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HomeMy WebLinkAboutItem 4.03 East Dub Fiscal Impact Analysis C~TV CLERK FI~e # D[MQ[1.,~[Q] AGIEu\]DA STATEMEU\]T C~TY COUNC~l MIEET~u\]G DATE December 18,2007 SlUBJECT Consultant Agreement to update Eastern Dublin Fiscal Impact AnalysIs Report Prepared by Chnstopher L Fos'i Economic Development Dlrector A l'T ACHMENTS I 2 3 Dcficlt Funding Agreement (10-16-2001 ) Proposed ResolutIOn Consultant ServIces Agreement RECOMMENDATiON ~ ff Adopt Resolution selectmg MumFmancIal for the Fiscal Study and authorIze the Mayor to execute agreement with MumFmancIaI for an amount not to exceed $25,000 FINANCiAL 81' A TEMIE:Nl' ThIS study will be paId through developer depOSit accounts DESCIUPTiON The development of Area A III DublIn Ranch necessitated the constructIOn of a fire statton (StatIOn 18) Wlthm eastern Dublin to serve the area The Master Vestmg Tentattve Map for Area A mcluded several condItIons, mcludmg 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 statton would add sIgmficant addItIOnal operatIOnal costs to the CIty, whIch could result m a deficit between the revenues generated and the costs of provldmg services to Eastern Dublm To that end, the Master Vestmg Tentattve Map also mcluded a condItton that reqUIred DR AcqUISItIOns to enter mto an agreement With the City to fund the dIfference between the revenues generated m and the costs of provldmg servIces to Eastern Dublm The agreement reqUIres DR AcqUIsItions, L L C to fund 100% of the deficit between the costs and revenues from the date of openmg (July 1,2003) untIl June 30, 2010 [he agreement was approved by the CIty Council III October 2001 (see Attachment 1) Staff contacted MumFmanctal, Inc to request a proposal to update the Eastern Dublm fiscal Impact analYSIS MumFmanctal has completed the preVIOUS eastern DublIn analyses and has complcted several fiscal analyses for the City, mcludmg the FIre Impact Fee and TransIt Center FIscal Study MumFmanctal's proposal (see Attachment 3) mcludes an update to the Eastern Dublm FIscal model and an analYSIS of the revenues and expenditures m eastern Dublm MumFmanclal has proposed to complete the work wlthm one hundred twenty (120) days from the receIpt of all relevant mformatlon for an amount not to exceed $25,000 COPIlES 1['0 liTlEM NO 13 IlIcc-forms/agdastmt doc I ~;( RECOMMENDATION Staff recommends that the City CouncIl adopt the proposed resolution approvmg the selectIOn of MUOIFmanclal, Inc to update the Eastern Dubhn FIscal AnalysIs and authoflL:e the Mayor to execute the agreement with MumFmanclal, Inc III the anlOunt not to exceed $25,000 o(~o1 .. ~ ~ . .. City Clerk City of lDubl1n '100 CIVIC Plaza Dublin, CA 94568 ~~ ~ VJ\ al ~~~ 11I11I21el11'" "" I oR. C2 Lf PAi"/irl...... COU/lfrv REcoRDING ~..'''i'IJ fill ,-f I ..... O'~ .-. fl 0G 18"e""111 ~ City of Dublin ~ihll&Jl'il RceOON<ID<d} irtfiliJUD Yo Spaceahove this fme tor R~~W DEe 13 2001 ~G1RlelE:~~1NI'U' ~~~~oo ~U'N Of OO~LlIlr8 b\OO~ lOR ~C~~R$~iilItO~~o ILl!", C.. f@ IFnJlli\!llOJ ~~lFncn1r 1B~IE!Elfla (gllifV OF tOJurau CO$lI~ COIF [pJ~o>mIOJHlNlG ~~~'ij'!lClE T@ 6Q\~\OJ R~lMQJJE~ fGiEWlEM l'lE1Ol filM ~~w lQ)1Ul~lbn~ TIHIIS AGREEMENlr dated! for idootIfDcailon thIS ~Sly of October, 2001, Is entered! mio by and !between the Cdy of DlUlblln, a mUnlClpall corporation, ("'tlrne Cltyj and lOR AcqUisitions, l.L C , Sl Delaware limited lIabllnty corporaillOIJ"l ("Develops" ~@@n~n~ 1 In 1993, Rhe CJqy Council of aha City adopted ihe IEa.stem Dubfln Geneml Plan Amendment and lESlstern Dublin SpeCIfic Plan \tIh.e Specific PIalnl1) The Specific Plan proVIdes a plannmg ftrarnework for ihe Mure growth and development 0'/ aplPro)(imately 3,300 acres (oollectrvefy. '1he Specri1c Plan Ares} 2 The Ganeml Plan and Ithe Specrfic Piali'll include goaDs and jpohaes to prevenf development wrthm the Easilem lEJd:eH1dedJ Planmrng Area anell the Spacdic P~n Area (heremafter ooUecftJvely .lEa~em lDublm") from dll'mllllng upon and dBlulUng the iiscal base of lthe remainder of the Criy 3 The Developer owrns certain property Fa! pol1tion of !Dubhn Ranclh Area A") wlthnn the Spectific Plan Area descnbed more particularly IrD exhibit A, whnch IS Incorporated herem by reference fin July of 2000, tlhe City appl1'Oved a Masier VesQtng T amative Map for Dubhrrn Ranch AreBl A to divIde tlle 369 +/- acre paroellmo 112 separate parcels of vaneua 1JI$eS. mclluding 1 palroals fur resDdentraB UJSe that would be subsequently subdl\1ldedl by sufosequ:em: tentallwe l11J1alps 4 As part of1the 81nnaxation of the temioryihat II1lcludes Dulblm Randll Area A, the lJns. Developer's predecessor in Interest, agreed to 1I'ecompense the CIty for the deficli lOeiween the costs of provujmlQ1 senfloss ao the newIly annexed terrrnory anell the revenue genemtedl wrthrn the temtory anooxedl to the Crty Pursuan~ to that agreement,- the lIns payment obligations termlna&ed IOn June 30.1999 when revenues genera'red to the CIiy wIthin aha ~mtoBY exceeded the cos1s of proVKAmg seN'QOeS to t\he territory ~1of6 Oclober 16, zp1 I -r::.-tem# 1I3 It.--'f J ~ 07 A1I:1t21clhlmelI1lt 1 Agreement Between City of DublIn and OR AcquIsItlon9, LL C 10 Fund IOefiCIt Between Costs of Providmg SeMce to and Revenues Generated In Eastern OUbIIn ~~~ 5 Pursuant to the condlttons of approval of the MasterVestlng TentatIVe Map for Dublin Ranch Area A (City of Dublin Planning Commission Resolution No 00-36), Developer Is required, pnor to the completion 01 a certain number of residential umts within Dublin Ranch Area A, to construct and dedicate a new fire station and to proVide funding for apparatus necessary to operate the facility 6 When the new facility becomes operational, It IS estimated that the cost of proViding public services to the Eastern lDublln Area may again exceed revenues generated to the City from property wrthin the Eastern Dublm Area 7 Accordingly, Condition No 109 of ResolutJon 00-36 (for the Master Vesting Tentative Map) further requires the Developer to enter Into an agreement with iIle CIty, pnor to the recordation of the master final map for Dublin Ranch Area A. to fund the drfference between the revenues generated m and ahe costs associated With services to the Eastern Dublin Area, as defined below, commencing upon the new fire station becommg operational 8 The conditions of approval further obligate the City to conSider a fair and appropnate way of reimbursIng Developer for some of the amounts paid to the CIty pursuant to the agreement, including reqjUlnng owners of property wIthin the Eastern Dublin General Plan area who seek City approval of deveIopmen't enbtlements to pay a fair and proporbonate share of the amount of the deficit paid by Developer For Instance, pursuant to an annexation agreement, the developer of a property known as the Quarry lane School has agreed to pay the City 0 42% of the defied 9 As new development occurs within the Eastern Dublin Area as antiCipated, It will generate revenues to the City thai Will reduce and, In the near future, eliminate the above-descnbed defiCIt 10 ConSistent with the goals and poliCies of the General Plan and Specific Plan, and the reqUIrements of the conditions of approval of the Master Vesting Tentative Map, Developer and City Wish to enter Into an agreement to assure tile City that the Developer Will fund the defiCIt !between revenues and costs for the Eastern Dublin Area {r AGREEMENi NOW THEREFORE, In conSideration of the mutual promises and conditions contained herein. the Parties agree as follows Sec~on I Geneml Fundi Sihlcrti'aUis A ilhie ne"eUopeli"'s paymsll'll'l: ObDIg81fdoll1s, Definltlol1ls Developer shall pay the City 100% (100 percent) of the defiCit, If any, betw c-S~ General Revenues apublic ServIce Costs- shall mea e CIty'S General Fund cas proViding public services to the Eastern Dublin Area \/\/hI a In ihe same manner as costs are calculated City wide "General Revenues" shall mean those revenues deposited to the City'S General Fund from property and inhabitants within the Agreement Between City of Dublin and DR AcqulSlbons, L LC to Fund Deficit Between Costs of. Pro'Yldmg Senrlce 10 and Revenues Generated In Eastern Dublin Page2of6 October 16,2001 c5~2lr Eastern Dublin Area which shall be calculated In the same manner as revenues are calculated City wide "Eastern Dublin Area'" shall Include all lands wlttlln the Eastern Dublin General Plan Amendment area thai are currentry wrttlln or are annexed to the City limits of Dublin Ia lDailralbon off Pa1fmell'il~ OblDgatic;ms The Developers payment obligation under this Section I shall begin when tile new fire station to be constructed In Eastern Dublin (Fife Stanon 18) becomes operational and shall tennlnate June 30, 2010 <-Deficit Panod") C All1Il11ln.!:aJn JFrrsca~ AntalHysss The City shall prepare a fiscal anaiysls dunng the Deficit Penod In Apnl of each year to estImate Vle amount by which the Public Service Costs Will exceed General Revenues The fiscal analysis win be prepared on a fiscal year basIs (July 1 to June 30) and will calculate the defiCIt for the preceding fiscal year The fiscal analYSIS shall, In general, be as agreed upon by letter between the City Manager and Developer Developer shall be responsible for the costs of prepatatlOn of the studies D. I?mylltl'ilGrnt! 110 illJ'ncs (cBtty No later than October 1 of each year dunng the Deficit Paned, Developer shall pay to City 100% of the defiCIt between Public Services ~ Costs and General Revenues for the preceding fiscal year, based on the fiscal analysIs, plus 100% of the cost of the fiscal analysIs descnbed In Section ~ C E~ Secll.!lli'Dtty (foil' Pal1ffJTJ1l$B'il&. When In the Judgment of the Crty Manager a defiCit between Public ServIces Costs and General Revenues IS hkely to e)Clst, lDeveloper Will proVIde the Crty with secunty in an amount, which shall not e)Cceed $500,000, and form satJsfadory to tile City Manager to become effecbve once FIre Station 18 becomes operational (or some other mutually agreeable date), to secure the payments to the City descnbed In Seebon I 0 above The secunty may consist of Sl letter of crecht or similar Instrument The letter of credit (or comparable secunty) may be replaced with a letter 01 Credit (or comparable secunty) in the amount 01 the shortfalls for succeeding years disclosed by the fiscal analyses to be performed each Apnl pursuant to Section I C IF lReDmburrsemen~ FIrOM Oiliei" PlrOpeR1y OmmSli'S The City shall conSider fair and appropnate ways of reimbursing the Developer some of the amounts Developer may be reqUired to pay under thiS Section i To 'ihe extent permitted by law, the City shall require owners of property Within the Eastern Dublin General Plan BJrea that seek City approval of development enirtlements for such property to pay a fair and proportionate share of the amounts that Developer IS required to pay pursuant to thiS agreement Sectilorll III AdlditlonaD Provlslc1l'lls A COfrli'ecmen of ftlhs Rec:iitatIs The Recitals set forth in thiS Agreement are true and correct and are a part hereof Agreement Between City ofDublin and DR Acquisitions, LLC to Fund DefiCit BetwBen Costs of Provldmg Service to and Revenues Generated m Eastern Dublin Page3of6 October 18, 2001 ./ 4G;f.?lf 80 [Fllllrltlhsll' Assfl.!lraJ.ll1lcss The Parties shall execute, acknowJedge, and deliver such additional documents or Instruments as maJY be necessary to carry out the intent of this Agreement, Including but not limited!- to, those expressly referred to In thiS Agreement c. 1C\Clll'1ls~li'lUJcilllci1 [by C(;lhffgmD~ IY1w This Agreement 1s entered Into In the State of California and shall be construed and Interpreted In accordance with Its laws D R(BIpre$rn1l~'ilon olF tCoMlPli'elheMioll'll 109 li)oclUlmsll1ll In entenng Into this Agreement, the Parties represent that they have relied upon the legal advice of theIr attorneys who are the attorneys of their chOIce The Parties further represent that the terms of thiS Agreement have been completely read by and explained 110 them by their attorneys, and that they fully understand and voluntarily accept those terms [Eo AmlhoJrSh11Pl Each Party and counsel for each Party has reViewed and revised thiS Agreement, and accordingly, the normal rule of construction to the effect that any ambiguIties are to be resolved against the drafting Party shall not be employed In the InterpretatIon of ttllS Agreement or any amendment of rt IF~ A~olilltty \lo l8reclUl~~ Each of the Parties represents and warrants Qhat each has fun power to enter Into thIS Agreement Gt lEl1\1fuJrs ASlmemsh'l1~ AIll1ll@l1'irdlment thIS Agreement satIsfies CondrtJon No 109 of Resolution 00-36 and contains the entire agreement between the Parnes wrth regard to the matters set forth There are no addltlona! wntten or oral agreements or promiseS between the Parties concerning these rmatters that are not expressly set forth / In thIS Agreement ThIs Agreement may be amended or modified only by an agreement In wntJng executed In the same manner as thiS Agreement !HI Aft1toll'uu>>Y$ Fera$ In the event a Party to ihls Agreement IS found In a court of law to have breached tillS Agreement, said Party shall pay the opposing Party's reasonable attorneys fees and costs Incurred In htlgatlng the breach 01 contract acbon I Approval olF [Project By entanng Into thiS Agreement, City makes no commitment that It WJII approve the Project J~ lNIolllces All notices shall be by certified mall or hand delivered to the Parties as follows Agreement Salween CIty of Dublin and OR Acq,uJSl'l101lS, LLC to Fund Oeflcll Between Costs of Provfdlng Service to and Revenues Generated In Eastern Dublin Page 4 of S October 16, 2001 To the City City Clerk City lOf Dublin 100 Cnnc Pl~ I? 0 BolC 2340 Dublm, CA 9456B To the Developer DR AcquDSlllioos, Ll C do Maron ~ndevbrtzen 7071 Kollt ~ier Pkwy, Suite i20 Pleasarnoi1l, CalIfornia 94566-3~ 52 ~ ~eoo~@lroo ThIS Ag~n1 shall ~ recorded agall~ l1he Property dlescnbed Ira ~Ibmt A (a portIon d lOubWln Ranch Area A) 5"f~ IW ~1i"OOle$~ WIHlm[!(Q)/F. iths pSlrtias ha\flS execlJJteo1 thIS agreell'lmSnt ths day and year firsi abovs WIiIItteIn CITY OIF lDlIJBUIM !DlEVElOPER ~~ro~ Approved! as to form .$ tf{ If. - #f I Vf#- DR oqU~Olt'1ISI !Ltc 1Its: #~~h~~~ SAltI-N61 YEN ~~F-~~ _ City Attorney \< \ t- huJ..bllJ\t\ -' tr t:. 51\ Vlf Attest c~€~ [lNIOV &~ 'iiiI<OlN$ b\ n ffi\lC[H]lElOJ] J \wpd\Mnrsw\114\103'AGREE\ftrIa station cost 01' SGnIfc0_100801 doc Agreement BeIwe81 City of Dublin and DR~. LLC to Ftmd Deffcit Betwaen Costs of ProvIding ServIce to and Revenues Generated In Eastern Dublin Psga 5016 0l::Q0bar 15, 2031 ~ ~ ~4' 19155-2 10/11/01 Be DESCRIYlI10N PROPERTY SUBJEct TO FIRE STATION AGREEMEN'T ALL lHAT CERTAIN REAL PROPERTY SITUATED IN THE OTY OF DUBUN~ COUNTY OF ALAMEDA, Sf ATE OF CALIFORN1A~ DESCRIBED AS FOLLOWS. PARCEL 'e OF TRAct 7135 AS SHO'VVN ON 1HE MAP OF TRACT 7135~ FILED FOR RECORD AUGUST 10~ 2001 IN BOOK 259 OF MAPS~ PAGES 57 TIiRU 63~ ALAMEDA COUNTY RECORDS \ END OF DESCRIPTION [ffi@mcm17 ~ ~@W)[P&) CML ENGINEIRINGoLAND PI.ANNING 0 lAND SURVE'tlNG 5142 ~n Drtva SUIte B. fl$CIllQ lk>l:l. CA. 94588-3355 (925) 225-0690 1~D-1HU~ }F.x:mmIT A 7 ~ P?'i RESOLUTION NO - 07 A RESOLUTION OF THE CiTY COUNCIL OF THE CiTY O.!F DUBLIN ********* APPROViNG THE SlELlECnON OF MUNIFlNANCiAL, iNC TO UJPDA TE EASTERN DUBLiN .!FiSCAL ANAL YIS WHEREAS, m July 2000, the Plannmg CommissIon approved Master Vestmg Tcntattve Map 7135 for the development of 562 homes and a golf course m Dublm Ranch Area A, and WHEREAS, the developer, DR AcquIsItIons L L C agreed to enter mto an agreement with the City to fund the difference between the revcnues generated III and the costs of provldmg servIces to eastern Dublm (October 2001), and WHERAS, the agreement reqUIred that a fiscal analysIs be completed on an annual baSIS, and WHERAS, the goals and policIes of the Eastern DublIn Specific Plan reqUIre development to be at a mmImum revenue neutral, and WHEREAS, the fiscal analysIS Will enable City Staff to deternlme the defiCit (If any) III eastern Dubllll, and WHEREAS, MUlllFmanCIal has a clear understandmg of the project scope and IS able to perform the requested task NOW, THERE.!FORE BE iT RESOLVED that the CIty CounCIl of the City of Dubhn does hereby select MumFmanClal Inc to update the Eastern Dublm Fiscal AnalysIs and authonzes the Mayor to execute the contract WIth MumFmancIal Inc m an amount not to exceed $ 25,000 PASSED, APPROVED ANID AIDOPTED thls_ day of December, 2007 AYES NOES ABSENT ABSTAIN Mayor ATTEST CIty Clerk H ICC-FORMS\FORM-reso doc AU2IcJfnmeIlllt 2 6~d-l-t CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MUNIFINANCIAL, INC THIS AGREEMENT for consulting services IS made by and between the City of Dublin ("City") and MunlFlnanclal, Inc ('Consultant") as of December , 2007 Section 1 SERVICES Subject to the terms and conditions set forth In this Agreement, Consultant shall provide to City the services descnbed 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 confilct 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 termmated or extended as provided for In Section 8 The time provided to Consultant to complete the services required by thiS Agreement shall not affect the City s nght to termmate 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 Consultant 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 normally observed by a person practicing In Consultant's profession 1 3 AsslQnment of Personnel Consultant shall assign only competent personnel to perform services pursuant to thiS Agreement In the event that City, m ItS sole discretion, at any time dunng the term of thiS Agreement, deSires the reassignment of any such persons, Consultant shall, Immediately 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 Section 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 In 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 inVOiceS to City In the manner speCified herein Except as speCifically authonzed by City, Consultant shall not bIll City for duplicate services performed by more than one person Consultmg Services Agreement between City of Dublin and MunlFlnanclal Oecember 18 2007 Page 1 of 14 A1ttacltnmelDlt 3 1 ~021{ 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 contnbutlons 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 dunng the term of thiS Agreement, based on the cost for services performed and reimbursable costs Incurred prior to the inVOice date Invoices shall contain the following Information [] Senalldenllflcatlons of progress bills, Ie, Progress Bill No 1 for the first Invoice etc, [] The beginning and ending dates of the billing penod [] A Task Summary containing the anginal contract amount, the amount of pnor billings, the total due thiS penod, the balance available under the Agreement, and the percentage of completion, [] At City's option, for each work Item In each task a copy of the applicable time entnes or time sheets shall be submitted shOWing the name of the person dOing the work, the hours spent by each person, a bnef descnptlon of the work, and each reimbursable expense, [] 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 22 Monthlv Payment City shall make monthly payments, based on inVOices received, for services satlsfactonly performed and for authorized reimbursable costs Incurred City shall have 30 days from the receipt of an inVOice that compiles with all of the requirements above to pay Consultant 2 3 Final Payment City shall pay the last 10% of the total sum due pursuant to thiS Agreement within sixty (60) days after completion of the services and submittal to City of a final inVOiCe, If all services reqUired have been satlsfactonly performed 24 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 Consultant In rendenng services pursuant to thiS Agreement City shall make no payment for any extra, further, or additional service pursuant to thiS Agreement Consulting Services Agreement between City of Dublin and MunlFlnanclal December 18, 2007 Page 2 of 14 ) 0 ~ JI+ 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 pnor to the submISSion of such an inVOICe by a properly executed change order or amendment 25 Hourlv Fees Fees for work performed by Consultant on an hourly baSIS shall not exceed the amounts shown on the Scope of Work under Budget (Exhibit A) 26 Reimbursable Expenses ReImbursable expenses are Included In the total amount of compensation proVided under thiS Agreement that shall not be exceeded 27 Payment of Taxes Consultant IS solely responsible for the payment of employment taxes Incurred under thiS Agreement and any Similar federal or state taxes 28 Payment upon Termmatlon In the event that the City or Consultant terminates thiS Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses Incurred for work satisfactorily completed as of the date of wntten notice of termination Consultant shall maintain adequate logs and tlmesheets m order to verify costs Incurred to that date 29 AuthOrization to Perform Services The Consultant IS not authonzed to pertorm 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 EQUIPMENT Except as set forth herem, 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 hsted m thiS section, and only under the terms and conditions set forth herem City shall furnish phYSical faCIlities such as desks, filing cabmets, and conference space, as may be reasonably necessary for Consultant's use while consulting With City employees and reviewing records and the I nformatlon I n possession of the City The location, quantity, and tl me of fu rn Ishmg those faCIlities shall be m the sole discretion of City In no event shall City be obligated to furnish any faCIlity that may Involve Incurnng any dIrect expense including but not limited to computer, long distance telephone or other communication charges, vehicles, and reproductIon faCIlIties Section 4 INSURANCE REQUIREMENTS Before beginning any work under thiS Agreement, Consultant, at ItS own cost and expense, shall procure "occurrence coverage" Insurance against claims for injuries to persons or damages to property that may anse from or In connection With the performance of the work hereunder 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 all respects to the City Consultant shall maintain the Consulting Services Agreement between City of Dublin and MunlFlnanclal December 18,2007 Page 3 of 14 1/ ~ ol~ 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 shall 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 shall be submitted and made part of this Agreement prior to execution 41 Workers' Compensation Consultant shall, at ItS sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer 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 ($1,00000000) per accident In the alternative, Consultant may rely on a self Insurance program to meet those requirements, but only If the program of self-Insurance complies fully with the provIsions of the California Labor Code Determination of whether a self 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 Consultant, lf a program of self-Insurance IS provided, shall waive all rights of subrogation against the City and ItS officers offiCials, employees, 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 mall, 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 42 Commercial General and Automobile Liability Insurance 421 General requirements Consultant, at Its own cost and expense, shall maintain commercial general and automobile liability Insurance for the term of thiS Agreement In an amount not less than ONE MILLION DOLLARS ($1 00000000) per occurrence combined single limit coverage for nsks associated with the work contemplated by thiS Agreement If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit IS used, either the general aggregate limit shall apply separately to the work to be performed under thiS Agreement or the general aggregate limit shall be at least twice the reqUired occurrence IImtt Such coverage shall Include but shall not be limited to, protection against claims arising from bodily and personal InJury including death resulting therefrom, and damage to property resulting from activities contemplated under thiS Agreement Including the use of owned and non- owned automobiles 422 Minimum scope of coveraqe 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 0002 (ed 1/73) covering comprehenSIve General Liability and Insurance Services Office form number GL 0404 covering Broad Form ComprehenSive General Llablhty Consulting Services Agreement between City of Dublin and MUnlFlnancral December 18, 2007 Page 4 of 14 1,;( i :2t.r 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 423 Additional reQuirements Each of the following shall be Included 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 on 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 shall cover on an occurrence or an aCCident basts, 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 self-Insurance maintained by the City shall be called upon to contribute to a loss under the coverage d Any failure of CONSULTANT to 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 (3D) days' pnor wntten notice by certified mall, 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 43 ProfeSSional Liability Insurance Consultant, at Its own cost and expense, shall maintain for the penod covered by thiS Agreement professional 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 431 Any deductible or self-Insured retention shall not exceed $150000 per claim 432 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) Consulting Services Agreement between City of Dublin and MUnlFlnanclal December 18, 2007 Page 5 of 14 13 ~ ;)'t days' pnor wntten notice by certified mall return receipt requested, has been given to the City 433 The policy must contain a cross liability or severability of Interest clause 434 The follOWing provISions shall apply If the profeSSional liability coverages are wntten on a claims-made form a The retroactive date of the pohcy must be shown and must be before the date of the Agreement b 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 after completion of the Agreement or the work The City shall have the right to exerCise, at the Consultant'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 pnor to the commencement of any work under thiS Agreement 44 All PoliCies ReqUirements 441 Acceptability of Insurers AI! Insurance required by thiS section IS to be placed With Insurers With a Bests' rating of no less than A VII 442 Verification of coveraQe Prior to beginning any work under thiS Agreement, Consultant shall furnish City With certificates of Insurance and With anginal endorsements effecting coverage required herein The certificates and endorsements for each Insurance policy are to be Signed by a person authonzed by that Insurer to bind coverage on ItS behalf The City reserves the right to require complete, certified caples of all required Insurance poliCies, at any time 443 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 all of the requirements stated herem Consultmg Services Agreement between City of Dublin and MUnlFmanclal December 18 2007 Page 6 of 14 )4 ~ :Jlf 444 Vanatlon 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 commercially available, or that the City's Interests are otherwise fully protected 445 Deductlbles and Self.lnsured Retentions Consultant shall disclose to and obtain the approval of City for the self-Insured retentions and deductlbles 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 Administrator, Consultant may Increase such deductlbles or self Insured retentions with respect to City, Its officers, employees agents, and volunteers The Contract Administrator may condition approval of an Increase In deductible 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 446 Notice of Reduction In CoveraQe In the event that any coverage reqUired by this section IS reduced, limited, or materially affected In any other manner, Consultant shall provide wrrtten 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 45 Remedies In addition to any other remedies City may have If Consultant falls 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 follOWing remedies, which are alternatives to other remedies City may have and are not the exclUSIve remedy for Consultant's breach D Obtain such Insurance and deduct and retain the amount of the premiums for such Insurance from any sums due under the Agreement, D 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 until Consultant demonstrates compliance With the reqUirements hereof and/or [] Terminate this Agreement Section 5 INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES 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 Consulting Services Agreement between City of Dublin and MunlFlnanclal December 18 2007 Page 7 of 14 15~J-tr property, or any violation of any federal, state, or mUnicipal law or ordinance, to the extent caused, In whole or In part, by the willful misconduct or negligent acts or omiSSions of Consultant or Its employees, subcontractors, or agents, by acts for which they could be held stnctly liable, or by the quality or character of their work The foregoing obligation of Consultant shall not apply when (1) the InJury, loss of life, damage to property, or violation of law anses wholly from the negligence or Willful misconduct of the City or ItS officers employees agents, or volunteers and (2) the actions of Consultant or Its employees, subcontractor or agents have contnbuted In no part to the inJury, loss of life, damage to property, or ViolatIon of law It IS understood that the duty of Consultant to Indemnrfy 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 matenal element of conSideration In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under thiS Agreement IS determined by a court of competent Junsdlctlon or the California Public Employees Retirement System (PERS) to be eligible for enrollment In PERS as an employee of City, Consultant shall Indemnify defend and hold harmless City for the payment of any employee and/or employer contnbutlons for PERS benefits on behalf of Consultant or ItS employees, agents, or subcontractors, as well as for the payment of any penalties and Interest on such contnbutlons, which would otherwise be the responsibility of City SectIon 6 61 62 STATUS OF CONSULTANT Independent Contractor 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 nght to control the means by which Consultant accomplishes services rendered pursuant to thiS Agreement Notwlthstandmg any other City, state, or federal policy rule regulation law or ordinance to the contrary Consultant 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 mCldent of employment by City, mcludmg but not limited to ellglblhty to enroll In the Carlfomla Public Employees RetIrement System (PERS) as an employee of City and entitlement to any contnbutlon to be paid by City for employer contnbutlons and/or employee contnbutlons for PERS benefits Consultant No Agent Except as City may specify In wntlng, Consultant shall have no authonty, express or Implied, to act on behalf of City In any capacity whatsoever as an agent Consultant shall have no authonty, express or Implied, pursuant to thiS Agreement to bind City to any obligation whatsoever Consulting Services Agreement between City of Dublin and MunlFmanclal December 18, 2007 Page 8 of 14 Section 7 74 Section 8 81 I~ ~o'(4 LEGAL REQUIREMENTS 71 Governing Law The laws of the State of California shall govern this Agreement 72 Compliance with Applicable Laws Consultant and any subcontractors shall comply With all Jaws applicable to the performance of the work hereunder 73 Other Governmental Regulations To the extent that thiS Agreement may be funded by fiscal assistance from another governmental entity Consultant and any subcontractors shall comply With all applicable rules and regulations to which City IS bound by the terms of such fiscal assistance program 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 legally 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 legally required to practice their respective profeSSions In addition to the foregomg, Consultant and any subcontractors shall obtam and maintain dUring the term of thiS Agreement valid BUSiness Licenses from City 75 NondiSCrimination and Eaual Opportunltv 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, agamst 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 Consultant shall comply With all applicable federal, state, and local laws, 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 obligations required of Consultant thereby Consultant shall Include the provIsions of thiS Subsection In any subcontract approved by the Contract Administrator or thiS Agreement TERMINATION AND MODIFICATION Termination City may cancel thiS Agreement at any time and Without cause upon written notification to Consultant Consultant may cancel thiS Agreement upon thirty (30) days' wntten notice to City and shallmclude In such notice the reasons for cancellation Consulting Services Agreement between City of Dublin and MunlFlnanclal December 18, 2007 Page 9 of 14 )'7 ~:2.4 In the event of term In allon, Consultant shall be entitled to compensation for services performed to the effective dale of termination, City, however, may condition payment of such compensation upon Consultant dellvenng to City any or all documents, photographs, computer software, video and audio tapes and other matenals provided to Consultant or prepared by or for Consultant or the City In connection with this Agreement 82 Extension City may, In ItS sole and exclusive 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, City shall have no obligation to proVide Consultant with compensation beyond the maximum amount proVided for In thiS Agreement Similarly, unless authonzed by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses Incurred dunng the extension period 83 Amendments The parties may amend thiS Agreement only by a writing signed by all the parties 84 Assl~mment and SubcontractmQ City and Consultant recognize and agree that thiS Agreement contemplates personal performance by Consultant and IS based upon a determination of Consultant s unique personal competence experience, and specialized personal knowledge Moreover, a substantlallnducemenl to City for entering Into thIS Agreement was and IS the professional reputation and competence of Consultant Consuftant may not assIgn thIS Agreement or any Interest therein without the prior written approval of the Contract Administrator Consultant 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 All obligations arising prior to the termination of thiS Agreement and all prOVIsions of thiS Agreement allocating liability between City and Consultant shall survive the termination of thIS Agreement 86 Options upon Breach by Consultant If Consultant matenally breaches any of the terms of thiS Agreement, City s remedies shall Included but not be limited to, the follOWing 861 Immediately terminate the Agreement, 862 Retam the plans, speclflcatlons draWings, reports, deSign documents, and any other work product prepared by Consultant pursuant to thiS Agreement, 863 Retain a different consultant to complete the work deSCribed In Exhibit A not finished by Consultant, or Consulting Services Agreement between CIty of Dublin and MunlFlnanclal December 18,2007 Page 1 0 of 14 1'6~QLt 864 Charge Consultant the difference between the cost to complete the work descnbed In Exhibit A that IS unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 If Consultant had completed the work Section 9 KEEPING AND STATUS OF RECORDS 91 Records Created as Part of Consultanfs Performance All reports, data maps, models, charts, studies, surveys, photographs, memoranda plans studies specifications records, files, or any other documents or matenals, 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 matenals, Including but not limited to those descnbed above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessanly 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 Will not be released to third parties Without prior wntten consent of both parties 92 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 Agreement for a minimum of three (3) years, or for any longer penod 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 shall be made available for Inspection, audit and/or copYing at any time dunng regular bUSiness hours, upon oral or wntten request of the City Under California Government Code Section 85467 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 Auditor, at the request of City or as part of any audit of the City, for a penod of three (3) years after final payment under the Agreement Section 10 MISCELLANEOUS PROVISIONS 101 Attorneys' Fees !f a party to thiS Agreement bnngs any action, Including an action for declaratory rehef, to enforce or mterpret the provIsion of thiS Agreement, the prevailing party shall be entitled to reasonable attorneys' fees In addition to any other rehef 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 102 Venue In the event that either party bnngs any action agamst the other under thiS Agreement, the parties agree that tnal of such acllon shall be vested exclUSively In the Consulting Services Agreement between City of Dubhn and MunlFlnanclal December 18,2007 Page 11 of 14 /1 ~ Q,Lf state courts of California In the County of Alameda or In the United States Dlstnct Court for the Northern Dlstnct of California 10 3 Severability If a cou rt of com petent J u nsd Ictlon fl nds or ru les that any pravls Ion of th IS 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 104 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 105 Successors and AsslQns The provISions of this Agreement shall mure to the benefit of and shall apply to and bind the successors and assigns of the parties 106 Use of Recycled Products Consultant shall prepare and submit all reports, wntten studies and other pnnted matenal on recycled paper to the extent It IS available at equal or less cost than virgin paper 107 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 Political Reform Act, cod Ifled at Callforn la Govern men t Cod e Section 81 000 et 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 mterest In this Agreement that would Violate California Government Code Secllons 1090 et seq Consultant 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 employee, agent, appointee, or official of the City In the prevIous twelve months, 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 ~1 090 et seq , the entire Agreement IS VOid and Consultant will not be entitled 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 thaI, In addition to the foregOing, It may be subject to criminal prosecution for a Violation of Government Code ~ 1090 and, If applicable, will be disqualified from holding public office In the State of California 108 Solicitation Consultant agrees not to solicit bUSiness at any meeting, focus group, or Interview related to thiS Agreement, either orally or through any wntten matenals Consulting Services Agreement between City of Dublin and MunlFlnanclal December 18,2007 Page 12 of 14 20 aq 02~ 109 Contract Administration This Agreement shall be administered by Chns Foss, Economic Development Director ("Contract Administrator") All correspondence shall be directed to or through the Contract Administrator or his or her designee 1010 Notices Any wntten notice to Consultant shall be sent to Robert D Spencer, Prrnclpal Consultant M un I Financial 1700 Broadway Sixth Floor Oakland CA 94612 Any wntten nollce to City shall be sent to Chrrs Foss, Economic Development Director City of Dublin 100 CIVIC Plaza Dubfm CA 94568 10 11 ProfeSSional Seal Where applicable In the determination of the contract administrator the firs! 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 reporUdeslgn 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/deslg n responsibility 1012 Inteqratlon ThiS Agreement Including the scope of work attached hereto and Incorporated herein as Exhibit A represents the enlire and Integrated agreement between City and Consultant and supersedes all pnor negotiations, representations, or agreements, either wrrtten or oral CITY OF CONSULTANT Janet Lockhart, Mayor Attest City Clerk Consulting Services Agreement between City of Dublin and MUnlFlnanclal December 18,2007 Page 13 of 14 cPl ~o tr Approved as to Form Elizabeth Silver, City Attorney G \Chns\Eastem Dublin Fiscal Study 2006 7\standard consultanlserVl(:es agreement mumfrnanaal12192006 doc Consulting Services Agreement between City of Dublm and MunlFmanclal December 18, 2007 Page 14 of 14 ;;J.c2 ~ ~q EXHIBIT A SCOPE OF SERVICES Scope of ServIces The scope of servIces for this engagement by t'lsk IS descrIbed 111 detail below Task 1 Update East Dublin Fiscal Impact Models 1he purpose of thls task IS to update the E'lstern DublIn fi<;callmpact models for the l'Y 2007-08 budget The overall appro'lch and methodology of th( models will remam essenaally unchanged from thl.. FY 2006-07 update and willmcludl.. '> Case study analysIs of public safety costs, and -0- Detalled 'lnalysIs of <;ales tax and property tax In p'lracular, the fiscal Impact model will retam the approach that crechts all retatl sales tax revenue to ~ast DublIn retatl development only No crt.cht I~ 6>:lven to other hnd use types regardk~~ of theIr spendmg pattern~ eIther WIthm E'l<;t Dublin or In the reillamder of the CIty 11us approach has two effects on model results rIr:.t, excludmg sales tax from spcndmg by Ea~t DublIn reSIdents and bu:.lllesses m the remamder of the City underestlm'ltes the ove1all net fiscaltmpact of East Dubl111 on the CIty, though thIS undLtl..stlmahon IS probably nurnmal Sl..cond, wIt:lun East Dubhn the net fi<;cal rmpact of non-retatl land uses IS underest1lnatE.d and the Impact of retatl land use~ IS overe~tlmated r\s~umptJons m the model<; that will be updated as part of thts ta<;k are de~ct1bed below -0- CIty staff wtll update the followmg data -0- PrOVIde two updated :Cast DublIn land use 'lbsorptlon scenanos The land use scenarIO will allocate absorptlOn between the Santa RIta/Emerald Glen area and the remamder of East Dubhn Ellstlng development ~hould be updated to July 1 2007, WIth absorption through 2030 for each land use type See Tables A 1 through A3 m the 'lppendlx of the prIor reports '> ProVide updated resldellttal and employment estlmates for the CIty of Dubhn If thiS mformation IS unavailable MUlllFmancIal will uulue the CahfornIa Department of fmance for current populatJon E.:;.tunates and ABAG for re<;ldcntlal and employment prolCCtlon~ '> ProVIde upd'lted 'lctuaI sale" tax generated ill both the Santa RIta/Emerald Glen area and thl:, remamder of .ba~t Dubhn for IT 2006-07 4 ProVIde actual property tax estlmate<; for both the Sant'! RIta/Emerald Glen area and the rernamder of "Cast Dubhn for FY 2006-07 '> ProVIde projechon for publIc safety co~ts for FY 2007-08 and mto the future -0- MumfmanCial wtll update. the followmg revenue and co~t assumptlon<; Consultmg Services Agreement between City of Dublin and MUnlFlnanclal--Exhlblt A December 18,2007 Page 1 of 2 c?3 ~ 0714- Per unIt property value 'wmmptlons base.d on '1. reVIew of recent sales from assessor roll data, aod mput from CIty staff, developen, and real estate. broker~, .. All per C'lpIta revenue and cost assumptlom to FY 2006-07 budget data, () Per square foot retau sales tax a~~umptlons based on mput from the County and other fiscal con~ultanb, and (> lranSIent occupancy tn assumptions (room and occupanc\! rates) based on mput from hotel managers Task 2 Analyze Fiscal Impact of Land Use Scenanos MumFmanCl'll WIll analyze the fisealrmpact of the land me <;cenano US1I1g the updated models 1 he models will be cahbrated to reflect current <;ales tax and property tax WIthm Santa Rtta/I.:merald Glen and the remamder of bast Dubhn We will present prehmmary result:. to City st'lff for dlSCUSSlOn Task 3 Draft Report and Attend Meetings 13a~ed on the results of the pnor task:., we will provlde the CIty with updated reports that descrIbe the fisc'llrmpact of development ill East Dublm on the CIty The fiscalrmpact report will compare thl.. Impacb of the two land me <;cenattos Wf.. will prepare adnumstratlve draft reports for st'lff reVIew 'lnd based on comments rec(1ved prepare final reports Tills t'lsk mclude<; up to two meetIngs wlth City staff, de.vdopLrs, and the Counctl to gather data, revIew prclumnary results and adrrum<;tratlve drafts, and present the final report Staffmg Robert D Spencer Pnnclpal Comultant of OUI F11lanClal ComultIng ServIces DIVISIon Will be the. pnnclpal-m-charge wIth responsIbility for ensunng that the f111'll product meets or eJ\cce.d::. your expu..t'ltIon:. 1'.1s Sm:ah Graham will be the ptoJect man'lger for thIS e.ngagemeot WIth responsIbility for wmrkttng all work and keeplllg the ptoJect wItlun budget and on ~chedu1e Schedule We will proVIde an adrrumstrauve dr'lft report WIthlll 120 days of receIvmg all updated assumptions from CIty ~taff noted m 1 ask 1 We will provide a final report 'lfter receIvIng comments on the 'ldmumttatlvl.. draft from the CIty Consulting Services Agreement between City of Dublin and MunlFlnanclal -Exhibit A December 18, 2007 Page 2 of 2 07Lf~d4 EXHIBIT B COMPENSATION SCHEDULE We will complete thl::, study fot a lump ::,urn cost not to exceed $25,000, 11lcludmg all chrect expenses We willmvOlce the CIty monthly based on the petcent of each task complett.d u::,tng tht. followlllg :,chedule of total cO:.t:. by task Task 1 $12,000 1 '1sk 2 8,000 Task 3 5.000 Total $25,000 Consultmg Services Agreement between City of Dublin and MUnlFmanclal -Exhibit 8 December 18 2007 Page 1 of 1