HomeMy WebLinkAbout8.1 E Dub Fiscal AnalysisCITY CLERK
File # EIIOUNQ�
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 1, 2000
SUBJECT: Consultant Agreement to conduct Eastern Dublin
Fiscal Impact Analysis
Report Prepared by: Christopher L. Foss
Economic Development Director
ATTACHMENTS: 1. Conditions of Approval (106-110) — Dublin Ranch Area A
2. Consultant Agreement for Services
3. Budget Change Form
RECOMMENDATION: 1. Authorize the Mayor to execute agreement
1.0
� with MuniFinancial;
2. Approve Budget Change form authorizing transfer of
$12,500 from new revenues
FINANCIAL STATEMENT: The proposed Consultant Services are estimated at $12,500. A
budget transfer from new revenues — general fund, in the amount of
$12,500, will be required.
DESCRIPTION: The City of Dublin recently adopted a Fire Facilities Master Plan
wbich identified the City's requirements for two (2) new fire stations to serve the development in Eastern
Dublin. The new stations would include: Station 17 — a replacement station for the current station on the
Santa Rita Jail Facility and Station 18 — a new station east of Tassajara Road that will meet the residential
and commercial needs of that area. The new fire stations are expected to cost, inclusive of land, building,
and equipment, approximately $9.5 million.
The City of Dublin is experiencing a rate of growth in Eastern Dublin that exceeds the growth rates
anticipated in all of the adopted plans, including fiscal analyses of the area. It was anticipated that the rate
of growth would not require a new Fire Station (Station 18) until approximately 2010, but the current and
future rate of residential and commercial growth will demand that the fire facilities be constructed earlier
than anticipated to meet the operational requirements imposed by the City's contract with the Alameda
County Fire Department (i.e. 5-minute emergency response times). In addition to the operational
requirements, the City of Dublin will be required to pay for the costs of staffing Station 18 which will cost
approximately $1.5 million annually in personnel costs.
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COPIES TO:
ITEM NO.
H/cc-forms/agdastmt.doc 40#1
Due to its ultimate location outside of the Fire Deparunent's mandated emergency response times, the
first project to trigger the requirement for the new station construction will be Dublin Ranch - Area A.
The Planning Commission, at its July 25, 2000, approved Master Vesting Tentative Tract Map 7135,
which will allow for the development of up to :562 single-family homes and 'an 18-hole golf course.
During the review of this project, staff and the developer acknowledged the Eastern Dublin Specific Plan
- Policy 10-1 which stated that new development would "Fund the full costs of the on-site and off-site-
public infrastructure and public services required to support development in the-Specific Plan area from
revenues generated by development within that Specific Plan area" and recognized that, before the City
can commit to the staffing requirements outlined for Fire Station 18, it will be necessary to complete a
fiscal analysis to determine when new development under the Eastern Dublin Specific Plan will generate
sufficient revenues to fund the annual operating costs for Fire Station 18.
As part of the Master Vesting Tentative Tract Map 7135, the developer of Dublin Ranch - Area A, agreed
to conditions 106 through 110 which committed the developer to construct a new station (and receive
commensurate development credits), fund the operational cost deficits until July 1, 2010, and pay for the
cost of a fiscal analysis to determine the amount, of current.revenues and costs (see Attachment A). The
developer has agreed to pay for the costs of the proposed study, as part of his project approvals (ConditiOn
110). It is expected that the costs of the report will be reimbursed by future applicants/developers who will
be required to pay a fair and proportionate share of the report's costs as a condition of-their project
approval(s).
The City requested and received a proposal from MuniFinancial to complete the work for an amount not
to exceed $12,500 (see Attachment 2 for consultant agreement and proposal). It is anticipated that the
fiiian~ihl model could be completed within six (6) weeks of receiving notice to proqeed. The proposed
project manager, Robert Spencer, is currently completing an update to the City's Fire Facilities Impact
Fee Study and his familiarity with City and Fire Department operations will require minimal staff support
to complete the analysis. The funding for this project wilt' come from new revenues, in-. the anmum of
$12,500, from the developer of Dublin Ranch - Area A (see Attachment 3).
RECOMMENDATION
It is staff's recommendation that the City Council authorize the Mayor to execute an agreement with
MuniFinancial to conduct an Eastern Dublin Fiscal Impact Analysis and approve a budget change form
authorizing an appropriation of $12,500 from new revenues.
t# CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
sidewalks or curbs unless otherwise determined by the Director of .
Public Works and the Director of Community Development.
103. Landscaping in Parks, Open Spaces and Stream Corridor Parcels. PW, PL Occupancy of
The landscape improvements for the streetscape adjacent to the Golf the first unit
Course (Parcel G) and other landscape/trail corridor parcels shall be and the
installed by Applicant/Developer concurrently with the development direction of
of the adjacent residential parcels unless otherwise specified by the the Director of
Community Development Director. Public Works
104. Landscaping at Aisle Intersections. Landscaping at intersections PW, PL Occupancy of
shall be such that sight distance is not obstructed. Except for trees, the first unit
landscaping shall not be higher than 30 inches above the curb in these and the
areas. ' ........ " direction of
....... the Director of
Public Works
10.5. l'):mmgc/l{ep:firs. If tlsecl as constructicm access, the Developer shall ! PW ()CCL~pancy O.:'
repair all damaged existing pavement, street, curb, gutter and first building
sidewalk ~long Antone Way, existing Fallon Road North Dublin
Ranch Drive, South Dublin Ranch Drive, resulting from construction
and vehicle traffic as a result of construction activities to the
satisfaction of the Director of Public Works.
10~ Permanent Fire Station. At no cost to the City of Dublin,
Applicant/Developer shall construct a permanent fire station and
dedicate the station, together with the land on which it is located, to
the City, and provide funding to acquire necessary fire apparatus and
equipment to operate an Engine Company from the station. No later
than 20 months prior to the anticipated date of Certificate of
Occupancy for the 312th dwelling unit in Areas A-l, A-6 and A-7"
(which anticipated date shall be determined by Applicant/Developer,
with City approval), Applicant/Developer shall submit a proposal to
City, for City approval, describing the land to be dedicated for the fire
station site. Once City has approved the location of the fire station
site, the Applicant/Developer shall enter into an improvement
agreement shall provide for security, in a form and amount
satisfactory to City, to secure the obligation to dedicate and construct
the station and shall include a provision indemnifying the City against
any claim related to compliance with all laws.
PL
Per Condition
· The improvement agreement shall be executed no later than 12
months prior to the anticipated dated of Certificate of Occupan'cy for
the 312th dwelling unit in Areas A-l, A-6 and A-7. The fire station
shall be constructed in accordance with CiD' specifications. Applicant
shall provide City with the funds required by City to purchase the
required apparatus and equipment or a guarantee of such funds, in a
form satisfactory to City at the same t/me the improvement agreement
is executed. Developer shall construct the fire station, provide the
funds to City to purchase the apparatus and equipment and dedicate
the land to the City in sufficient time to insure that the station is
complete and the apparatus and equipment are operational no later
ATTACHMENT 1
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
than six months after the issuance of the Certificate of Occupancy for
the 312th dwelling unit in Areas A-I, A-6, and A-7 of Master Vesting
Tentative Map 7135, provided however, than in no event will City
accept the land and fire station prior to July 1, 2004 (or July 1, 2003 if
the Applicant/Developer provides the City with an irrevocable letter
of credit in a form and amount acceptable to City guaranteeing
payment of the deficit between the general fund revenues generated
from the Eastern Dublin General Plan area and the cost of operating
the station the fire station from July 1, 2003 to July 1, 2004). A
failure on the part of Applicant/Developer to comply with any of the
above requirements ma55 result in CitY's.withholding of issuance of
building permits and/or certificates of occupancy for any of the
Property subject to this master tentative map. No Certificates of
Occupancy will be issued in any Areas shown on Master Vesting
Tentative map 7135 other than Areas A-l, A-6 and A-7 until the fire
station has been dedicated to City and the station is o~erational. ~
22
[ # CONDITION TEXT RESPON. WHEN SOURCE
· ! AGENCY REQ'D .
Prior to:
107. Optional Temporary Station. Thia option.shall be exercised only if PL Per Condition
a suitable permanent site for a fire station is not approved by the City
19 months prior to the anticipated date of Certificate of Occupancy for
the 312th dwelling unit in Areas A-l, A-6 and A-7. In such event, the
Applicant/Developer, at no cost to the City, shall provide a temporary
site, construct a temporary fire station and provide funding to City to
enable City to purchase apparatus and equipment to operate an Engine
Company from the temporary station. No later than twelve (t2)
months prior to the anticipated date of Certificate of Occupancy for
the 312th dwelling unit in Areas A-l, A-6 and A-7", ,
Applicant/Developer sha[! submit a proposal to City, for City review
and approval, describing the size and location of the temporary site, ~'
together with a proposal for S{ructures to be used forthe' temporary
fire station. In addition, no later than twelve (1~2) months prior to .....
~ Certificate of Occtipancy for the 312th dwelling unit in Areas A-i, A- ~
6 and A-7, the Developer will provide'City with the funds required by ~.
City to purchase the required apparatus and equipment or a guarantee
of such funds, in a form satisfactory to City. The temporary fire
station shall be constructed in accordance with City specifications.
Developer shall construct the temporary fire station, provide the funds .
to City to purchase the apparatus and equipment and dedicate a
" temporary righ~ to the land to the City in sufficient time to insure that
the station is complete no later than six months after the issuance of
the Certificate of Occupancy for the 312th dwelling unit in Areas A-1,
A-6, and A-7 of Master Vesting Tentative Map 7135, provided
however, than in no event will City accept the temporary interest in
] the land and fire station prior to July 1, 2004 (or July 1,2003 if the
Applicant/Developer provides the City with an' irrevocable letter of --
credit in a form and amount acceptable to City guaranteeing payment
of the deficit between the general fitnd revenues generated from the -
Eastern Dublin General Plan area and the cost of operating the station
the fire station from Ju!y 1, 2003 to July 1, 2004).
The City s n=,ht to use the property for the temporary fire station shall
terminate when a permanent fire station is constructed and is
operational. Once a permanent fire station is constructed and is
operational, Developer/Applicant shall, at its s0le cost, remove the
temporary fire station within three months of written notice frpm City.
A failure on the part of ApplicanffDeveloper to comply with any of
the above requirements may result in City's withholding Of issuance'
of building permits and/or certificates of occupancy for any of the
property subject to this master tentative map. No Certificates of
Occupancy will be issued in any Areas shown On Master Vesting '
Tentative map 7135 other than Areas A-t, A:6 and A-7 until the fire
-. station has been provided to City and is operational.
# CONDITION TEXT' RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
108. ~ptional Temporary Station. This option shall be exercised only if PL "' Per Condition
a'~able permanent site for a fire station is not approved by the City
19 rn~t,hs prior to the anticipated date of Certificate of Occupancy for
the 3 INd~velling unit in Areas A-l, A-6 and A-7. In such event, the
Applicam'~eveloper, at no cost to the City, shall provide a temporary
site, constru% temporary fire station and provide funding to City to
enable City~ to~.rchase apparatus and equipment to operate an Engine
Company from tll~porary station. /
No later than twelve (Nmonths prior to the anticipated date of
Certificate of~Occupancy~r the 312th dwelling unit in Areas A~I, A- / · .
6 and A-7", A'pP'licant/Dev~i~,,per shall submit a proposal to City, for
C~ and approval, des'~ing the size and location of the ~' ·
tern op rary site, together with a p~/~osal for structures to be used for
! the~emp~raryf~n. Ina~tdi~ka, no later than twelve (12) . J
-I mo~ertificate of Occupa% for the 312th dwelling unit ~..
~d A-7, the Dev'elop~will provide City with the a~r
f~o purchase the req~d apparatus and _./
~a teof us ch funds, in a~ satisfactoryto~y.
~1 be constructed Nccordance,~ .~d[
City
specifications.
D~tion, pr,~e the funds
to C~~~en.t and/did'.~, e a .
~n sufficient~me t° inbox/re that--
the ~mt'~ s'i~hs..~er the issuan~ of ,
~d~' ngunitinArea&l, I
h6we~mporaryinterest in '~\ ... · .
; the land and fire station prior to July~.l~ 004.
'1 The City's right t° use the pr°p.e'Jt~Or the temporary fire statiOh shall N
terminate when a permanent ;f~ station is constructed and is N
operational. Once a perma~rnt fire station is constructed and is '
operational, Developer/~.p. h'c. ant shall, at its sole cost, remove the
temporary fire station~thin three months of written notice from City.
A failure on the pa/~rf ApplicanffDevelop, er to comply with any of I ·
the above requir~ents may result in City s withholding of issuance
of building ~.. s.,an, d/or c.erti, ficat.e.s of occupancy for any of the
property su~ct tot~ master tentative map. "
No c'e ~ficates of Occupancy will be issued in any Areas shown on
Ma/r Vesting TentatiVe m~p 7135 other than Areas A-l, A-6 and A-
~l~htil the fire statiOn has been prOvided t° City and is °peratiOnal' '"" X
9. C edit for Permanent Fire Station Land, Station and Apparatus. PL Per Condition
The Applicant/Developer will be entitled to a credit for the land
dedicated for the permanent fire station, the cost of construction of the
24
# CONDITION TEXT RESPON. WHEN SOURCE
.. AGENCY REQ'D
Prior to:
permanent fire station and cost of any monies advanced for fire
apparatus. The amount of the credit to be given for land and
improvements shall be determined by City's Public Works Director at
the time the Applicant/Developer enters into an improvement
agreement with City for construction of the fire station, using the land
values and costs of construction used by City in calculating City's
then-current Fire Impact Fee. The amount of the credit to be given for
fire apparatus shall be determined by the City Manager at the time the
Applicant/Developer provides funds for acquisition of apparatus,
using the apparatus costs used by City in calculating City's then-
current Fire Impact Fee. The amount of the credit, once established,
shall not be increased for inflation nor shall interest accrue on the
amount of the credit. The credit may be used by Applicant/Developer
~ against payment of City's Fire Impact Fee for any property within
Eastern Dublin owned by Applicant/Developer and, with written
notice to City, may be transferred to another developer in Eastern
i Dublin.
If the Applicant/Developer has not been able to use the credit within
ten years of establishment of the credit, the remaining credit shall
convert to a right of reimbursement, provided that the unused credits
sha!l convert to a right of reimbursement earlier than ten years once
· Fire Station 17 has been paid for by fire impact fees. The
Applicant/Developer shall enter into a Credit/Reimbursement
Agreement with City at the time the credit is established to provide
for. the use of the credit and the right of reimbursement, which
use/right shall be substantially similar to the provisions of the City's
Traffic Impact Fee Guidelines (as adopted by Regolution No. 23-99)
except that the right of reimbursement shall not terminate 10 y~ears
after it is established but shall continue until City has reimbursed
Applicant/Developer for all unused credits, provided any
reimbursement shall be from Fire Impact Fees collected from
developers within Eastern Dublin only.
If Applicant/Developer intends to convey its interest in all parcels
shown on the Master Tentative Map, the Applicant/Developer will
first enter into an agreement with City to secure the obligations of this
condition and wilt then assign such agreement to the owner of one of
Parcels A-1 through A-7. ..
110. Cost of Services. The Applicant/Developer will enter into an PL Per Condition
agreement with the City prior to recordation of the final map for this
master tentative map to fund the ~ifference, if any between the
revenues from the Eastern Dublin General Plan area on an annual
basis and the costs associated with services to properties in the
Eastern Dublin General Plan area. The agreement will provide that the
Applicant/Developer will annually deposit the amount of the deficit ,
for yearly operational costs for operating the fire station (whether
25
'# CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
p~rrnanent or temporary) when the fire station is operational and
terminating when there is no deficit between revenues and costs,
provided in no event shall the Applicant/Developer be responsible for
deficit funding beyond July 1, 2010. The agreement will include a
requirement that the Applicant/Developer pay the cost of a study to
determine the amount of current revenues and costs and periodic
study updates. The agreement will provide for security for the annual
obligation to the satisfaction of City.
The City of Dublin will consider fair and appropriate ways of
reimbursing Applicant/Developer some °fthe amounts
Applicant/Developer is required to pay to City pursuant to the
agreement described in the pr6ceding paragraph. To the extent .....
permitted'by law, the City will require owners of property within the
Eastern Dublin General Plan area who seek City approval of
developme'nt entitlements for such property to pay a fair and
proportionate share of the amount of the deficit paid by
Applicant/Developer pursuant to the above~described agreement.
111. Option to Advance Finds. As an alternative to the requirements of PL Per Condition
paragraphs A and B above, the Applicant/Developer may, no later
than 20 months prior to the anticipated date of Certificate of
Occupancy for the 312th dwelling unit in Areas A-l, A-6 and A~7,
advance to City the amount of money City determines is necessary for
City to acquire property, construct a permanent fire station and
purchase the necessary fire apparatus and equipment to operate an
Engine Company from the. station. Applicant/Developer will be
entitled to a credit as described in paragraph C above for an55 such
advance .....
This condition will be noted in the conditions of approval of the
tentative maps for all of the parcels shown on this master vesting
tentative map
12. Security for Applicant/Developer's Obligation to Provide Fire PL Per Condition
Station. This conditiofi will remain applicable to, and shall be a
condition on, any of the parcels shown on this Master Tentative Map
which are owned by Applicant/Develope? and Parcels A-1, A-6 and
A-7. If Applicant/Developer intends to convey its interest in all
parcels shown on the Master Tentative Map, the Applicant/Deyeloper
will first enter into an agreement with City to secure the obligations of
this condition and will then assign such agreement to the owner of one : ' ·
of Parcels A-l, Ao6 or A-7.
13. Vqildfire Management Plan The Developer shall comply with the F, PL, Recording ..
City's Wildfire Management Plan for covering long-term PW of Final
maintenance of the urban/open-space interface. The Plan Map
requirements shall be incorporated into the CC&Rs for the project.
14. Alameda County Fire Services, Rules, Regulations and F Issuance of
Standards. The Applicant/Developer shall comply with all Building
Permits '
26
STANDARD CONTRACTUAL SERVICES AGREEMENT ~ ,~ &O
THIS AGREEMENT is made at Dublin, California, as of 2000, by and between the CITY OF
""'"BLIN, a municipal corporation ("CITY"), and MuniFinancial ("CONTRACTOR"), who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall
provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at the time,
place and in the manner specified in Exhibit A.
2. PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at
the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments
to be. made'to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall, submit all
billings for said services to CITY in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B,
then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients
similar to CITY.
o
FACILITIES AND EQUIPMENT.
Except as set forth in Exhibit C, CONTRACTOR shall, at its
sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant
to this Agreement. CITY shall furnish to CONTRACTOR only the facilities and equipment listed in Exhibit C
according to the terms and conditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this
Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of
this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
COPIES TO: Consultants
Attachment 2 ITEM NO.
PA~g' 04
Any wdtt, n notioe to CONTRACTOR shall be sent to:
Division Mana~,~r
Oakla.nc], CA ~61~
Any written noli~ff to CITY ~ball bc li~nt to:
,City p[Dub!in ,~ttn,; ~h~d ~b~
Dub!i~, CA_ 9~56g
Exeeumd as of~ da~ fl~at a~ stat~;
'"(2ity A~orge~'
CITY OF DUBLIN
a municipal corporation
8 3gVd :×U~ d~ U~IONUNIJlNAN:aI 9E:8~ 00, 9~/Z0 089'ON 3qI3
EXHIBIT A
SCOPE OF SERVICES
SEE ATTACHED PROPOSAL DATED JUNE 16, 2000 FROM MuniFinancial
Exhib it A
Page I of l
5/4?99
MuniFinancial
Oakland OffiCe
1736 Frao..V, lin Strccl, Suite ,1.30
Oakland, CA 9461~
~onc: (510) 832~899
F=: (510) 83~-0898
June l6,2000
P,,ic~dakmbrose
CiwManager
Ci~ of Dublin
P.O. Box 2340
Dublin, CA94568
Subject: East Dublin Fiscal Impact Analysis
Dear Mr. Ambrose:
Based on om: earlier conversations, we u:nderstand that the City of Dublin is seeking the
assistance of MuniFinarmial to prepare a fiscal .impact analysis o£ the East Dublin Specific Plan.
Specifically, the City needs an estimate of when new development under, the Plan will generate
sufficient fiscal surplus to fund the operating costs o£ a new £zre station. This letter is to
confirm the scope, budget, and schedule for this engagement.
Scope of Services
The scope of services for this engagement by t~sk is described in detail below.
Task 1: Prepar~ fiscal impact model
We will prepare a citywide fisca.] re. oriel to estimate the impacts of new development. Impacts
refer to the operating budget impacts on the City's general fund. The model wiJJ. be ,~irailar to
the model prepared by Economic Rc~earch A,~ociates ira 1992 for t}~e City af~d used evaluate the
East Dublin proper.t?- tax excla,znge agreement.
The model will estimate tee cost of main. tainJ..og existing levels of service for r~.ew development,
and compare those costs to estimates of revenue gerierated by new development. For most
categories of revenues and costs, the model will use the City's proposed FY 2000-01 budget to
calculate per capita factors that are t}.ac~ appl.ied to a new development land uae ~cer~a.rio.
The model xvill deviate from a per capita approach in several areas. For property, sales, aiT'd
transient occupancy tax the model will use a c~se study approach to esti.mate revenues based on
the characteristics of anticipated development projects, t:or property tax the model will use
estimates of assessed '¢atue arid a formula that recognizes the constraints imposed by
Proposition 13. For sale~ ~,.ad rxala,~icnt occupancy rare= the model -~-ill use estimates of sales
pe.r ~qu~r~ foot or zoom ~nd occup~nc7 .rates, respectively, fox pl=~ried .ret=il =nd hotel project~.
16, 2000
Finally, the model wi.Il be flexible to enable the subsdtudor~ of lump sum operating costs, such
as the opening of a new fire stat/oa, i~. place of a per capita assumption.
Task 2: Estimate fiscal impact of East Dublin Specific Plan
In th_is task we will input the land use scertado for East Dublin into the fiscal model ~o esdmate
fiscal impacts of the Si~ecific Plan on d~e City's general fund. We wJJ1 use the most current
estJ. rrmtes available for the land use scenario, including:
Absorption by land use type;
Per unit assessed vahes by land use type;
Household ~nd employment der~skics;
Retail sales per square ftot; an'd
Hotel room and occupa~2.cy races.
We expect much of this data to come from the City or developers, though we can apply industry
standards where specific estimates a_re not available.
The model w/Il include per capita esOnares of fire protection serhces based on administrative
costs ordy, For fire station operat~g costs, the model will program in the est_i_mated cost of new
East Dublin stations in the year that each station is expected to open. In this wa}: the model's
results will be able to directly answer the question of whether new development in East Dubhn
is fully funding ira associated public scrxfice costs without burdening the City's general fund.
Task' 3: Summarize results and prepare report
We will meet with City staff to discuss preliminary results of the model and to review all model
assumptions. Based on that review we will summarize the results of the model in a sum_mary
memorandum to the City. The memo.r, andum will include documefitat/or~ of Mi. model
assumptions.
Staffing, Schedule, and Budget
Robert 9. Spencer, Division Manager of MuniFi.aancial's'Economk Strategies Group, w/it be
the pnncipat-in-charge and'project ma~.ager for this engagement. His responsib/lity wi.Il include
directing ali work and managing staff, keep~g the project wit_hZn budget and on schedule, and
ensunng that the fmnl product meets or exceeds City expectations. Chris Thomas, a senior
associate ir~ the Group, will assist Mr. Spencer by gathering data and building the fiscal impact
model.
We will complete the scope of services described above within six weeks of receiving notice to
proceed from the City.
Richard Ambrose
Page 3
We will complete this study for a lump sum cost of $12,500, including ail d~cct expenses. This
budget is based on 100 hours o{ senior analyst staff time at $85 per hour, and 20 hours of
Division Manger steff time at $185 per hour. This budget includes up to two meeting at the
City, including the meeting mentioned in Task 3, and one additional meeting with staff,
developers, or the Council, to be determined at ~e staff's discretion.
We w/Il invoice the City for 80 percent of project costs ($10,000) upon delivery of our draft
results. We will invoice for t_he remainder of the project costs ($2,500) upon delivery of the
t-mai draft of the summary memorandum.
Authorization
If the terms of this engagement are ac. ceptable to the City as stated herein, please sign where
indicated on tine following page and send dr-fax this letter ro me.
We appreciate this opportunity to ass{st the CiD, in its cont/nuing efforts to fund impacts of
growth. '9~re look forxvard to hearing from you.
Sincerely,,
MuniF/nancixl
Robert D. Spencer
Dix~ision Manager
Accepted as stated herein:
Signature Tide
EXItIBIT B
PAYMENT SCHEDULE
CITY shall pay CONTRACTOR an mount not to exceed $12,500 for consulting
services to be performed pursuant to this Agreement. The rate is inclusive of all staff support
and no additional amounts shall be payable for faxing, postage, messengers and other material
costs. CONTRACTOR shall submit bi-monthly/monthly invoices during the term of this
Agreement.
The total sum stated above shall be the total which CITY shall pay for the services to be
rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional
sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services
pursuant to this Agreement.
CITY shall make no payment for any extra, further or additional service pursuant to this
Agreement unless such extra service and the price therefor is agreed to in writing executed by the
City Manager or other designated official of CITY authorized to obligate CITY thereto prior to
the time such extra service is rendered.
The services to be provided under this Agreement may be terminated without cause at
any point in time in the. sole and exclusive discretion of CITY. In .this event, CITY shall
compensate the CONTRACTOR for all outstanding costs incurred as of the date of written
notice thereof and shall terminate this Agreement. CONTRACTOR shall maintain adequate logs
and ti mesheets in order to verify costs incurred to date.
The CONTRACTOR is not authorized to perform any services or incur any costs.
whatsoever under the terms of this Agreement until receipt of a full)' executed Purchase Order
from the Finance Department of the City of Dublin.
Exhibit B
Page I of l
5/4/99
EXHIBIT C
CITY shall furnish physical facilities such as desks, filing cabinets, and conference space,
as may be reasonably necessary for CONTRACTOR'S use while consulting with CITY
employees and reviewing records and the information in possession of CITY. The location,
quantity, and time of furnishing said physical facilities shall be in the sole discretion of CITY. In
no event shall CITY be obligated to famish any facility which may involve incurring any dire~t
expense, including, but not limiting the generality of this exclusion, long-distance telephone Or
other communication charges, vehicles, and reproduction facilities.
Exhibit C
Page 1 of 1
5/4/99
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this
Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of
CITY. CITY shall have the fight to control CONTRACTOR only insofar as the results of
CONTRACTOR'S services rendered pursuant to this Agreement; however, CITY shall not have
the right to control the means by which CONTRACTOR accomplishes services rendered
pursuant to this Agreement.
2. LICENSES: PERMITS; ETC. CONTRACTOR represents and warrants to CITY
that he has all licenses, permits, qualifications and approvals of whatsoever nature which are
-legally required for CONTRACTOR to practice his profession. CONTRACTOR represents and
warrants to CITY that CONTRACTOR shall, at his sole cost and expense, keep in effect at all
times during the term of this Agreement any licenses, permits, and approvals which are legally
required for CONTRACTOR to practice his profession.
3. TIME. CONTRACTOR shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary for satisfactory performance of
CONTRACTOR'S obligations pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. CONTRACTOR shall procure and maintain
for the duration of the Contract insurance against claims for injuries to persons or' damages to
property which may arise from or in connection with the performance of the work hereunder by
the CONTRACTOR, his agents, representatives, employees or subcontractors.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. 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;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CG 0001.)
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
Exhibit D
Page 1 of 5
5/4/99
(b)
(c)
(d)
Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less
than:
1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY, At the option of the
CITY, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; .or the
CONTRACTOR shall procure a bond guaranfeeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1. General Liability and Automobile Liability Coverages.
a. The CITY, its officers, officials, employees and volunteers are to
be covered as insureds as respects: liability arising out of activities
performed by or on behalf of the. CONTRACTOR; products and
completed operations of the CONTRACTOR, premises ownec[,
occupied or used by the CONTRACTOR, or automobiles owned,
leased, hired or borrowed by the CONTRACTOR. The coverage
shall contain no special limitations on the scope of the protection
· afforded to the CITY, its officers, officials, employees or
volunteers.
Exhibit D
Page 2 of 5
5/4/99
(g)
(h)
b. The CONTRACTOR'S insurance coverage shall be primary
insurance as respects the CITY, its officers, officials, employees
and volunteers. Any insurance or self-insurance maintained by the
CITY, its officers, officials, employees or volunteers shall be
excess of the CONTRACTOR'S insurance and shall not contribute
with it.
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the CITY, its officers,
officials, employees or volunteers.
d. The CONTRACTOR'S insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability,.
Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses arising
from work performed by the CONTRACTOR for the CITY.
Acceptability of Insurers. Insurance is to be placed with insurers with a Bests'
rating of no less than A:VII.
Verification of Coverage. CONTRACTOR shall furnish CITY with certificates
of insurance and with original endorsements effecting coverage required by this
clause. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be received and approved by the CITY before
work commences. The CITY reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Subcontractors. CONTRACTOR 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 all of the
requirements stated herein.
The Risk Manager of CITY may approve a variation in those insurance
requirements upon a determination that the coverages, scope, limits and forms of
such insurance are either not commercially available or that the CITY's interests
are otherwise fully protected.
Exhibit D
Page 3 e f $
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o
CONTRACTOR NO AGENT. Except as CITY may specify in writing, CONTRACTOR
shall have no authority, express or implied, to act on behalf of CITY in any capacity
whatsoever as an agent. CONTRACTOR shall have no authority, express or implied,
pursuant to this Agreement to bind CITY to any obligation whatsoever.
ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or
obligation pursuant to this Agreement. Any attempted or purported assignment of any
right or obligation pursuant to this Agreement shall be void and of no effect.
PERSONNEL. CONTRACTOR shall assign only 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 removal of any such persons,
CONTRACTOR shall, immediately upon receiving notice from CITY of such desire of
CITY, cause the removal of such person or persons.
STANDARD OF PERFORMANCE. CONTRACTOR 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 CONTRACTOR is
engaged in the geographical area in which CONTRACTOR practices his profession.~ All
instruments of service of whatsoever nature which CONTRACTOR delivers to CITY
pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike
manner and conform to the standards of quality normally observed by a person practicing
in CONTRACTOR's profession.
HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONTRACTOR
shall take all responsibility for the work, shall bear all losses and-damages directly or
indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and
employees, or to parties designated by the CITY, on account of thd'~performance or
character of the work, unforeseen difficulties, accidents, occurrences or other causes
predicated on active or passive negligence of the CONTRACTOR or any subcontractor.
CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers,
officials, directors, employees and agents from and against any or all loss, liability,
expense, claim, costs (including costs of defense), suits, and damages of every kind,
nature and description directly or indirectly arising from the performance of the work.
This paragraph shall not be construed to exempt the CITY, its employees and officers
from its own fraud, willful injury or violation of law whether willful or negligent.
Exhibit D
Page 4 of 5
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o
For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree
that this agreement is not a construction contract. By execution of this agreement
CONTRACTOR acknowledges and agrees that he has read and understands the
provisions hereof and that this paragraph is a material element of consideration.
Approval of the insurance contracts does not relieve the CONTRACTOR or
subcontractors from liability under this paragraph.
GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded
by fiscal assistance from another governmental entity, CONTRACTOR shall comply
with all applicable rules and regulations to which CITY is bound by the terms of such
fiscal assistance program.
DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs,
memoranda or other written documents or materials prepared by CONTRACTOR
pursuant to this Agreement shall become the property of. CITY upon completion of the
work to be performed hereunder or upon termination of the Agreement.
Exhibit D
Page 5 of 5
5/4/99
CITY OF DUBLIN
BUDGET CHANGE FORM
New Appropriations (City Council Approval Required):
Budget Transfers:
CHANGE FORM #
From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000)
(If Other than General Fund, Fund No - Within Same Department Activity
XXXXXXFrom New Revenues Between Departments (City Council Approval Required)
Other
DECREASE BUDGET ACCOUNT A3iOUNT IN~Rt:AS~-~-0-"I'~'~T-X~COC~':~' "'" ' -A~,~UNT
Name: Revenue- General Fund $12,500 Name: Fire Services - Contract Services $12,500
Reimbursements - General
Account #: 001-570-005 Account #: 001-20600~740-000
Name: Name:
Account #: Account #:
Name: Name:
Account #:~ Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
City Manager: Date:
Signature
ASD/Fin Mgr Date:
Signature
REASON FOR BUDGET CHANGE ENTRY: It is necessary for the City to understand the fiscal
implications_of development in eastern Dublin and its relationship to future fire station staffing. Therefore
consultant services are required to prepare the fiscal analysis. The cost of the study will be reimbursed by the
developer.
Mayor: Date:
Signature
Posted By: Date:
H: I( 7( ?. t"0 I~Ad,~,qFOI?.3'I-bttdge t chattge, dac
Signature
ATTACHMENT 3