HomeMy WebLinkAboutItem 4.05 Fin Infrastruc Workshop (2)CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 24, 1992
SUBJECT: Infrastructure Financing Workshop
(Prepared by: Richard C. Ambrose, City Manager)
EXHIBITS ATTACHED: Agreement with The Davis Company; Letter dated July 22,
1992 from Robert Bebee, General Manager, Dublin San
Ramon Services District.
RECONIl"IENDATION: 1. Approve agreement with The Davis Company.
2. Authorize the Mayor to execute the agreement.
~~,,pr 3. Authorize an additional appropriation of $5,833
~W ~ ($4,000 will come from Additional Revenues and
$1,833 will come from Unallocated Reserves)
FINANCIAL STATEMENT: Estimated contract costs is $8,750. The City may
experience additional direct costs for expenses
associated with the panel of experts. Total
estimated costs is $10,250. Dublin San Ramon
Services District has agreed to contribute up to
$4,000 for the Workshop. An additional
appropriation of $5,833 will be necessary, of
- which $4,000 would come from Additional Revenues
(DSRSD contribution) and $1,833 from the
Unallocated Reserves.
DESCRIPTION: During the 1992 Goals Setting Workshop, the City
Council identified the need for an infrastructure financing study as a high
priority for the City.
Over the last several months, Staff has been working with Michael Davis of
the Davis Company to put together a workshop which would review the various
financing mechanisms that are available to finance infrastructure for both
the City, Dublin San Ramon Services District, and the Dublin Unified School
District. This workshop would provide, not only a review of these
financing mechanisms, but also include case studies of areas throughout the
State that have used various financing mechanisms to finance large areas
that are planned for future growth.
This agreement will provide for the services of Michael Davis who will
facilitate and set-up the workshop, as well as arrange for the panel of
experts to discuss various financing mechanisms. Costs for The Davis
Company services~ will not exceed $8,750. In addition to these costs, it is
anticipated that a panel of experts will work at no cost other than the
costs of their travel expenses to attend the workshop.
Both the Dublin Unified School District Superintendent and the General
Manager of the Dublin San Ramon Services District have indicated interest
in participating in this workshop with their elected officials. The
General Manager of the Dublin San Ramon Services District has indicated
that the District would be willing to contribute up to $4,000 plus any
refreshments associated with the workshop.
Staff has been working with the Davis Company and the other participants in
putting together the scope of services and the contract over the last
several months. During the preparation of the 1992-93 Budget, Staff had
anticipated that a portion of these costs for the workshop would be paid
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COPIES T0:
ITEM NO . /, ~ C 1 T Y~ A K
F1LE ~ ~ ° a 3 °
from the 1991-92 Budget and had estimated that a portion of these expenses
would occur prior to July 1, 1992 with the remainder funded from the
Council's Training Budget in 1992-93. Staff was unable to complete all the
necessary groundwork with all the other parties prior to July 1st and
therefore, no expenses were incurred in 1991-92 as anticipated. Therefore,
in order to fund this workshop, it will be necessary to appropriate an
additional $5,833 to the 1992-93 Budget of which $4,000 will come from
Additional Revenues from DSRSD and $1,833 would have to come from the
Unallocated Reserves which includes those funds that were not spent at the
end of last year.
If the Council wishes to pursue this project at this time, it is Staff's
recommendation that the City Council approve the agreement with The Davis
Company, authorize the Mayor to execute the agreement, and approve the
additional appropriation as described above.
a:824Davis.agenda#10
STANL _.D CONTRACTUAL SERVICES AGk~EMENT
THIS AGREEMENT is made at Dublin, California, as of
, 19 , by and between the CITY OF DUBLIN, a municipal
corporation ("CITY"), and THE DAVIS COMPANY, ("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 whicYx
CONTRACTOR uses for billing clients similar to CITY.
3. 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.
AGREEMENT
Page 1 of 2
4/1/90
,Cx~~~t'3rT /
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. Al1 exhibits referred to herein are attached heret~
and are by this reference incorporated herein.
6. CONTRACT ADMINISTRATION. This Agreement shall be administered by
the City Manager ("ADMINISTRATOR"). All correspondence shall be directed
to or through the ADMINISTRATOR or his or her designee.
7. NOTICES. Any written notice to CONTRACTOR shall be sent to:
Michael Davis
1400 K Street, #311
Sacramento, CA 95814
Any written notice to CITY shall be sent to:
Richard C. Ambrose
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Executed as of the day first above stated:
CITY OF DUBLIN
a municipal corporation
By
"CITY"
Attest:
City Clerk
By
CONTRACTOR
Approved as to form:
City Attorney
AGREEMENT
Page 2 of 2
4/1/90
EXHIBIT A
SCOPE OF SERVICES
(See attached)
Exhibit A
Page 1 of 1
4/1 /90
D ~~
The Davis Company
PROPOSAL FOR
A CO FACILITIES & DvFRASTRUCrURE FINANCING WORKSHOP
SUBMITTED BY
THE DAVIS COMPANY, SAC'RAMENTO CALIFORNIA
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California involving the development, organization, and conduct of a Community Facilities
and Infrastructure Financing Workshop for local public officials.
SERVICES TO BE PROVIDED
As an initial step in the development of a comprehensive, long range financing strategy for
meeting future community facility and infrastructure needs, the City of Dublin and other
local agencies want to investigate available financing strategies and tools. This effort is to
result in the preparation, organization, and conduct of a Community Facilities and
Infrastructure Financing Workshop for key elected and appointed officials of the City of
Dublin, the Dublin San Ramon Services District, and the Dublin Unified School District.
In accordance with the City's request The Davis Company proposes to plan, organize and
coordinate the conduct of the workshop. Michael M. Davis will assume principal
responsibility for the work and will be involved in all phases of the work. Mr. Davis will
report to a committee of technical advisors designated by the City Manager of the City of
Dublin during the course of the project, and will complete the following general tasks:
TASK 1- Meet with the City Manager, the DSRSD General Manager, and the
a ' i `.
JI;IIGvl ; i~~rict JL1~7CIii"iiCIIUCItt LU 3'CV1CH% ~I1C SllD~CCT IIi2tiiCr~ IrdiTiCWUIK~ ISSUe5 CI
special concern to each agency, timing, logistics, participants, and other issues related
to the workshop.
TASK 2- Prepare a"preliminary" agenda and description of the proposed workshop
including logistical requirements and timing, subject matter areas to be discussed, and
the roles and responsibilities of resource e~erts and local public officials in the
conduct of the workshop. Review and finalize the agenda with the Technical
Advisory Committee.
TASK 3- Solicit and confirm the participation of three or four "Resource Experts"
who will attend the workshop, make presentations, and respond to questions in key
subject areas. The Resource Experts are to be approved by the Technical Advisory
Committee before being invited to participate in the workshop.
1-100 I~ ~tr~°ct. Suite 3ll Sacr.un~-ntu, (::1 9riiil4 ~
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916.~k~~-1.61:i0 t'~~ 916.-~-~~.4011
City of Dublin, California,
Workshop Proposal,
Page 2 of 2.
TASK 4- Prepare three written case study outlines that examine how other local
public agencies have dealt with similar financing requirements. The purpose of the
case studies is to provide successful as well as less than successful examples of efforts
undertaken by others. The specific case study examples are to approved by the
Technical Advisory Committee before being presented to the workshop.
TASK 5- Prepare and distribute a Workshop Information Packet to each workshop
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t/Ci~ 1•..ai. ii :.Lt.t.il..~l~aial~L.~ vi~:~. '.%~~.,~a~ ii1 ~1V(lii~.v VL lillai V~~lalJlll~i./.
TASK 6- Coordinate all events and activities for the conduct of the Workshop.
It is understood that the client(s) will be responsible for such e~cpenses and logistical
arrangements for items such as invitations and confirmations for participants, facilities, food
service, equipment required for workshop proceedings, and expenses, if any, incurred by
Resource Experts. In addition the client(s) will provide written summaries of growth,
community facility and infrastructure projections pertinent to the subjects outlined in the
final agenda for the workshop.
TIMING AND COST
We are prepared to start the assignment immediately upon the execution of a Professional
Services Agreement and can complete all work within sixty days.
We will undertake the assignment for a lump sum total professional fee of $ 8,000.00 plus
reimbursement of actual out-of-pocket e}rpenses for such items as travel, printing,
telephone/facsimile, and postage. Professional fees and e~cpenses will be billed and paid
monthly and will not exceed a total of $ 8,750.00 without the prior written approval of the
n .., r'~::~''~1.
:~y O, i,_
Respectfully Submitted By,
- `~ Z_.w~.. ~~ .
Michael M. Davis, Principal
EXHIBIT B
PAYMENT SCHEDULE
CITY shall pay CONTRACTOR an amount not to exceed the total sum of Eight
Thousand Dollars ($8,000) for services to be performed pursuant to this
Agreement. CONTRACTOR shall submit invoices during the term of this
Agreement based on the cost for services performed in accordance with the
following schedule:
End of first month - 400 of contract amount
End of second month - 400 of contract amount
Within 30 days after project completion - 200 of contract amount
CITY shall pay the last 20~ of the total sum due pursuant to this Agreement.
within thirty (30) days after completion of the services and submittal tc~
CITY, if all services due pursuant to this Agreement have been.
satisfactorily performed.
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
except Consultant's direct out of pocket expense shall be reimbursed not to
exceed an amount of $750.00.
Exhibit B
Page 1 of 2
4/1 /90
CITY shall make no payment for any extra, further or additional
service pursuant to this Agreement unless such extra service and the price
therefor is agreed to in writing executed by the City Manager or other
designated official of CITY authorized to obligate CITY thereto prior tc~
the time such extra service is rendered and in no event shall such chang~
order exceed twenty-five (25$) of the initial contract price.
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 timesheets 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 fully
executed Purchase Order from the Finance Department of the City of Dublin.
Exhibit B
page 2 of 2
4/1/90
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 furnish any facility which
may involve incurring any direct 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
4/1/90
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 right 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 of
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 REpUIREMENTS. 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. The cost of such insurance
shall be included in the CONTRACTOR'S bid.
Exhibit D
Page 1 of 7
4/1/90
(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.
(b) 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.
Exhibit D
Page 2 of 7
4/1/90
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.
(c) Deductibles and Self-Insured Retentions. Any deductibles oz-
self-insured retentions must be declared to and approved by thE~
CITY. At the option of the CITY, either the insurer shall reducF
or eliminate such deductibles or self-insured retentions as
respects the CITY, its officers, officials and employees; or the
CONTRACTOR shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
(d) Other Insurance Provisions. It is understood that the insurance
coverage provided by CONTRACTOR shall meet the following
criteria:
1. General Liability and Automobile Liability Coverages.
a. 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.
b. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the
CITY, its officers, officials, employees or volunteers.
Exhibit D
Page 3 of 7
4/1/90
c. The CONTRACTOR'S insurance shall apply separately to
each insured against whom claim is made or suit is
brought, except with respect to the Iimits of thF
insurer's liability.
2. All Coverages.
Each insurance policy required by this clause shall not b~
suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty {30) days' prior
written notice by certified mail, return receipt requested,
has been given to the CITY. In the event CONTRACTOR
receives such notice from insurance provider, CONTRACTOR
shall provide CITY with evidence of replacement coverage,
prior to performing additional services.
(e) Acceptabilitv of Insurers. Insurance is to be placed with
insurers which are deemed acceptable by CITY.
(f) Verification of Coveraae. CONTRACTOR shall furnish CITY with
certificates insurance effecting coverage required by this
clause. The certificates for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates 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.
(g) Subcontractors. CONTRACTOR does not anticipate the use of any
subcontractors. CONTRACTOR shall include all subcontractors as
insureds under its policies or shall furnish separate
Exhibit D
Page 4 of 7
4/1/90
certificates for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated
herein.
(h) 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.
5. 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.
6. 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.
7. 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.
8. 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
Exhibit D
Page 5 of 7
4/1/90
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.
9. 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 the 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 of negligent. 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.
Exhibit D
Page 6 of 7
4/1/90
Approval of the insurance contracts does not relieve the CONTRACTOR or
subcontractors from liability under this paragraph.
10. 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.
11. 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 7 of 7
4/1 /90
RECE~~Ep
DUBLIN
SAN RAMON
sERVicEs
DISTRICT
/~~ ~y SAl~~~
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•
~ ti
~
, ` ~CES DIsa~4~/
July 22, 1992
Mr. Richard Ambrose, City Manager
City of Dublin
100 Civic Plaza
P.O. Box 2340
uublin, C y 9~56Q
Dear Rich:
`~~~ 2 ~~ 1992
~ ~;•~,; ~ _
~ ~~ ~~f~l !N
7051 Duoiin Soclevard
Dublia. California 94563
F~~ 5 i 0 829 11 R()
sio s2~ osis
In reply to your phone request of July 20th Dublin San Ramon Services District agrees to
contribute 50% of the professional fee, not to exceed $4,000, for a community facilities and
infrastructure financing workshop. It is understood that this learning workshop will be
conducted for the elected officials and selected senior staff of the City of Dublin, the Dublin
Unified School District and DSRSD as provided in the July 3, 1992 proposal by the Davis
Company of Sacramento. The District further agrees to provide a light deli lunch, or
supper, as appropriate for the workshop. This support is offered with the understanding that
the three entities participating will all contribute significantly to defraying its cost.
In order to facilitate scheduling of the workshop in September, I have asked the DSRSD
directors to tentatively mark their calendars for the following dates: Thursday p, m. the 17th,
Saturday a. m, the 19th, Tuesday p, m, the 22nd and Wednesday p. m. the 23rd. These dates
are suggested with the notion that it will be easier for the school district just after school
begins than just before start of classes.
The DSRSD Board and senior stafr are entnusiastic about this opportunity to explore opiions
and learn from case studies of ways to adequately and fairly plan funding of the many
facilities and major infrastructure which is essential to the well-founded growth of Dublin.
Sincerely,
~
~ ~ ~~-'~~~ ~
ROBERT D. BEEBE
General Manager
RDB:ng
cc: Board of Directors
The Uublln 5an ftamon Srn~rc~ Di~trut ~s a FLbl~c Enlllv