HomeMy WebLinkAbout4.02 FiscalImpactConsAgmtCITY CLERK
File # E1&06-[Kd
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 1, 2004
SUBJECT: Consultant Agreement to update Eastern Dublin Fiscal Impact
Analysis
Report Prepared by: Christopher L. Foss
Economic Development Director
ATTACHMENTS: 1. Conditions of Approval (106-110) — Dublin Ranch Area A
2. Deficit Funding Agreement (10-16-2001)
3. Proposed Resolution
4. Consultant Services Agreement
RECOMMENDATION: Adopt Resolution selecting MuniFinancial for the Fiscal Study and
authorize the Mayor to execute agreement with MuniFinancial 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 (see Attachment A).
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 (see
Attachment B).
Staff contacted MuniFinancial, Inc. to request a proposal to update the Eastern Dublin fiscal impact
analysis. MuniFinancial completed the initial study in 2001 and has completed several fiscal analyses for
the City, including the Fire Impact Fee and Transit Center Fiscal Study. MuniFinancial's proposal
includes an update to the Eastern Dublin Fiscal model and an analysis of the revenues and expenditures in
eastern Dublin. MuniFinancial has proposed to complete the work within one hundred eighty (180) days
for an amount not to exceed $25,000.
-------------------------------------------------------------------------------------------------------------
COPIES TO:
ITEM NO. 4.,;z
Wcc-forms/agd astm t. d oc
RECOMMENDATION: Staff recommends that the City Council adopt the proposed resolution
approving the selection of MuniFinancial, Inc. to update the Eastern Dublin Fiscal Analysis and authorize
the Mayor to execute the agreement with MuniFinancial, Inc. in the amount not to exceed $25,000.
t# '" '~ONDITIONTEXT RES?ON.. WHEN ' ' ~OURCE
. AGENCY REQ'D
sidewalks or ~urbs unless otherwise determined by the Director of . ..- ..'i' -:
Public Works and the Director of CommunitY Development.-
103. i Landscaping in Parks,. Open Spaces and Stream Corridor Parcels.- PW, PL 'Occupancy of
The landscape improvements for the streetscape adjacent to the Golf . the first unit
'Course (Parcel G) and other'landscape/trail corridor parcels shall be ' and' the
installed by Applicant/Developer'concurrently with the development · · . direction of
of the adjacent residential parcels unless' otherwise specified by the ' the Directorof :, ...
Commun:ity Development Director.'"'. ' . .' · : · Public Works
104. Landscaping at Aisle Intersections. Landscaping at intersections. · · 'PW, PL ' Occupancy of -..
shall be such·that sight distance is not obstructed. Except for trees, ' . the fkst unit ". '-..
lahdscaping shall n°t"be higher than 30 inches above the curb in these · '. and the -
... . .......... ~ ....... direction of' .
areas. ' . :. ' ·
' · "' · ' Public Works
EMERGENCY SERVICES '" ' :'"-.'. . -:','.-; ': ..... :... : "';..: .'~:"?:i--.....' .:.':".~,.':;'...'....':': "/.::' '".'.~. ;'( '. '-'
105.: Damage/Repairs. tfused as construction access, the Developer shall PW OccuPancY of
repair all' damaged existing pavement, street, curb, g.utter and ' first building
sidewalk '.along Antone Way, existing Fallon Road North Dublin
Ranch Drive, South Dublin Ranch Drive; resulting from constrUction
and vehicle traffic as'a result of construction activities to the
satisfaction of the Director of Public Woi'ks. .
1 Permanent Fire Station.. At no cost tothe City of Dublin, ' PL ' Per Condition
Applicant/Developer. shall constrUct a permanent fire station and
dedicate the Station,together with the land on which it is located, to
the City, and pr0vide.funding't0'acquir~ necessary fire apparatus and :
equipment tO oper~/t~ an Engine Company. from the station: No 'later"
than 20 months prior to the anticipated date 0fCertificate of
Occupancy for the 312th dwelling ·unit in Areas A-l, A-6 and A-7"
(Which.anticipated date shall be determined by Applicant/Developer, "
with City approval), ApPliCant/Developer shall submit a proposal to ".
City, for City approval, describing the land tO be' dcd'icated f0i: the fire " .
station site. Once City.has app¢oved the location ofthe fire station ...
site, 'the ApplicanffDeveloper shall enter in·to an improvement
'agreement shall provide for Security, in a form and. amount
satisfactory to City, to secure the ob!:gat:on to dedicate and construct
the station and shall include a provision indemnifying the City against
any claim'related to compliance with all laws.· ........
· .The improvement agreement/;hall.be executed no later than 12
months prior [o the anticipaled dated 0fCertifiCate oFOccupa~¢y fo_r ' ' '. "'
the 312th dwelling·unit' in Areas A- I, A-6 and A-7.' The fire station
shall be constri,cted in accordance with CiD"specifications. Applicant
Shall provide City with the fundg:required bY City.to purchase the
required ·apparatus and equipment or a.guarantee of such funds, ir: a "'
form satisfactory to City at the same·time·the improvement agreement -
provide· the ·
iS executed~ Developer shall construct th.e fire station,
nolater . II
funds to City to-purchase tile apparatus and'equipment and dedicate .
the land.to the City in' sufficient time t'o insure that the stat[on iS ' . _
.complete and the apparatus and e/quipnienf are :operational
ATTACHMENT 1
# CONDITION TEXT ' RESPON. WHEN ...... SOURCE
AGENCY REQ'D
· Prior to:
than si'~ months a~er the issuance (~fthe Cert{~cate of Occupancy for "
the 312th dwelling unit in Areas A-1, A-6, and A-7 of Master.Vesting
Tentative Map 7135, provided however, than in no event will City
accept the land and firestation prior to July 1, 2004 (or July 1, 2003 if
the ApplicanffDeveloper provides the City with an irrevocable letter
of credit in a form and amount acceptable to City guaranteeing ..
payment of the deficit between the general fund revenues generated .
':from the Eastern Dublin General Plan area and the cost of operating ..
the station the fire station from July t, 2003 to July 1, 2004). A
· . failure on the part of Applicant/Developer to comply with any of the . . . .
above requirements may_ result in City's.withholding of issuance Of
building permits and/or certificates ofoceupancy for any of the - ' . .
propertY'subject to this master tentat{ve map. No Certificates of ...
Occupancy will be issued, in any Areas Shown on Master Vesting. . .
Tentative map 7135 other than Areas A-l, A-6 and A-7 until'the fire ....
s.tation has been dedicated to .City and the station i.s...o. ~erational.' . . ..... · . :'.. ·
..._.[#" CONDITION"~EXT RESPON. WHEN SOURCE·
AGENCY REQ'D .
· . '" Prior to:
107..i Option/il Temporary S{ation. Thi~ option.shall be exercised only if ?L . Per Condition
a suitable permanent site for a fire station is not approved by the City · '
19months prior to the anticipated date ofCert.ificate o£Occupancy for. · ·
the312th dwelling unit in'Areas A-l, A-6 and A-7. In such event, the . ....
ApPlicant/Developer,'at no cost to the city, Shall provlde.a temporary
site, construct a temporary fire station and provide funding to City'to ' ..: ·
enable City to purchase apparatus 'and. equipment to operate an Engine ' "" ' i' ' ·
- Company from the temporary station. No later than twelve (t2) · .' '.. ' . ' ·
:. months prior tO the 'anticipated date '0f:Certificate of Occupancy fo~' " 'i." '
. A-7., . '-' .-
: the 312th dwelling unit in Areas A-l, A-6'and ' '" . .' ": ·
Applicant/Developer shall SUbmit a proposal to City,'for City revieTM .
and approval, describing the size and location of the temporary Site',' '. "" ' .' .'
together With a proposal fot'~{mdtures to be Us.ed fo~h'~"temp6rdry:. ' ' · "". ·" ""
· . fire station: In addition,'no later than twelVei(lfl) months prior to.-:, ~:- : · -
' Certificate 0f'Occfipancy for the 3 t2th dwelling Unit in' Areas A-l, A- - · ' ~ '- "
6 and A-7, the'Developer Will providelCity Wi!h the funds'required by · ".' ' .~ .: '"..'.: ". .....
" City to purchase the required apparatus ~tnd. equipment or a guaranfee . '-' · :: ..... · :' .:"
.. of such funds, in a form satisfactory tO C!ty. The temPorary fire'~ ...'" ii . .. '
station Shall be constructed in accoi:dance With City specifications.' ' · .... -' ' .;~ .' -:.-.',
.Developer shall ~onstruct the tempo'rat) fire.stall0n, provide the funds ..~ . . .'....
to City to PurchaSe the apparatus'and'eqUipment'and... . ... . 'dedicate.. a. . . · .. ...... ..: '~" ' ...
'temporary righ{'to the [and to the City in sufficient time:to i.nsure'that ''. - · · : . '..
the station is' complete no later' than Six months aPter the issuaric~ of~ .' .....
. I the Certificate of OccupanCy for the'312th dwelhng umt m Areas A-l, :'. ,. .
' A-iS"and A-7 of Maste~Vesting Tentative'Map-7135, Pr0V'ided' ..."'- ". :' ' ' '..'...'""'.". .' ·
however,'than in n'o event will Cit~ ac'~ept the'temporary:interest in' ' ' '..'- '. '.' · · '- ' '.'. ·
the land and fire station pri~>r t0July I~200'4 (or July 1,5/003 ifthe.' . .. .' · :.:~. '..i .
'Applicant/Developer proVides.the' City with.an' irre~/ocabie'letter of "": "' ' · .... :- '~ ·-'.-' ,' ' ~:'.-" i" ''~ '"':"i' ~.'
credit in.a form and amouniacceptable t6 City guaranteeing payment ~. '......-': : '~ '~.. ' . ,
"· of the deficit between the:gene~'al fund revenues generated from the' ' i"'" ' ".i "'" ' ' .' . .': '"': '."
: Eastern Dublin General Plan area"and the co~i~ofoperating the station'- '..i .' I ' .:" · .... .:
· :. the fire station from July' l;~2003 to July :l', 2004): : ' , :' . :' · ' .' · ' ' 'i' '" ' .'.. i'..:.
·' TheCity's'riohto .toUsethe p prty'ro e ..... for the temp0rary.. -.firestati0n. ' 'shall .. '. -.. ' ' · .... ...: ." '' .
terminate when a permanent fire station is constructedand ls ' . '. .. '. '" ' . . · ,. '
' Operational :Once a'permanent fire station is con~tructed':aiad'is" ........ ' "':' ' . ' · .... ' ' .... :' '"'.:' ' '
' operationali Developer/Applicant shall,'at its sbic cost, remox;e.the - ':' ' · : " .. · '" ·
.'- . temporary fire station wnhm threenionths.ofwntten not,ce fr0.m'Clty.. ' .:.': . . ... :....'. ":- . .. :.~.
'" A' failure on the pa'it ofApplicant/DeCelop, er io complywith any Of ' - '~' - : · ' . : "-' ' ·
. .' the abOVe requirements may resuli in city swithhotding 6fissuance' . ' ":'., ' ' ' ': .... '' ....
' of building permits and/or certificates of occupancY for'anY of. the ..- '.'". ?" "..' i '.~ . · .' ': · .":i ~..
property subject to. this master tentative map~ N0'Certificates Of ::" "".' '. ' ' "i ' ...
· ' Occupan~yxvill be issued in anyA'reas shown 6n Master.' Vesting ':'..i "i" .':':. :.. .": 7' "." '..[ .i .i.:.'::'-.-. :
Tentative map 7135'0thor than Areas A-l, A-6 and A-7 unfit the fire i "' · i .'. ' '
'. station has' been provided tO City and isoparatlonal. "' '.: ':.: ' ~ : .' . " · -'. :.. ' ::.." '.
23
~ .. CONDITION TEXT" .... RESP6N. WHEN
AGENCY - REQ,D
Prior to:
108' ~ptional. companY fr°m t~porary stati°n' .Temp°~'ar~ Station. This option shall be exercised ~ialy"if PL .' Per Condition/ '/
'a'~J~able permanent site for a fire station is not approved by the City · . ' ' ' .
· 19 n-l~nth's prior to the anticipated date of Certificate of Occupancy for ' ' ~ '"J
' the 31~d~velling unit in Areas A-1, A-6andA-7. In such event,the ' ! /'
Applican eveloper, at no cost to the City, shall provide a temporary . . ,
.s~tPfl}~tru~ temporary fire station andproVide funding t0 City to' · ~ · ~ ''. !
'enable City to'~chase apparatus and equipment to operate an Engine '" ' ' ' / "'
No later than twelve ('~iD'months prior to the anticipated date of i ' ~' i/ ': .' · i.." "
Certificateq~OC.C. upanc~[rthe3!2thdwellingunitinAreasA~l'A' · : · ~.. I~r .. 'i -'-' ""
C~..TM and approval, desi~bing the:Size and location of thO- ' . . ' '~/7 .. :" i '
7 til the fire Stafionhas been'provided to City and is operational.'. , ": ' .... "~"" ' ....
097 Credit for Permanent Fire Station Land, Station and Apparatus. PL -. poi Condition. .
.The App!icantfDe;vel0Per will be entitled to a credit for the land - · .'" · . "" '
. 'dedicated for the Permanent fire' Station, the cost 0'fconstructi0n of the' " · ' ' ' :': '
~. :
24
t# ." 'CONDITION TEXT RESPON-, WHEN SOURCE
-. , . · . . AGENCY REQ'D
permanent fire station and cost of any monies advanced for fire . .. ..
apparatus. The amount of the credit to be given for!and and · '
improvements shall be determined.by City's Public Works Director at' . . ·
the time the AppliCant/Developer enters into an'improvement : . . . ..
agreement with City for construction of the fire station, using the land · .-.
values and costs of construction used by City in calculating City's
then-current Fire Impact Fee. The amount of the credit to be given for .. · ' "'
fire apparatus shall be determined by the City. Manager at the time the .. '.-.. ' ' '.. ..
Applicant/Developer provides funds for acquisition 0f apparatus, ' '
using the apparatus COSTS used by City in calculating City's. then-..' . ,
Current Fire .Impact Fee.. The amount of the credit, once established,~ '
· . shall not be'increased for inflation'.nor shall interest accrue on the ;.'.~".: .' . ~ ' .... - '
amount of"the credit..The c.red'it, may' be used by.Applicant/Developer :."i'.'" .. ;: i:.~'" ~.. '.
'against payment of City's Fire Impact Fee for any property within · ....
' Eastern Dublin' owned by Appiicant/Devet0Per and, With written.. ' ' ' ' ~.. "": ' '...: i'"
notice to City, m~y be transferred to another developer in Eastern..: . .. .. '
If the Applicant/Developer has not been able to use the credit within ' '.
'" ten years ofeitab!ishment of the credit, thi remaining Credit shall' ' '."'." , . · '- '.': . .' : ..,
convert to ~ right of reimb, ursement' provided that the unused credits . . ·
shall c0nve/'t to a. right of reimbursement Cailler than ten years once · " · '':''""' ' "'" '- '~'' ' ""
~ Fire Station '1.7 has been paid for'by fire impact'fees. The .~ ~.. ... .. :'..
~ Applicant/Dex;elop~r shall enter into a Credit/Reimbursement. :-~: ......: . .'... ~' · : .~.
Agreement With City.at the time the cred~t'is established to pri~¢ide '. '.
use/right shall' be substantially similar to the provisions &the City's'.. ". ....
Traffic Impact Fee Gui'delines (as adopted by Res'olution No.' 23-99)" : . .~ .
'. except that the right of reimbursement shaIl not terminate I0 ~ears .::.:: . ." .. ..... . . · -- · .:-.. ---.... .....
aftei- iris established but shall c0ntinue'un'tit City'has'reimbursed '.
ApplicantrDevei0per !~or all. unused ct'edits, provided any .... '. '~. . .: . .
ieimbursement Shall .be from Fire Impact Fees collected from ..- . ..,
.developers Within Eastern Dublin only.. '" ' . " .
If Applicant/Developer intends to Convey its-interest in al! parcels ".. . . . "i... .
'. Shown on the Master Tentative 'MAP, the APplicant/DevelOper will ., : . · . .
" first ente~'into an 'agreement wit'h City'to secure the obligations. °fthis. '-" .... .. ~' ' .... '
· condition'and ~vill then'assign such agreement to the owner of OhO'Of ..- . . . "·
.1 lO.i Cost of Services..' The Applicant/Developer witl enter into an ' ?L ' ' Per Condition. '
agreement with the City prior to recordation of:the final map for this. ' · .. .... ·
master te.ntative map to:fund the difference,, if any between the ".. '. ·" ... : ..;;, ..
'revenues from the Eastern Dubl{i{ General Plan area on an annual. : : ·
basis and the cost~ associated with services.to pi:operties in the' ..".. '.. .. ....... - . :..: .
EastemDu'blin General PI'an ar~a'. The agreement will provide that the. . ':
f-" . Applicant/De~'e[oper ~,~.il[ annuali-y deposl.t, th'e .am. ount of the deficit :: '... .' .~': .~ :. · .-.' ·
t for yearty 6'perational 6osts for oPerat-ing the fire station (whether' ' ,-. · . .....
25
'# CONDITION TEXT RESPON. WHEN !SOURCE
' AGENCY REQ'D
. Prior to:
permanen~ or temporary) when th~ fire station is operational and .. -
terminating, when there is no deficit between revenues and costs, ...
provided in no event shall the Applieant/Devel0per be responsible for ' .
deficit funding beyond July 1, 2010. The agreement will include a
requirement that the ApplieantdDeveloper pay the cost cfa study to
determine the amount of current revenues and costs and periodic ~ . .
study Updates. The agreement will provide for security for the annual ... ·
obligation to the satisfaction of City. . · .. '.. .'. i . .
The City of Dublin will consider fair and appropriate waYs of -.~ ' .... '.
reimbursing Applicant/Deyetoper some 0fthe amounts . '.. · '. · ~ :..' .'...': .' ·
- Applicant/Developer is required to pay to City pursuant to the "' ': ' ' ' "'... ".
agreement des6ribed in the PreCeding paragraph."To the exten't ..... "-';'-" ..?.-' :" .... ·
. permitted'by law, the City will require owners of property within the "" . "
Eastern' Dublin General Plan area who seek City approval of · ' · ' '. ' -
developme'nt entitlemehts, for such property to pay a fair and -. .... ' . .. .. - ·
proportionate sharelof'th~ amount of the deficit paid by · ... . .
Applicant/DeveloPer pursuant to the above-described agreement. ' : : ..
11. Optign to'Advance Finds. As an alternative to the requirements oi3 PL Per'C0ndition...: :'
paragraphs A and B above,'the Applicant/Developer may, .no later..' . ..... . '.. ....
than 20 months prior. .to the anticipated date. of Certificate of '... '-'.. .... . .
Occupancy' for the 312th'dwelling unit in Areas A-1, A-6 and A-7, . . .. .-
advance to City the amount 0fmoney City determines is necessary for . "'i :. '.' '.." ' '"ii ' '
City to acquire property, construct a'permanent fire Stationland , . .: -.. : .:. ... .:-
purchase th, e 'necessary fire apparatus and equipment tO operate an · ' '
.Engine Company from the. station. Applicant/Developer Will be .'. . .· " ... .
entitled to a credit as. described in paragraph C above for an3~ such ....
advance. "' · ' " .... '"" . ' ' "'." .... * "'
This condition will be noted in the conditions Of approval of the - .. ' .- '"
tentative maps for all of the parcels shown on this master vesting ..
tentative map ' ~ " ' '
i2. Secu~'ity for Applicant/Developer's Obligation to Provide Fire PL Per Condition ...
Station. This conditiofi wi fl remain applicable to, and shall be'a ....
condition on, any of the parcels shown on this Master Tentative'Map: · ' ~ '
which'are owned bY ApplicanffDevel0pei~ and Pdt'eels A-.1., A-6 and ..... ......
A-7. IfApp!icant/Developer intends to convey its interest in all ... . '. . .
parcels shown on the Master Tentative MaP, the Applicant/Developer · . ' . .. ." .'
· will first enter into an agreement with City. to secure the obligations of : ..
this condition and"will'then'assign such agreeme'nt'to the owner of one .... '-:' ':
Of Parcels A-l, A-6 orA:7. "' .. · -
13. .Wildfire'Management Plan';l'he. Developer shall comply with the ' F, PL, - ' Record{fig
· City, s Wildfire Management'Plan for covering long-term - . pw · .. of Final .. ..'...
maintenance of the Urban;open-space interface. The Plan . Map . . ..: . .
requirements shall be incorporated into'the CC&Rs for the project. '. :i.-. .' ... .. '..
14. . Alameda County Fire S. grvices, Rules, Regulations and' ' ' ' F · '. Issuance 0f'
' Standards. The Applicant/Developer shall comply with alt ... '.'.." Building . ..'
. ' .. permi.ts ·
26
· CITY CLERK.
File #
AGENDA STATEMENT
CITY. COUNCIL MEETING DATE: October 16, 2001
SUBJECT: Agreement Between City of Dublin and DR Acquisitions, L.L.C.
to Fund Deficit Between Costs of Providing Service to' and.
Revenues Generated in Eastern Dublin
Report Prepared by Richard C. ~lmbrose, City Manager
ATTACHMENTS: Agreement Between City of Dublin and DR Acquisitions, L.L.C.
RECOMMENDATION: X~~' Authorize Mayor to execute the Agreement
FINANCIAL STATEMENT: None
DESCRIPTION: -The City's General. Plan and the Eastern Dublin Specific Plan
contain goals and policies to prevent development within the Eastern Extended Planning Area and.the
Specific Plan area from drawing upon and diluting the financial base of the remainder Of the'City.
Pursuant to those policies, upon'the annexation of Dublin Ranch, the City required that the Lins, pursuant
to the Dublin Ranch annexation agreement, to fund the deficit between revenues generated in Eastern
Dublin and the City's costs of providing services to Eastern Dublin. The Lins' obligations under the
annexation agreement expired when a deficit no longer existed.
The development.of Area A of Dublin Ranch necessitates the building of a fire station within Eastern
Dublin to serve the area. Various conditions in the Master Vesting Tentative Map for Area A (City of
Dublin Planning Commission Resolution No. 00-36) reqm.'re DR Acquisitions, L.L.C. to construct, outfit,
and dedicate to the City.a new fire station ia Eastern Dublin.
Since the operation of a new fire station will resUlt in significant new operational costs to the City, which
may again resUlt in a deficit between the revenues generated in and the costs of providing services to
Eastern Dublin, the Master Vesting Tentative Map for Area A also includes a condition that requires '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 attached agreement requires DR Acquisitions, L.L.C. to fund 100% of the deficit between costs and
revenues from the date of the opening of the fire station until June 30, 2010.. Under the agreement, each '
year the City will prepare a fiscal analysis to determine the amount of the deficit, if any. The agreement
also requires the DR Acquisitions to provide security at the time and in a form and amount acceptable to
COPIES TO: ~
ITEM NO.
G:\CC-IviTGS~200IQTR4\OCTOBBR\I0-16-01\AS-FIRE STA FUND DEFICIT. DOC
the City Manager. Finally, the agreement requires that the City seek to collect from future developers of
property within Eastern Dublin their fair and proportionate share of the amounts contributed by DR
Acquisitions and to.' reimburse those amounts to DR Acquisitions.
Recommendation:
Authorize the Mayor to execute an Agreement with DR Acquisitions, L.L.P. to Fund Deficits BetWeen
Costs of Providing Service to and Revenues Generated in Eastern Dublin.
200145 ,
When Recorded ail To:
C~ of Dublin
Dublin, CA 94568 "
DEC 1. 3 Z00t
AGREEMENT BE~EEN CIW OF DUBLIN AND
. DR ACQUISI~ONS, LL.C. TO FUND DEFICIT BE~EEN CI~ OF DUB~
COSTS OF PROVIDING SERVICE TO AND R~NUES 6ENEU~D
IN ~S~RN DUBLIN
THIS AGREEMENT dat~ ~r ~dfica~on ~is ~ay of O~o~r, 2001,
enter~ into by and ~een the C~ of Dublin, a munidpai ~oradon, (~e C~) and
DR Acquisitions, LL.C., a Delaware limited-IhbiliW ~oration ~'Develo~¢).
Recihls
1. In 1993, the CiW Council 0f ~e Ci~ ad.ted ~e ~ern Dublin ~neml Plan
Amendment and Eastern Dublin S~c Plan (~e Specific PI~"). ~e Specie Plan
pmvid~ a phnning ~m~ for ~e ~re gr~h and devaopmnt of approxim~ely
3,300 acres (~lle~Ne~, ~he Spe~c Plan ~a3.
2.. The G~eml Plan and the Sp~ific Plan. incl~e goals and policies to prevent
development w~hin ~e Eastem ~nd~ Planning ~ea and the Specac Plan Area
(h~einaffer cold.rely "Eastern Dublin~ Eom dining u~n and diluting ~e fis~l base
of the remainder of the C~.
3. ~e ~velo~r owns ~in pm~ ("a potion of Dublin ~n~ ~ea A")
within ~ Sp~ific Plan Area d~~d more pa~cular~ in ~ibE A, which is
inco~mt~ herein by referent. In Ju~ ~ 2~0, ~e C~ a~rov~ a Master Vesting
Ten~five Map ~r Dublin .Ranch Area A to dirge t~ 369 +/- acre pardi i~o 12
~pamte par~ls of various urns, indudi~ 7 pa~ls.for r~e~al use ~at wou~ be
subs~uen~y subdivid~ by sub~nt ten~t~e raps.
4. As pa~ ~e annexation 0f~e re.to, that includes Dublin Ran~ Area A,
· e Uns, Developefs praetor in interest, agr~ to re~m~nse the C~ for the
deficit be~n the ~s~ of providing ~wi~ to the ne~ annexed ter~o~ and the
revenue ~nemt~ WEhin t~.te~o~ annex~ ~ the Ci~. Pumuant to ~ ~reement,,
the Lins paymnt obligations termina~ on June 30, 19~ when revenues genemt~ to
the Ci~ w~hin the te~to~ ex~ the ~ts of providing ~s to the ~to~.
Agreement Between City of Dublin and DR Acquisitions, L~L.C. to Fund Deficit Page 1 of $
Between Costs of Providing Service to and Reveaues Generated in Eastern Dublin October 16, 2001
5. Pursuant to the conditions of approval of the Master Vesting Tentative Map
for Dublin Ranch Area A (City of Dublin Planning Commission Resolution No. 00-36),
Developer is required, prior to the completion of a Certain number of residential units
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 Dublin Area may again exceed revenues
generated to the City from property within the Eastern Dublin Area.
7. Accordingly, Condition No. 109 of Resolution 00-36 (for the Master Vesting
Tentative Ma p) further requires the Developer to enter into an agreement with the City,
prior to the recordation of the master final map for Dublin Ranch Area A, to fund the
difference between the revenues generated in and the costs associated with services to
the Eastern Dublin Area, as defined below, commencing upon the new fire station
becoming operational.
8. The conditions of approval further obligate the City to consider a fair and
appropriate way of reimbursing Developer for some of the amounts paid to the City
pursuant to the agreement, including requiring owners of property within the Eastern
Dublin General Plan area who seek City approval of development entitlements to pay a
fair and proportionate 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 deficit.
9. As new development occurs within the Eastem Dublin Area as anticipated, it
will generate revenues to the City that will reduce and, in the near future, eliminate the
above-deScribed 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 the City that the
DeVeloper will fund the deficit between revenues and costs for the Eastern Dublin Area.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, the Parties 'agree as follows:
Section I. General Fund Shortfalls
A. The Developer's Payment Obligations; Definitions. Developer shall
pay the City 100% (100 percent) of the deficit, if any, be~.~.een-P~.E~e~~
General Revenues. "Public. Service Costs" shall mea~the City's General Fun~.L(~f~~
providing public services to the E .astern Dublin Area wh~c'~rsha~ca~ithe
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 Acquisitions; L.LC. to Fund Deficit Page 2 of 6
Between Costs of Providing Service to and Revenues Generated in Eastern Dublin October 16, 2001
Eastern Dublin Area which shall be calculated in the same manner as revenues are
calculated city wide. "Eastern DublinArea" shall include all lands within the Eastern
Dublin General Plan Amendment area that are cUrrentlY within or are annexed to the
City limits of Dublin.
B. Duration of Payment ObligatiOns. The Developer's payment obligation
under this Section I shall begin when the new fire station to be constructed in Eastern
Dublin (Fire Station 18) becomes operational and shall terminate June 30, 2010 ("Deficit
Period").
C. Annual Fiscal Analyses. The City shall prepare a fiscal analysis during
the Deficit Period in April of each year to estimate the amount by which the Public
Service Costs will exCeed General Revenues. The fiscal analysis will be prepared on a
fiscal year basis (July I 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 preparation of
the studies.
D. Payments to the City. No later than October 1 of each year during the
Deficit Period, 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 described in Section I.C.
E. - *Security for Payment. When in the judgment of the City Manager a
deficit between Public Services Costs and General Revenues is likely to exist,
Developer will provide the City with security in an amount, which shall not exceed
$500,000, and form satisfactory to the City Manager to become effective once Fire
Station 18 becomes operational (or some other mutually agreeable date), to secure the'
payments to the City described in Section I.D above. The security may consist of a
letter of credit or similar instrument. The letter of credit (or comparable security) may be
replaced with a letter of credit (or comparable security) in the amount of the shortfalls for.
succeeding years disclosed by the fiscal analyses to be performed each April pursuant
to Section I.C.
F. Reimbursement From Other Property Owners. The City shall consider
fair and appropriate ways of reimbursing the Developer some of the amoUnts Developer
may be required to pay under this Section !. 'To the extent permitted by law, the City
shall require owners of property within the. Eastern Dublin General Plan area that seek
City approval of development entitlements for such property to pay a fair and
proportionate share of the amounts that. Developer' is required to pay pursuant to this
agreement.
Section II. Additional Provisions
A. Correctness. of the Recitals. The Recitals set forth in this Agreement
are true and correct and are a part hereof.
Agreement. Between City of. Dublin and DR Acquisitions, L.L.C. to Fund Defidt Page 3 of 6
Between Costs of providing Service to.and Revenues Generated in Eastern Dublin October 16, 2001
B. Further. Assurances. The Parties shall execute, aCknowledgel and
deliver such additional documents .or instruments as may be necessary to carry out the
intent of this Agreement, including but not limited, to, those expressly referred to in this
Agreement. ~.
C, ConstruCtion by California Law, This Agreement is entered into in the
State of California and shall be construed and interpreted in accordance with its laws.
D, Representation of Comprehension of Document. In entering 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 to them by their
attorneys, and that they fully understand and voluntarily accept those terms,
E. Authorship. 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 beemployed
in the interpretation of this Agreement or any amendment of it.
F. Authority to .Execute. Each of the Parties represents and warrants that
each has full power to enter into this AgreemenL ~
G. Entire Agreement; Amendment. This Agreement satisfies Condition No.
109 of Resolution 00-36 and contains the entire agreement between the Parties with
regard to the matters set forth. There are no additional written or oral agreements or
promises between the Parties concerning these matters that ar~e not expressly Set forth
in this Agreement. Thi~ Agreement may be amended or modified only by an agreement
in writing executed in the same manner as this Agreement.
' H. Attorneys Fees. In the event a Party to this Agreement is fOund in a
court of law to have breached this Agreement, said Party shall pay the opposing Party's
reasonable attorneys fees and costs incurred in litigating the breach-of contract action.
I. Approval of Project. By entering into this Agreement, City makes no
commitment that it will approve the Project.
J. Notices. All notices shall be by certified mail or hand delivered to the
Parties as follows:
Agreement Between City of Dublin and DR Acq~uisitions, L.LC. to Fund Defidt Page 4 of 6
Between Costs of Providing Service to and Revenues Generated in Eastern Dublin October 16, 2001
To the City: City Clerk
City of Dublin
100 Civic Plaza
P. O. Box 2340
Dublin, CA 94568.
To the Developer: DR Acquisitions, L.L.C.
c/o Martin Inderbitzen
7077 Koll Center Pkwy, Suite 120
.Pleasanton, California 94566-3152
K, · -'-Recordation. This Agreement shall be recorded againstthe Property
described in .Exhibit ,A (a portion of Dublin Ranch Area A).
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year flint above written.
CITY Oi= DUBLIN DEVELOPER
DR Acq i6ns, Lf.C '
~0
Approved as to form:
Attest:
City CI~
[NOTARIZATIONS ATTACHED]
J:',wpcNVlnrs~114t103~u~GREEU~ station cost of servlce_lOOSO!.doc
Agreement Between City of Dublin and DR Acquisitions, LL.C. to'Fund Deficit Page 5 of 6
Between Costs of Providing Service to and Revenues Generated in Eastern Dublin Ocl~3er 16, 2001
19155-2
lO/11/ol
· B.C.
DESCRIPTION
PROPERTY SUBJECT TO
FIRE STATION AGREEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 'C' OF TRACT 7135 AS sHowN ON THE MAP OF TRACT 7135, FILED FOR RECORD
AUGUST 10, 2001 IN BOOK 259 OF MAPS, PAGES 57 THRU 63, ALAMEDA COUNTY RECORDS.
END OF DESCRIPTION
~.~412
LICENSED
STATE OF
mAOKAY&$OmPS
CIVIL ENGINEERINGeLAND PLANNINGeLAND SU~
5142 ~n~n ~ $~ B, ~ ~ 9~3~
(925) 22~
19155-2bc10-11-01FiveS~fic~gz~n'~mt-doc "
RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE SELECTION OF MUNIFINANCIAL, 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 Eastem 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; MuniFinancial 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 MuniFinancial Inc. to update the Eastern Dublin Fiscal Analysis and authorizes the Mayor to
execute the contract with MuniFinancial Inc. in an amount not to exceed $ 25,000.
PASSED, APPROVED AND ADOPTED this day of__., 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
H: [CC-FORMSIFORM-reso. doc Attachment
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
MUNIFINANClAL, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
UuniFinancial, Inc. ("Consultant") as of June ,2004,
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 shall end on September 3, 2004, the date of completion 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,
reassign 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 shall not bill City
for duplicate services performed by more than one person.
Consulting Services Agreement between June 1, 2004
City of Dublin and MuniFinancial Page 1 of 14
Attachment ~
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 contril:Jutions 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 numbe~: 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 c~ompletion 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 June 1, 2004
City of Dublin and MuniFinancial Page 2 of 14
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 following fee schedule (Exhibit B):
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
[NOTE TO STAFF: IF NECESSARY, THE EXPENSES MAY BE INCLUDED IN OR ATTACHED
AS EXHIBIT B, AND THE PRECEDING LANGUAGE MODIFIED APPROPRIATELY.]
2.7 Payment 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 Payment 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, shall 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
Consulting Services Agreement between June 1, 2004
City of Dublin and MuniFinancial Page 3 of 14
work hereunder by the Consultant and its agents, representatives, em ployees, 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
insurance policies required by this section throughout the term of this Agreement. The cost of such
~nsurance 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 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
~nsurance 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
contem plated 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
Consulting Services Agreement between June 1, 2004
City of Dublin and MuniFinancial Page 4 of 14
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.
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:
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 basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or 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 (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 or self-insured retentiOn shall not exceed $150,000 per claim.
Consulting Services Agreement between June 1, 2004
City of Dublin and MuniFinancial Page 5 of 14
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The 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. Pdor 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.
Consulting Services Agreement between June 1,2004
City of Dublin and MuniFinancial Page 6 of 14
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.
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
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.
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 altematives 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.
Consulting Services Agreement between June 1, 2004
City of Dublin and MuniFinancial Page 7 of 14
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
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 toany 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 dudng 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.
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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.
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 Equal 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, madtal 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.
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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.
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 Subcontractin~l. 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;
8.8.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
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8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8,6,4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City 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, surveys, 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
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that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 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.
t0.5 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 Govemment Code Section 81000 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 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 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 that, in addition to the foregoing, it
may be subject to cdminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
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10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Chris Foss,
Economic Development Director ("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:
P, obert D. Spencer, Director
MuniFinancial
1736 Franklin Street, Suite 430
Oakland, CA 94612
Any written notice to City shall be sent to:
Chris Foss, Economic Development Director
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 report/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 CONSULTANT
Janet Lockhart, Mayor Robert D. Spencer, Director
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Attest:
Kay Keck, City Clerk
Approved as to Form:
Elizabeth Silver, City Attomey
G:\Chds\Eastem Dublin Fiscal Study 2003-4-5\standard consultant services agreement munifinancia1060104.doc
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EXHIBIT A
SCOPE OF SERVICES
Scope of Services
The scope of services for this engagement by task is described in detail below.
TaSk 1: Update East Dublin Fiscal Impact Models
The purpose of this task is to update the East Dublin fiscal impact models for the FY 2003-04
budget. The overall approach and methodology of the models will remain essentially unchanged
from the FY 2002-03 update. Enhancements to that update 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 from 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 of non-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, 2003, with absorption through 2030 for each land use type. See Tables A1
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 MuniFinancial will utilize the California
Department of Finance for current population estimates and ABAG for
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 2002-03.
- Provide actual property tax estimates for both the Santa Rim/Emerald Glen area
and the remainder of East Dublin for FY 2002-03.
- Provide projection for public safety costs for FY 2003-04 and into the future.
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MuniFinancial 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 2003-04 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.
Task 2: Analyze Fiscal Impact of Land Use Scenarios
MuniFinancial 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 for 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 in MuniFinancial's Finandal Consulting Services (FCS)
Group, will be the prindpal-in-charge and project manager for this engagement. His responsibility
will include directing all work and managing staff, keeping the project within budget and on schedule
and ensuring that the final product meets or exceeds City expectations. Peter Deflefs and Sally Van
Etten, analysts in our FCS Group, will assist Mr. Spencer with this project. These analysts have
experience conducting fiscal impact analyses, and specific experience with prior Dublin studies.
Schedule
We will provide an administrative draft report within 180 days of receMng 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.
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EXHIBIT 8
COMPENSATION
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 I $12,000
Task 2 8,000
Task 3 5,000
Total $25,000
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