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Item 4.07 East Dub Fiscal Analysis
CITY CLERK File # ^~~~-0~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 2, 2008 SUBJECT: Consultant Agreement to update Eastern Dublin Fiscal Analysis Report Prepared by: Christopher L. Foss, Assistant City Manag ATTACHMENTS: 1. Deficit Funding Agreement (10-16-2001) 2. Consultant Services Agreement with Willdan Financial Services, Inc. 3. Resolution approving the selection of Willdan Financial Services Inc. to update Eastern Dublin Fiscal Analysis RECOMMENDATION: Adopt Resolution approving the selection of Willdan Financial Services, Inc. to update the Eastern Dublin Fiscal Analysis and authorize the Mayor to execute agreement with Willdan Financial Services, Inc. for an amount not to exceed $25,000. FINANCIAL STATEMENT: This study will be paid through developer deposit accounts. DESCRIPTION: The development of Area A in Dublin Ranch necessitated the construction of a fire station (Station 18) within Eastern Dublin to serve the area. The Master Vesting Tentative Map for Area A included several conditions, including one that required DR Acquisitions, L.L.C. to construct, equip, and dedicate a new fire station to the City. It was anticipated that the operation of the new fire station would add significant additional operational costs to the City, which could result in a deficit between the revenues generated and the costs of providing services to Eastern Dublin. To that end, the Master Vesting Tentative Map also included a condition that required DR Acquisitions to enter into an agreement with the City to fund the difference between the revenues generated in and the costs of providing services to Eastern Dublin. The agreement requires DR Acquisitions, L.L.C. to fund 100% of the deficit between the costs and revenues from the date of opening (July 1, 2003) until June 30, 2010. The agreement was approved by the City Council in October 2001 (Attachment 1). Since that time, five (5) additional developments/developers (The Quarry Lane School, Inc., Charter Properties, Pinn Bros., Standard Pacific Homes, and Braddock & Logan Services) have agreed to fund their respective share of the deficit, if any. Each year, an Eastern Dublin Fiscal Analysis is completed to determine the amount of deficit (if any). Staff contacted Willdan Financial Services, Inc. ("Willdan") to request a proposal to update the Eastern Dublin Fiscal Analysis. Willdan has completed the previous Eastern Dublin analyses and has completed several fiscal analyses for the City, including the Fire Impact Fee and Transit Center Fiscal Study. Willdan's proposal (Attachment 2) includes an update to the Eastern Dublin Fiscal model and an analysis of the revenues and expenditures in eastern Dublin. Willdan Financial Services, Inc. has proposed to complete the work for an amount not to exceed $25,000. Staff has prepared a Resolution (Attachment 3) for City Council consideration and adoption. COPIES TO: ITEM NO. 1 H/cc-forms/agdastmt.doc n RECOMMENDATION: Staff recommends that approving the selection of Willdan Financial Services, and authorize the Mayor to execute the agreement with to exceed $25,000. the City Council adopt the proposed resolution Inc. to update the Eastern Dublin Fiscal Analysis Willdan Financial Services, Inc. in the amount not ~~~- ' r Gtty vt' Dubin 4~h®n il~a~~fi~l ~~4 5~c~ Ctty Clerk Cttji of Cltabltn 100 C~ttc 4'tax~ Dui~iin, C~ 9~5+~8 s~~ a~+~ ~~~ r~s ~ ~~~@ SEC ~ ~ Z~D~ {~ /L~~Cc~1~~p~e~~[~1~1~~rt1'{~I~~ryb~G~~~Jy~~+9n`~p~ ®i~~p oD(~~p~l~On~+.~~l~l G~~~~y~J~ ~p ~~yy ®If~6 yL~=i1U~~~Itpe~~Jlf Un11~~p Y~~1C~~]gy~r~~p}L~Sp'~bpa~rSaV ]~IpuJIRLV~{~~ L5/J{~~1f~Y~OARU~nit~~l~.Qr.ll~pUU~~n~~ ~jp~~~ ~~ ~~~~ 'LO®q17~~ ~tf" ~~~V U®UOCi~~I 'k~~~RRLS~(ff`by~~V~~IPbIS if ~ (/"paUR'UIJpp p~ppL~p~s~7~UCl~ll~d~i '~i]1C~1~~ ll lrr~ ~IkV l~fi'~143~ ~~~bQlV Tl-!lS A~1~~~E~ detect far ldentr~c~an 4hts ~ dad of ~c~ober, a00~i, is end®red tn~o by end ~~een the Ctfy o~ ®~abltn, ~ munictpail corpora~on, use C~ and fDi~ Acgws~tor~s, d.L C , ~ Dele~a~ne ltmtfed i~tii~y cot~ra$ion C~®ueiope~ G~~cut~da 1 In 99~, tl~® Ctty Councti of 8i~oe Cttyy adt~ted 411e astern Duafn txn~i Plan Arnendrnent and pastern ®ubitn ~peafic Plan ("fie Spec~tc Planp~ 'i he Sp~i~c Plan provtdes a planning fraime~'or~ fair ~® fet4ure gn~h and deveiopn~nt of ap~roxit'riy 3,3D~ acres (cotlectn~eiy, ~e ~pec;~ic Pion Asea~$ 2 The Geneu~ii Ptah and the ~pect~t: f'1aa~ include goals end poltrtes #o prevent development ~rthtrs the ~esitern ~xtea~ded Plaranrr~ Ate anal tPte Sp~acr~c l'dan Area (~tet~etnaiter callec.8tvety "~as$em Dubltn'~ ~m dr~tng ~spon and diluting tl~e Seca{ base a# tine memafnder of the Ct~y 3 The ®edeioper omens oertatn prop~r~ ~a porgion oi' -~ubitn i~nt~ Aga ~+~) ~-tthen ~e Spec~ic Pian Area c~esd more par~cularly to ~a~ib ,J~ ~ahuch as tnco~orated heretro by re#ereno® irs July ~ ~~~, ttt® Grity apprmd®d a Easter ~Iesttng ~erotahv~e 1Ulags tot L?ublfrn ranch Area A to dtv~d®~ 3G9 ~1- paPCei tr~a 'i~ separate parcels of r~artous u, ~ndluding ~ parcels fir resedenfial use that ~nauld be sutsseque~iy subd~tdea~ bb su~asetiuerug ~nta~e maps 4 As parg of the a,nn~cation og ~e terrttoa~~ta~t +ncludes ®ubitn F~nc;h Area A, the Uns, i3evelopet's predecessor in in~sresi:, agreed to mecotn~nse ~® Cry ~®r 41'-e deflci4 ~ehnreert ttte c®sts of g~rodtdt~ ser~stces to the rie annesced tea~aty and tt~ revenue genera~ked 1~lithirt $he $B~U4totZf an¢~xed ~ the Ctfj~ Pctrsuan4 ~ that agreernen~,• the Ltns payrnertt ol~itcJatio~rts termieaa$ed on June 30, '1999 when revenue~,gen®rated $o th® CtQ~y t~rtaa~n the ~mtogy euceeded ~e eos4s of provtdtng servers tti $he territory A~esmant Beta~,aes- Clip of ~,n ~ t7t2 ~fsitlor~s, LL C ~ Fund ~Ctt 9 0# 6 Between Casts of Prt~vtdi[xg Ssrnce tri and Revenues C~r~atad !a ELasOenn ~n Ord' 16, ZN ~. ~~~~,. ~,~. ~1~,1 ~$~e~~~e~t ~.~ ..t ) 2~2~ 5 Pursuant tv the conditions of approval of the i~lasterNesting Tentative iViap for Dublin Ranch Area A (City of Dublin Planning Commission Resolution No 170-~36}, Ievelaper is required, pnor to the completion of a certain number of residential urnts within Dublin Ranch Area A, to construct and dedicate a never fire station. and to provide funding for apparatus necessary to operate the facility 6 1Nhen the ne~nr facilrty becomes operational, rt is estimated that the cost of providing public services to the Eastern Dublrn Area may again exceed revenues generated to the City from property wrrthln the Eastern Dublin Area 7 Accordingly, Condition i~o '400 of Resolution UO~fi (for the Aflaster Nesting Tentative Map) further requires the Developer to enter rnto an agreement with the City, pnor to the recordation of the master final map far Dublrn Ranch Area A, to fund the difference between the navenues generated m and the costs associated wrath senrioes to the Eastem DubUn Area, as defned be[v~r, commencing upon the nevi fire station becoming operational 8 The conditions of approval further obligate the City to consider a flair and appropna#e Wray of reimbursing Developer for some of 4he amounts paid to the City pursuant to the agreement, including re~uinng owners of property within the Eastem Dublin Genera! Plan area who seek City approve! of developmer~ entitlements to pay a fair and proportionate share of the amount of the deficit paid by Develaper For instance, pursuant to an annexation agreement, the developer of a property kriowm as the Quarry Lane School has agreed #o pay the Cihr 0 42°l0 of the deficit 9 As near deveiopmerit occurs within the Eastem Dublin Area as anticipated, it veil! generate revenues to the City that will reduce and, m the near future, eliminate the abobe-descnbed deficit ~ 0 Consistent wrath the goals and policies of the General Pian and Speafic Plan, and the requirements of th® conditions of approval of the ~flaster Vesting Tentative ARap, Developer and Ctty wish to enter In#o an agreement to assure the City that the Developer will fund the deficit between revenues and costs for the Eastern Dublin Area AGREE~flE6~T ~OdV THEREFORE, m consideration of the mutual promises and conditions captained herein, the Parties agree as fiollc>ws Section # Genarrai Furid Sh+ail~9ls A 'the Develop®~'s Paiyaneo7t Cb9lgations, ®efanftiorss ®evelbper shall pay the City 100% ('IOU percent) of the deficit, if any, betty e~e~ise-Costs~~ General Revenues °Public Service Costs" sl3all mea a City's General Fund cos providing public services to the Eastemm Dublin Area w1~i a m the same manner as costs are calculated city wide "General Revenues" shall mean those revenues deposited to the City's General Fund from property and inhabrtants within the Agr~eeme~rt Seiween Gty ai Dublin std DRAct~>s~hons, L LC to Fund Deflcil Page 2 of G Between Costs of PraYid~ng Service ~ and Rever~aes Generated trt F~st+em DubIN dct,ober 16, 2gQ'f Eastern Dubbn Area which shall be calculated to the same manner as revenues are 7),Yy ~ c.~, calculated city wide "Eastern Dublin Area" shall include all lands within the Eastem ~(~ Dublin Gent:ral Plan Amendment area that are cutren#iy urtthm yr are annexed to the City limits of Dubhn ~ Dura~Bton off Payr~enk C&~1lgat3oraa The Developer's payment obligation under this Section 1 shall begin when the new fire sta#~on #o be constructed rn Eastern Dublin (Fire Station 98} becomes ogeratfonal and shelf tertntnate June 30, ~D'1D ("Deficit Penod") C Au~nasa8 lFrscal Analyses The City shall prepare a f'ist~l analysts during the Defrcit Penod to Apnf of each year to estimate the amount by which the Public Senriee Casts will exceed General i~ev®nues The fiscal analysis wdl be prepared on a ~sca! year basis (July 1 to June 3D} and wdl calculate the de~rctt far the preceding fiscal year The fiscal analysis shall, in general, be as agreed upon by letter betv~een the City Manager and Developer Developer shall be responsible far the costs of preparation of the studies ®, f~aypnerags $o tae Cl$y 1~0 later than ©ctober 'I of each year dunng the Deficit Penod, Developer shall pay to City 9 DD9~ of th® deficit between Public Services Costs and General Revenues for the preceding fiscal year, based on the i'iscal analysis, plus 'I DD°~ of the cost of the fiscal analysts descnbed in Sectwn I C E. Secaetzai~y Usor Payoue®ets8~ ~lihen in the tudgment of the City f~fanager a deficit between Public Services Costs and General Revenues is likely to exist, Developer will provide the City with secunty in an amount, which shall not exceed $500,DDD, and fottn satisfactory to the City manager to becam® effective once Fire Station 'l l3 becomes operational (or some other mutually agreeable date}, to secure the payments to the City descnbi>d in Section I D above The secuRty may consist of a letter of credit ar similar instrument The letter of credit (or comparable severity) may be replaced with a letter of credit (ar comparable security} rn the amount of the shortfalls for succeeding years disclosed by the ~iscaf analyses to be performed each April pursuant to Section f C F G~teien&~urrsemeng Frorim der Pirog>~eiray Owner The City shall consider fair and appropriate ways og reimbursing the Developer same of the amounts Developer may be required to pay under this Section ! To ghe extent pem~iitted by laver, the Cray shall require owners of property within the Eastern Dubhn General Plan area that seek City approval of development erit>tiernents for such property to pay a fair and proportionate share of the amounts that. Developer is required to pay pursuant to this agreement Sec~loelf 1- Additional Pi'odtsloa~a ~- Coup®c~ess ~f tl~® l~a+ci~ls The Recitals set forth in this Agreement era true and correct and ar®a part hereof Agreement SeMreen City of Cubiin and DR Acxnrisiuoris, LLC to Fund i)etiat Page 3 of ti Between Coats of i'rovfd~ng Service fo oral Revenues Generated m Eastern Oubim Oc~ar 1S, 20b1 ~ - ., ~. (i:e~~9~er ~-ssasracroc®s 'The Parties shall execute, ackricnnriedge, and ~J, delrver such add~ttonal documents or instruments as may be necessary to carry out the ~~~ 1 intent of this Agreement, mclud#ng but not lim~tect to, those expressly referred to to this Agreement C. ~+cns4raaci~®n b~ ~al~~ata Lam Thts Agreernenfi #s entered rnty in the State of Califarn#a and shall be construed and interpreted m accordance with its laws ¢? ~spr+esen~tion otfi Comp~h®~Iaen ®~ D®ca~ment. In enbenng rnto this Agreement, the Parties represent that they hale relied upon the legal adrnce of their attorneys why are the attorneys of their choice The Parties further represent that the terms of this Agreement hale been completely read by and explained to them by their attorneys, and that they fully understand and voluntarily accept those terms E. Au~hv~htp Each Party and counse# for each Party has revrewed and revised this Agreement, and acx~ordtngiy, the normal rote of construct#an to the effect that any ambiguities arse to be resolved against the drafting Party shall not be employed m the tnterpretatton of this Agreement yr arry amendment of tt (~. ~sa~o~tty tto ~zeca~~. Each of the Parties represents and ~ranrants that each has full power tv enter into this Agreement. 4~. i~sotlare Ag~enaentn a~sait®ndeu~enta Thrs Agreemen4 satrsf±ies Condttsvn ~o 109 of Resalutron 00-36 and contains the entire agreement between the Partres t regard tq the matters set forth There are no addthonai r~intten or oral agreements or promises between the Parties concerrning these ~matters that are nit ®xpressly set forth ~n this Agreement. This Agreement may be amended or medt~ed only by an agreement m ~+nt~ng executed to the same manner as this Agreement_ I}~ A~oPn®}~.e Pess 1n the event a Party to this Agreement is fatand to a court of law to hav® breached this -~greement, said Party shaA pay the opposing Party's reasonable attorneys fees and costs incurred to Irt~gat~ng the breach o~ contract at:ttan i App~val off IPro~ect+ By entering into this Agreement, C,ty makes no cammttment that et v+niI approve the Pro}ect. ~D. ~fo4rces Ali notices shall be by oertfied mail or hand delivered to the Parties as follows Agreement t3elwsen City ar Dubtin and DR Aragn~dons, LtrC tat=und Det~cxt Page 4 of 6 Between Costs of t~rovtding Servlae to and Revenues Generated in Fastens Dubrue October 18, 2001 T~ 4he Ct4y~ Gtgy ~I~t~c ~~ ~~ H~ubBt~ 100 C~~ Pf~ P ~ Rux ~3~ ®c~b4tn, ~A 9~5GB~ ~o #h~ ~~ela~r ~~t ~-c~utstQio~s, ~..~. C ~!o ~~~~ Qv~d~bt~zen X07?' ~C~R $®t- Pitt. Sum ~~0 Ple~sarr~a~n, ~~I~~ni~ 5~6-3~ 52 I~ ~~~t~wo ~~ ~n~n~ ~~i1 ~ ~~ a~~~tns4 ghe ~t~pe~ a~esr.~tb~d to ~ib~ ~ (~ ~r~ton ~ ~ubQin ~~ttch ~) 9ft4 ~`9n ll~I`~[i*~~ ~I~CDD ~, psia~kI~ ~~v~i ~c~ ~h~s agree~cat~ f~ day ~ y~~r ~it~ ~bav~ ~ ~~' Q~ ®~D~iL~~ ~ a~ ~YD ~~r~ve~ ~s ~~ ~mn ®(El~Pl~LS~PER Q3'~ qui~~ o~~, ~~ ~: t ~~ rPY~y ~ -~' emu- re~a -~~- A4fesQ Ct~ ~1 ~€~4~i~'i~(~~~ ~11f"~'L~1~GflLi~ 5~a ~ d tw~rpd4unra~ll i$14031AC3R~a sf case aP sonrto~ 94~8Dt doe Agreement 8eiwsan C'itp of t7uhiin ar~d ORA~tssti~S, LLC ~ i=t~nd t~dt Fags 5 of fi 8e~een Costs of Providing 9erv&s to and Rues Genarabed in Easterr- q~ 16, 2~1 I9155-2 10/11/01 ~ ~ 2 `~' SC i]FxSCRiPT10~T PROPERTY SUBJECT To FIRE STATIOMAGREEMEAIT ALL THAT CERTAIi~1 RfiAL PROPERTY SITUATED IN THfi CTTY OF DUBLIN, CQUNTY GF AT.AMEDA, STATE QF CALiFORNXA,, bED AS FOLIAWS. PARCSI. 'C' OF TRACT ?~35 AS SHAWN ON THE MAP QF TRACT TI35, FILED FOR RECORD AUGUST 10, 2Q01 IlV BOOK 259 OF MAPS, PAGES 59 THRU 63, AI.AIv1Ei.7A COUNTY REOQRDS t E1V® OF D]&5CRI1'"I'IOAt ~a 5~~ DATE // // {EXP 9/3[)/04} Si'ATB OF C~ taus-maa~L~oi Nfl a4i~ ~~C~~~ ~ ~01~p~ cnm ~c~--~tAn,o ~o~~ ~~ 5142 FiC~'f'~t1 Gt+~e Sullti ~. hxi. CA. 94588.3355 {925).225~ON~ ~~ ~~ z ~r CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WILLDAN FINANCIAL SERVICES, INC. THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Willdan Financial Services, Inc. ("Consultant") as of December , 2008. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and the date of completion is specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which 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 Assignment of Personnel. Consultant 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 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 authorized by City, Consultant shalt not bill City for duplicate services performed by more than one person. Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 1 of 17 Attachment 2 ~~~~ Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant: Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ^ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ^ The beginning and ending dates of the billing period; ^ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, 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 entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ^ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ^ The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies 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 satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering 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 December 2008 City of Dublin and Willdan Financial Services Page 2 of 17 q~z~- In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly 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): 2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Pavment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Pavment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT.. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section,. and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shalt procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise 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 December 2008 City of Dublin and Willdan Financial Services Page 3 of 17 i~~~- 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. 4.1 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 ($1,000,000.00) per accident. In the alternative, Consultant may rely on aself-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 aself-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, if 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 mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 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 ($1,000,000.00) per occurrence, combined single limit coverage for risks 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 limit. 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. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 4 of 17 ~ 1 ~2y- Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: 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 basis, and not on a claims-made basis. 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 orself-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 (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period 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. 4.3.1 Any deductible orself-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 5 of 17 ~a~z~- days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy 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 prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. 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 City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 6 of 17 ~3~~~ 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination.that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles orself-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible orself-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: ^ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from .any sums due under the Agreement; ^ 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 December 2008 City of Dublin and Willdan Financial Services Page 7 of 17 ~4~z~. property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises 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 contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 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 right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or 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 incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 8 of 17 ~5~~ Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are 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 foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Eaual Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. 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. Section 8. TERMINATION AND MODIFICATION. 8.1 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' written notice to City and shall include in such notice the reasons for cancellation. Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 9 of 17 l~ot~2~' In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its 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 authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. 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 substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant 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. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 10 of 17 i~~,2~ 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surreys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS. PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 11 of 17 ig~2~- state courts. of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific.provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 of seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 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 §1090 ef.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 that, 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. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 12 of 17 ~a~a~- 10.9 Contract Administration. This Agreement shall be administered by Chris Foss, Assistant .City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Robert D. Spencer, Principal Consultant. Willdan Financial Services 1700 Broadway, Sixth Floor Oakland, CA 94612 Any written notice to City shall be sent to: Chris Foss, Assistant City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the repod/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral CITY OF Mayor CONSULTANT c------- Brian Jewett, Vice resident Attest: Caroline Soto, City Clerk Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 13 of 17 2D~z `f Approved as to Form: John Bakker, City Attorney G:\Chris\Eastem Dublin Fiscal Study 2007-OB\standard consultant services agreement munifinancial December 2008.doc Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 14 of 17 zip z~ EXHIBIT A SCOPE OF SERVICES Task 1: Update East Dublin Fiscal Impact Models The purpose of this task is to update the Eastern Dublin fiscal impact models fox the FY 2008-09 budget. The overall approach and methodology of the models will remain essentially unchanged from the FY 2007-08 update and will include: • Case study analysis of public safety costs; and • Detailed analysis of sales tax and property tax. In particular, the fiscal impact model will retain the approach that credits all retail sales tax revenue to East Dublin retail development only. No credit is given to other land use types regardless of their spending patterns either within East Dublin or in the remainder of the City. This approach has two effects on model results. First, excluding sales tax spending by East Dublin residents and businesses in the remainder of the City underestimates the overall net fiscal impact of East Dublin on the City, though this underestimation is probably minimal. Second, within East Dublin the net fiscal impact ofnon-retail land uses is underestimated and the impact of retail land uses is overestimated. Assumptions in the models that will be updated as part of this task are described below: • City staff will update the following data: Provide two updated East Dublin land use absorption ,scenarios. The land use scenario will allocate absorption between the Santa Rita/Emerald Glen area and the remainder of East Dublin. Existing development should be updated to July 1, 2008, with absorption through 2030 for each land use type. See Tables Al through A3 in the appendix of the prior reports. Provide updated residential and employment estimates for the City of Dublin. If this information is unavailable Willdan Financial Services will utilize the California Department of Finance for current population estimates and ABAG fox residential and employment projections. Provide updated actual sales tax generated in both the Santa Rita/Emerald Glen area and the remainder of East Dublin for FY 2007-08. Provide actual property tax estimates fox both the Santa Rita/Emerald Glen area and the remainder of East Dublin for FY 2007-08. Provide a projection of public. safety costs for FY 2008-09 and into the future. • Willdan Financial Services will update the following revenue and cost assumptions: Per unit property value assumptions based on a review of recent sales from assessor roll data, and input from City staff, developers, and real estate brokers; All per capita revenue and cost assumptions to FY 2007-08 budget data; Per square foot retail sales tax assumptions based on input from the County and other fiscal consultants; and Transient occupancy tax assumptions (room and occupancy rates) based on input from hotel managers. Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 15 of 17 zz ~.~ Task 2: Analyze Fiscal Impact of Land Use Scenarios Willdan Financial Services will analyze the fiscal impact of the land use scenario using the updated models. The models will be calibrated to reflect current sales tax and property tax within Santa Rita/Emerald Glen and the remainder of East Dublin. We will present preliminary results to City staff for discussion. Task 3: Draft Report and Attend Meetings Based on the results of the prior tasks, we will provide the City with updated reports that describe the fiscal impact of development in East Dublin on the City. The fiscal impact report will compare the impacts of the two land use scenarios. We will prepare administrative draft reports fox staff review and based on comments received prepare final reports. This task includes up to two meetings with City staff, developers, and the Council to gather data, review preliminary results and administrative drafts, and present the final report. Staffing Robert D. Spencer, Principal Consultant of our Financial Consulting Services Division, will be the principal-in-charge with responsibility for ensuring that the final product meets or exceeds your expectations. Mr. Jonathan Young will be the project manager fox this engagement with responsibility fox completing all work and keeping the project within budget and on schedule. Schedule We will provide an administrative draft report within 120 days of receiving all updated assumptions from City staff noted in Task 1. We will provide a final report after receiving comments on the administrative draft from the City. Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 16 of 17 23~~`f Budget We will complete this study for a lump sum cost not to exceed $25,000, including all direct expenses. We will invoice the City monthly based on the percent of each task completed using the following schedule of total costs by task: Task 1 $12,000 Task 2 8,000 Task 3 5,000 Total $25,000 Consulting Services Agreement between December 2008 City of Dublin and Willdan Financial Services Page 17 of 17 RESOLUTION NO. - 08 2~~j~"~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE SELECTION OF WILLDAN FINANCIAL SERVICES, INC. TO UPDATE EASTERN DUBLIN FISCAL ANALYIS WHEREAS; in July 2000, the Planning Commission approved Master Vesting Tentative Map 7135 for the development of 562 homes and a golf course in Dublin Ranch Area A; and WHEREAS; the developer, DR Acquisitions L.L.C. agreed to enter into an agreement with the City to fund the difference between the revenues generated in and the costs of providing services to eastern Dublin (October 2001); and 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 minimum revenue neutral; and WHEREAS; the fiscal analysis will enable City Staff to determine the deficit (if any) in eastern Dublin; and WHEREAS; Willdan Financial Services, Inc. has a clear understanding of the project scope and is able to perform the requested task. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby select Willdan Financial Services, Inc. to update the Eastern Dublin Fiscal Analysis and authorizes the Mayor to execute the contract with Willdan Financial Services, Inc. in an amount not to exceed $ 25,000. PASSED, APPROVED AND ADOPTED this- day of December, 2008. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G: IChrislEnstern Dublin Fiscnl Study 2008-91FORM-reso08 munifinnncial fiscal study.doc Attachment 3