~~~~~~ Additional services may be authorized by the City and will be billed at our then-current hourly overhead consulting rates. Our current hourly rates are: , ` °+ ,~ -~ ~ ~ 'u ..-~ ra 7 0 .~ ~ ~e r ° ~ ,~., w.; . . ~. V~ r i t t ~ b ~ 9 ~ 4 ~ ~ } ''}yy~'{~ s ?~ ~ ~ y 'c ... ~ a 1 ;, -~. c ~? ~. ~ x' ~ ' ~ F E ~i'~'i ~ ' i ~ ~ N ~ z~: ~1~' ~ a . c i! n , , ~ . - ~`iy„ ,, ' . 4f~ rT ( ,f ~~ b Position Hourly Rate Group f~~lanager ~a210 Principaf Consultant 52.00 Senior Project Manager $165 Project Manager ~145 Senior Project Analyst ~130 Senior Analyst 5120 Analysi $100 Rnalyst Assistant ~75 Consulting Services Agreement between January 2011 City of Dublin and Willdan Financial Services , Page 17 of 17 ~a RESOLUTION NO. XX - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING THE SELECTION OF WILLDAN FINANCIAL SERVICES, INC. TO UPDATE EASTERN DUBLIN FISCAL ANALYIS WHEREAS; in July 2000, the Planning Commission approved Master Vesting Tentative Map 7135 for the development of 562 homes and a golf course in Dublin Ranch Area A; and . WHEREAS; the developer, DR Acquisitions L.L.C. agreed to enter into an agreement with the City to fund the difference between the revenues generated in and the costs of providing services to eastern Dublin (October 2001); and WHEREAS; the agreement required that a fiscal analysis be completed on an annual basis; and WHEREAS; the goals and policies of the Eastern Dublin Specific Plan require development to be at a minimum revenue neutral; and WHEREAS; the fiscal analysis will enable City Staff to determine the deficit (if any) in eastern Dublin; and WHEREAS; Willdan Financial Services, Inc. has a clear understanding of the project scope and is able to perform the requested task. NOW, THEREFORE, the City Council of the City of Dublin does hereby select Witldan Financial Services, Inc. to update the Eastern Dublin Fiscal Analysis and authorizes the City Manager to execute the Consultant Services Agreement with Willdan Financial Services, Inc. in an amount not to exceed $ 25,000. PASSED, APPROVED AND ADOPTED this day of February, 2011. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 3