HomeMy WebLinkAbout4.08 East Dublin Fiscal AnalysisSTAFF REPORT CITY CLERK
DUBLIN CITY COUNCIL File # ❑®[d[dM 0
DATE: December 15, 2009
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE Consultant Agreement to update Eastern Dublin Fiscal Analysis
Prepared By: Christopher L. Foss, Assistant City Manager
EXECUTIVE SUMMARY:
The City Council will consider entering into a Consultant Agreement with Willdan Financial
Services, Inc. to prepare the annual Eastern Dublin Fiscal Analysis.
FINANCIAL IMPACT:
This study will be paid through developer deposit accounts.
RECOMMENDATION:
Staff recommends that the City Council adopt the proposed resolution approving the selection
of Willdan Financial Services, Inc. to update the Eastern Dublin Fiscal Analysis and authorize
the City Manager to execute the agreement with Willdan Financial Services, Inc. in the amount
not to exceed $25,000.
"Submift�d' By
Assistant City Manager
Reviewed By
City Manager
Page 1 of 2 ITEM NO.
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, 20.10. 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 $25,000. Staff has prepared a Resolution (Attachment 3) for City Council
consideration and adoption.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required.
ATTACHMENTS: 1. Deficit Funding Agreement (10-16-2001)
2. Consultant Services Agreement with Willdan Financial
Services, Inc.
3. Resolution approving the selection of Willdan Financial
Services Inc. to update Eastern Dublin Fiscal Analysis
Page 2 of 2
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T~11S AGRE~ARE~' d>tited fflt ~dertt~icattort thts ~ day of ~kober. 200, is
ent®red tnto by end ~fwreen the Ctty crf Dubltn, a tnuniapaii cocporatton, "the Ct~ and
Dl~ Acquts~tton$, L.L C , a Delaware ~rntted ivabtht~ crorpot~tion ~'Q®v~opet'°3
R®c6t~ifle
~ In '19g3, then Cttji Council of She Cdll adopted 4h®~asberrt Dublin Gerteaei Pian
~4rnendmen4 end earn Dublin Spectflc Plan {the Specific Plan's The Speci~rc Plan
pro~ndes as pianneng 'fre3tma~ork fior th® future gr~th and debelopmerrt og aPl~~~
3,30U acres (aollectn~efy, "#he Spec;~ic Plan A~a~
2 'The Geneu~l Plan and the Spy Plan include ®oals and poltctes ~ prevent
development wrthtn the Eastern IExfiended Planning snd th® $ Plan Ate
(heretnatter collec~tvvely "~aStgtn Dubltn'~ Prom dt~tteng upon and dtlu~ng the fiscal base
of the memaender of the Cety
3 The Dedeloper owns oertaen propel ~a portion of tlublen Ranch Area A'j
we#hm the Spec~ic Plan /area descnb$d rnor+e pa~rl{cularly en Ex A ~rtioch is
encorporated hereon by r®feranv® In .futy of X000, the Cety approd®cD a 1iAaster VesQeng
Tevitateve i~Aap gor Dubite~ Ranch Arm ~ to dedjd®~ 3fi9 ~a!- afire parcel ergo 'B~
separate parcels of ~areoua uses, onc~uding ~ p~orcxls fvr' rased®trttai ~ 4hat Mould be
subsequently subd>vtded by subsetlt~ret genta~e reaps
4 As part of the a~nngxation og qhe terretoa~~t ~ndudes Dublin f~neh Area A,
the lens, Developer's predecessoor fn lnferesg, agreed to e~ecornpense ~e City gor 4he
deficit bet~reert the costs of prv~ndt~ setvt+ces $m the teew9y annexed berrtbory artd the
revenue generated v~rrthen #i1e terretory annexed to the Cdy Pursuant ~ that agt~eemen~,,
the Ltns payment oBaitgatiores termetaated on ,Dune 30,1989 when rerrenuea,gen®rated to
the Cety w-rthen the temtogy exuded the costs of provtdmg sere~s tQ the terrltos3r
a-ente~~,+~- c~- ortx~t~~- ~oRn~, u c eo t=~~ mat s as
setwee-CoaHsc>~~:brae:~ba~fi~e~tad.kRF.aeternt7~.; ~ . 16.x'"
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5 Pursuant tv the conditions of approval of the Master Vesting Tentative Map .,
for Dublin Ranch Area A {City of Dublin Planning Commission Resolution No 00-38),
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 fio provide
funding for apparatus necessary to operate the facility
6 1Nhen the new facllity becomes operational, rt is estimated that the oast of
providing public services to the Eastern Dublin Area may again exceed revenues
generated to the City from property wrthln the Eastern Dublin Area
7' Acxordingly, Condrtlon No 'l08 of Resolution gt~fi {for the RNaster Vesting
Tentative li/lap) further requires the Developer to enter into an agreement with the City,
prior to the recardatiort of the master final reap for Dublin Ranch Area A, to Tend the
diffenenoe between the revenues generated m and the costs associated with servloes to
the Eastern DubUn Area, as defined below, commenpng 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 th the City
pursuant to the agreement, including naquiring owners of property wdhin the Eastern
Dublin General Plan area who seek Crty approve! of development er~ernents to pay a
fair and proportionate share of the amount of the defeat 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 Q 42~i6 of th®deficit
9 As new development occurs within the Eastern Dublin Area as anticipated, rt
wii! generate revenues to the City that writ reduce and, in the near future, elirninabe the
above-described deficit
4 U Consistent with the ~
goals and policies of the General Plan and Specfic Plan,
and the requirements of the conditions of approval of the AAaster Vesting Tentative AAaip,
Developer oral Cify wish th enter into an agreement to assure the City that the
Developer aril! fund the defiat between revenues and costs for the Eastern Dublin An3a
AGREEAflER9Y
tV0llV THEREFORE, in consideration of the mutual promisee and conditions
contacted herein, the Parties agree as follows
Section i Genera! Fund Sho~iEa
~+ the Developer's Poi{yr>cen4 Obttg>i<tions, D~finitioris Developer shall
pay the City 100% {'t0U percent) ofthe deficit, rf any, betty s-5ervi~s.Costs~
General Revenues °Public Service Costs" shall mea a City's Genera! Fund
providing public services to the Eastern Dublin Area whi 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 inhabrtaitts within the
agreement serive~ Gty of l~blin and DRAcq-~ayhoris, L LG tp fiend Deficit pagA y ~ g
Between Costs of Provdtng Service b and Revenues Generated in ~ Dublin October 16, 24t?1
3 ~- a5
Eastern Dublin Area which sha11 be calculated in the same manner as revenues are
calculated ~ wide "Eastern Dublin Area" shall Include a~ lands within the 1=,astern ~,
Dublin Genarat Plan Amendment area that are currently wsthrn or are annexed fa the
Ciiy limits of Dublin
~ ®ura8ron off Payrner~t ®bllgatfores The Developer's payment obligation
under thls Section 1 shall begtn when the new flr+e station to be oonstrticrted in Eastern
Puebl~ (Eyre Station 18} becomes operational and shalt temunate June 30, 20'10 ("Deficit
C Amnuat FrscaB Artafysas The City shall prepare a fiscal analysis dunng
the Deficit Period tri April of each year to estimate the amount by which the t~ublic
Service Costs thrill exceed General Revenues The fiscal analysis wilt be prepared on a
fisca! year basis (July 1 to June 3t3) and will calculate the defcit for the priding fiscal
year The fiscal analysis shall, in general, be as agreed upon by letter between the City
iVlanager and Developer Developer shall be responsible for the costs of preparation of
the studies
D. ipaiyenentrs go the CI$y loo later than October 9 of each year dunng the
Deficit Pertod,l3evelopershat! pay to City 1006 of the deficit between Public Sen-ioas
Costs and G®neral Revenues for the preceding flscai year, based on the fiscal analysis,
plus 1 Qfl°~6 of the cost of the fiscal analysis described in Section I C
iE. Secear+ty for Payrrn~®rt~ When in the ludgmerit of the City fi~anager a
defii~t between Public Services Costs and General Revenues ni likely #o emst,
Developer will provide the City wlth seamty in an amount, whwh shall not exceed
$500,t)OQ, aril form satisfactory to the City ft~anager to become effective once Fire
Station 18 becomes aperabonal (or some other mutuagy agreeable date), to secure the
paymen#s to the City described in Section I D above The security may consist of a
letter of credit or similar titstrt,irnent The fetter of credit for comparable security) may be
replaced with a letter of credit (or comparable security) in the amount of the shortfalls for
suoceedtng years disclosed by the fiscal analyses to be perforated each April pursuant
to Section f C
F IRerrnbursemeng prortm Other Propeaty Owrners The City shaA consider
fair and appropriate ways og 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 t4 this
agreement
Sec tion 16 Additions! Provisions
A Coa~pec~ess of ~® f7®citals The Recitals set 4brth in this Agreement
are true and correct aril are a part hereof
AgreQment SeM+een City of out>rin and DR Acquisitions, t..LC to Fund f~fiat pgge g pf g
Behvaen Coats of i'rovid~ng Service b and Revenues ~enenaled m Eastern Out~n O~tob~'iS, 20<»
~'
~. I~uether,~sscaranc®s The Parties shaft execute, acknowledge, and
deliver such addrhQnaf documents or instruments as may be necessary to carry out the
intent ofthis /i~greement, including but not limrtecf to, those expressly referred to in this
A`greenlent
C, Cons4rtstftlon by ~alr~traa3~i ~w This Agreement is entered into In the
State of California and shalt be construed and interpreted m accordance with its laws
® R®~anesentatfon of Comprehes~ior~ off ®ocugnenft. in entering rata this
Agreemerrt, the Parties represent that they hale relied upon the legal advice of their
attorneys why are the_ attameys of their choice The Parties further represent tha# 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 ~
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E. Au~orshlp Each Party and counsel for each Party has reviewed and
revised this A®reement, and accordingly, the normal cute of construction to the effect
that any ambiguities are to be resolved against the drafting Party shag not be employed
in the interpretation of this Agreement or any amendment of d
f~. Aeat-iora$y to I~uecaete. Each of the Parties represenQs acrd warrants that
each has fuq power to enter into this Agreement.
C. Enbr® ~-gre~errraentD ~®ndrnen~ This Agreement satrsiies Condition ldo
909 of Resolution 00-36 and contains the entire agreement between the Panes tNith
regard ~ the matters set forth There are nv addihonai ubnften or oral agreements or
pr~amises between the Parties concerning these onatters that are not aaxpressly set forth
in this Agreement: This Agreement may be amended or rnodifi~d only by an agreement
in writing executed in the same manner as this Agreement_
~ Adorn®ya Psails 1n the event a Party to this Agreement is found in a
court of law to have breached this Agreement, said Party shall pay She o~osing Party's
reasonable attorneys fees and costs incurred in fthgahng the brirach of contract action
f Approval off IPe~olec~ By entering into this Agreement, City makes no
commitment that it vuilI approve the Protect.
.D. notices Alt notices shop be by certified malt or hand delivered to the
Parties as fogows
dint eai,ireeri Cityor Dub![n rind aRo~s, t.~.c to Ftuid oetfc~t ire ¢ ~ s
i3etxreen costs of Ptovfdu~g Service b ~ Revenues Generated in t=om OubBn October 18.2001
To 4he Ct~ Cry C~rHc
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PItOPBET'Y SUBJECT To
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ALL 'FIAT CBRTADJ RfiAL PROPERTY SITUATED IN THE CITY DF DUBLIN, COUNTY QF
AGAAi~DA, STATE OF CALiFQRNXA, bED AS PQLLOWS.
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AUGUS"I' 20, 2Q01 IN BOOK 259 OF MAPS, PAGES 57 TH1tU 63, ALAMEDA COUNTY REGARDS
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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. ("Consultants as of December , 2009.
Section 1. ERS VICES. Subject #o the #erms and cond#ions se# forth in this Agreemen#,
Consultant shall provide to City the services described in the Scope of Work attached as Exhiblt A
a# the time and place and in the manner specified therein. In the even# of a conflict in or
inconsistency between the #erms of this Agreement and Exhibi# A, the Agreemen# shall prevail.
i.1 Term of Services. The #erm of #his Agreement shall begin on the date first noted
above and the date of completion is specified in Exhibi# A, and Consultant shall
comple#e the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise #ermina#ed or extended, as provided for in Section 8.
The time provided #o Consultant #o complete the services required by this
Agreemen# shall not affect the City's right #o terminate the Agreemen#, 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 compe#ent prac#i#ioner of the profession in which Consultan# is
engaged in the geographical area in which Consultant prac#ices its profession.
Consultant shall prepare all work products required by this Agreement in a
subs#antial, first-class manner and shall conform #o the s#andards of quality
normally observed by a person prac#icing in Consul#an#'s profession.
1.3 Assignment of Personnel. Consultant shall assign only compe#ent personnel to
perform services pursuan# #o this Agreemen#. In the event tha# City, in its sole
discretion, a# any time during the term of #his 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.
t.4 Time. Consultant shall devo#e such #ime #o the performance of services pursuant
#o #his Agreement as may be reasonably necessary to meet the standard of
performance provided in Section 1.1 above and to satisfy Consultant's obliga#ions
hereunder.
Section 2. COMPENSATION. City hereby agrees #o pay Consul#an# a sum not #o exceed
$25,000, notwithstanding any contrary indica#ions that may be contained in Consutant's proposal,
for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflic# between this Agreement and Consultant's proposal, attached as Exhibi# A. regarding
the amoun# of compensa#ion, the Agreemen# shall prevail. Ci#y shall pay Consultant for services
rendered pursuant to #his Agreement at the #ime and in the manner set forth herein. The payments
specified below shall be the only payments from City #o Consultant for services rendered pursuant
to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
-t
AiiAi~YENf z
~~~~
Except as specifically authorized by Ci#y, Consultan# shall not bill City for duplicate services
performed by more than one person.
Consultant and Ci#y acknowledge and agree #ha# compensation paid by City #o Consultant under
this Agreement is based upon Consul#ant's es#imated costs of providing the services required
hereunder, includng salaries and benefi#s of employees and subcontractors of Consultant.
Consequently, the parties further agree that compensation hereunder is intended to include the
costs of contribu#ions to any pensions and/or annuities to which Consultan# and its employees,
agen#s, and subcontrac#ors may be eligible. Ci#y therefore has no responsibility for such
contribu#ions beyond compensation required under #his Agreement.
2.1 Invoices. Consultan# 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 informa#ion:
^ Serial iden#ifica#ions 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 amoun#, the amoun# of
prior billings, the total due this period, the balance available under the
Agreement, and the percentage of comple#ian;
^ At City's option, for each work item in each task, a copy of the applicable
time en#ries or time shee#s shall be submitted showing the name of the
person doing the work, the hours spen# 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
Consultan# and each employee, agen#, and subcon#rac#or of Consultant
performing services hereunder, as well as a separate notice when the
#o#al number of hours of work by Consultan# and any individual employee,
agent, or subcontractor of Consultan# reaches or exceeds 800 hours,
which shall include an estima#e of the #ime necessary to complete the
work described in Exhibi# A;
^ The Consultant's signa#ure.
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
cos#s incurred. City shall have 30 days from the receip# of an invoice #ha#
complies wi#h all of the requirements above to pay Consultant.
2.3 Ffnal Payment. Ci#y shall pay the last 10% of the total sum due pursuant to this
Agreemen# within sixty (60) days after completion of the services and submittal #o
City of a final invoice, if all services required have been satisfactorily performed.
.__ 2
~ ~- a5
2.4 Total Pavment. City shall pay for the services to be rendered by Consul#ant
pursuant to #his Agreemen#. City shall not pay any additional sum for any expense
or cost whatsoever incurred by Consul#ant in rendering services pursuan# to this
Agreement. City shall make no payment for any extra, further, or additional
service pursuant #o this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either fora #ask or for the
entire Agreemen#, unless the Agreemen# is modified prior to the submission of
such an invoice by a properly execu#ed change order or amendmen#.
2.5 Hour Fees. Fees for work performed by Consultant on an houriy basis shall no#
exceed the amounts shown on the Scope of Work under Budge# (Exhibit A):
2.fi Reimbursable Expenses. Reimbursable expenses are included in the total
amount of compensa#ion provided under this Agreemen# tha# shall not be
exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employmen# taxes incurred under this Agreement and any similar federal or sta#e
taxes.
2.8 Pavment upon Termination. In the event #hat the City or Consul#ant #ermina#es
#his Agreemen# pursuan# #o Section i3, the City shall compensate the Consultant
for all ou#s#anding costs and reimbursable expenses incurred for work sa#isfactorily
completed as of the date of written notice of termina#ion. Consultan# shall maintain
adequate logs and #imeshee#s in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consul#an# is no# authorized #o perform
any services or incur any costs whatsoever under the #erms of #his Agreement until
receipt of authoriza#ion from the Contrac# Adminis#ra#or.
Section 3. FACILITIES ANQ EQUIPMENT. Excep# as set forth herein, Consultan# shall, at
i#s sole cost and expense, provide all facilities and equipmen# #hat may be necessary to perform
the services required by #his Agreemen#. City shall make available to Consul#ant only the facili#ies
and equipment listed in #his section, and only under the #emts and conditions se# forth herein.
City shall furnish physical facili#ies such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultan#'s use while consulting wi#h City employees and reviewing
records and the information in possession of the City. The location, quan#ity, and time of furnishing
those facilities shall be in the sole discretion of Ci#y. In no event shall City be obliga#ed to furnish
any facili#y #hat may involve incurring any direc# expense, including bu# not limited to computer,
long-his#ance #elephone or other communication charges, vehicles, and reproduction facilities.
~_
io o f a5
Section 4. INSURANCE REGIUIREARENTS. Before beginning any work underthis
Agreement, Consultant, at i#s own cost and expense, shall procure "occurrence coverage"
insurance agains# claims for injuries #o persons or damages #o property that may arise from or in
connec#ion with the performance of the work hereunder by the Consultan# and its agen#s,
representa#ives, employees, and subcon#rac#ors. Consultant shall provide proof satisfactory to Clty
of such insurance #ha# meets the requiremen#s of this section and under forms of insurance
sa#isfac#ory in all respec#s to the Ci#y. Consul#ant shall main#ain the insurance policies required by
this section #hroughout the term of this Agreement. The cast of such insurance shall be included in
the Consultan#'s bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcon#rador(s) and
provided evidence thereof to Ci#y. Verifica#ion of the required insurance shall be submitted and
made part of #his Agreement priorto execu#ion.
4.1 Workers' Com~nsation. Consultant shall, a# its sole cost and expense,
main#ain Statutory Workers' Compensation Insurance and Employer's Liability
Insurance for any and all persons employed directly or indrrec#ly by Consul#an#.
The S#a#u#ory Workers' Compensa#ion 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 altema#ive, Consultant may rely on aself-
insuranceprogram #o mee# those requirements, but only if the program of self-
insurancecomplies fully with the provisions of the California Labor Code.
Determination ofwhether 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 righ#s of subroga#ion against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under
this Agreement.
An endorsement shall state tha# coverage shall no# be canceled except after thirty
(30) days' prior wri#ten notice by first class mail, postage prepaid, has been given
#o the City, #en (10) days notice if cancella#ion is due to nonpayment of premium,
Consultan# shall no#ify 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 Lfabflity Insurance.
4.2.1 General requirements. Consultan#, a# i#s own cost and expense, shall
maintain commercial general and au#omobile liability insurance for the
term of #his Agreemen# in an amount no# less than ONE MILLION
DOLLARS {$1,000,000.00) per occurrence, combined single limi#
coverage for risks associated with the work contempla#ed by this
Agreement. If Commercial General Liability Insurance or an Automobile
Liability form or o#her form with a general aggrega#e limit is used, ei#her
the general aggrega#e limit shall apply separa#ely #o the work to be
performed under this Agreemen# or the general aggrega#e limit shall beat
least twice the required occurrence limit. Such coverage shall include but
shall no# be limited to, protec#ion against claims arising from bodily and
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personal injury, including death resulting #herefrom, and damage to
property resul#ing from activities con#empla#ed under #his Agreement,
including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be a#
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. i/73) covering comprehensive General Liability and
Insurance Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability. Au#omobile coverage shall beat 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
limi#ing the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement #o the policy:
a. City and i#s officers, employees, agen#s, and volunteers shall be
covered as additional insured with respec# #o each of the
following: liability arising out of activities performed by or on
behalf of Consultant, including the insured's general supervision
of Consuftan#; produc#s and completed operations of Consultan#;
premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The
coverage shall con#ain no special limi#ations on the scope of
protection afforded #o Ci#y or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an acciden# basis,
and not on aclaims-made basis.
c. An endorsement mus# sta#e #hat coverage is primary insurance
wi#h respec# #o the City and its officers, officials, employees and
volunteers, and that no insurance orself-insurance main#ained by
the City shall be called upon #o contribute to a loss under the
coverage.
d. .Any failure of CONSULTANT #o comply wi#h reporting provisions
of the policy shall not affect coverage provided to CITY and its
officers, employees, agen#s, and volun#eers.
e. An endorsemen# shall state that coverage shall no# be canceled
excep# after #hirty (30) days' prior written notice by firs# class mail,
postage prepaid, has been given #o the Ci#y, #en (10) days notice
if cancellation is due to nonpayment of premium. Consul#an# shall
notify City within 14 days of no#ification from Consul#an#'s insurer
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~z ~as
if such coverage is suspended, voided or reduced in coverage or
in limits.
4.3 Professional viability Insurance. Consul#ant, at its awn cos# and expense, shall
maintain for the period covered by #his Agreement professional liability insurance
for licensed professionals performing work pursuant #o #his Agreement in an
amount not less than ONE MILLION DOLLARS {$1,000,000) covering the licensed
professionals' errors and omissions.
4.3.1 Any deducible orself-insured retention shall not exceed $250,000 per
claim.
4.3.2 An endorsemen# shall state tha# coverage shall no# be canceled by ei#her
party excep# after #hirty {30) days' prior wrtten no#ice by first class mail,
postage prepaid, has been given #o the City, ten {10) days notice if
cancellation is due to nonpayment of premium.
4.3.3 The policy must con#ain a cross liability or severabili#y of in#erest 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 da#e 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 a# reasonable
ra#es.
c. If coverage is canceled or no# renewed and it is not replaced with
another claims-made policy form wi#h a retroac#ive date #hat
precedes the date of this Agreemen#, 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 cos# and expense, any
ex#ended reporting provisions of the policy, if the Consultan#
cancels or does no# renew the coverage.
d. A copy of the claim reporting requiremen#s mus# be submi#ted to
the Ci#y prior #o the commencemen# of any work under this
Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is #o be
placed with insurers wi#h a Bests' rating of no less #han A:VII.
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4.4.2 Verification of coverage. Prior #o beginning any work under #his
Agreemen#, Consultant shall fumish City with certifica#es of insurance and
with original endorsements effecting coverage required herein. The
certificates and endorsements foreach insurance policy are to be signed
by a person authorized by tha# insurer #o bind coverage on its behalf. The
City reserves the right #o require complete, certified copies of all required
insurance policies, at any #ime.
4.4.3 Subcontractors. Consultan# shall include all subcontrac#ors as insureds
under its policies or shall fumish separate certificates and endorsements
for each subcon#ractor. All coverages for subcon#ractors shall be subject
to all of the requirements sta#ed herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a de#ermination #hat the coverages, scope, limits, and
forms of such insurance are ei#her not commercially available, or tha# the
City's interests are otherwise fully protec#ed.
4.4.5 Deductibles and Self-Insured Retentions. Consul#an# shall disclose to
and obtain the approval of City for the self-insured reten#ions and
deductibles before beginning any of the services or work called for by any
term of this Agreement.
During the period covered by this Agreemen#, only upon the prior express
written authorization of Con#ract Administra#or, Consultant may increase
such deductibles orself-insured retentions with respect to City, i#s officers,
employees, agents, and volunteers. The Con#ract Administrator may
cond~#ion approval of an increase in deductible orself-insured retention
levels wi#h a requirement that Consul#ant procure a bond, guaranteeing
payment of losses and related investiga#ions, claim administra#ion, and
defense expenses tha# is satisfactory in all respects #o each of them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage
required by #his section is reduced, limi#ed, or ma#erially affected in any
other manner, Consultant shall provide written no#ice to City a#
Consul#ant's earliest possible opportuni#y and in no case la#er than five
days after Consultant is no#ified of the change in coverage.
4.5 Remedies. In addi#ion #o any o#her remedies Clty may have if Consultant fails to
provide or maintain any insurance policies or policy endorsemen#s #o the extent
and within the time herein required, City may, at its sole op#ion exercise any of the
following remedies, which are alternatives to other remedies City may have and
are no# the exclusive remedy for Consultan#'s breach:
^ Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under the Agreemen#;
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^ Order Consultant to stop work under this Agreemen# or wfthhold any paymen#
#ha# becomes due to Consultan# hereunder, or both stop work and wi#hhold
any payment, until Consultan# demonstra#es compliance wi#h the requirements
hereof; and/or
^ Terminate this Agreemen#.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultan#
shall indemnify, defend wi#h counsel selec#ed by the Ci#y, and hold harmless the City and i#s
officials, officers, empbyees, agen#s, and volunteers from and against any and all bsses, liability,
claims, sui#s, actions, damages, and causes of ac#ion arising ou# of any personal injury, bodily
injury, loss of life, or damage to property, or any viola#ion of any federal, state, or municipal law or
ordinance, to the ex#ent caused, in whole ar in part, by the willful misconduct or negligent acts or
omissions of Consultan# or its employees, subcantrac#ars, or agents, by ac#s for which #hey could
be held s#rictly liable, or by the quali#y or charac#er of their work. The foregoing obliga#ion of
Consultant shall na# 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 volun#eers and {2) the ac#ions of Consul#an# or its employees, subcon#ractor, or agents
have con#ribu#ed in no part to the injury, loss of life, damage #a property, or violMion of law. I# is
unders#ood #hat the duty of Consultant #o indemnify and hold harmless includes the duty to defend
asset forth in Section 2778 of the Califomia Civil Code. Acceptance by City of insurance
certifica#es and endorsemen#s 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 #a any damages or claims for damages whether or no# such insurance
policies shall Rave been determined to apply. By execu#ion of this Agreement, Consul#ant
acknowledges and agrees to the provisions of this Sec#ion and #hat i# is a material element of
considera#ion.
In the event that Consultant or any employee, agent, ar subcontrac#or of Consultan# providing
services under #his Agreemen# is de#ermined by a court of competent jurisdiction or the Califomia
Public Employees Retirement System {PERS} #o be eligible for enrollmen# in PERS as an
employee of City, Consultant shall indemnify, defend, and hold harmless City for the paymen# of
any employee and/or employer contributions for PERS benefi#s on behalf of Consultant or its
employees, agents, or subcontractors, as well as for the payment of any penalties and interes# an
such con#ributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Indeeendent Contractor. At all times during the #erm of this Agreement,
Consul#ant shall bean independent contractor and shall no# be an employee of
City. Ci#y shall have the righ# to control Consultant only insofar as the results of
Consul#ant'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 Consultan# accomplishes services
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rendered pursuant #o this Agreement. Notwithstanding any o#her City, sta#e, or
federal policy, rule, regula#ion, law, or ordinance #o the contrary, Consultant and
any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entltled to, and hereby agree #o 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 Califomia Public
Employees Retirement System (PERS) as an employee of City and entitlement #o
any contribution to be paid by City for employer contribu#ionsand/or employee
contributions for PERS benefi#s.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall
have no authority, express or implied, #o act on behalf of City in any capacity
whatsoever as an agent. Consultant shall have no authority, express or implied,
pursuant #o this Agreement #o bind City to any obligation whatsoever.
Section 7. LEGAL REDUIREMENTS.
7.1 Governing Law. The laws of the Sate of Califomia shall govern this Agreement.
7.2 Compliance with Applicab~ 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 ano#her 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 #o City that
Consultant and its employees, agen#s, and any subcontractors have all licenses,
permits, qualifications, and approvals of whatsoever nature that are legally
required to practice their respective professions. Consultant represen#s and
warrants #o City that Consultant and its employees, agents, any subcontractors
shall, a# 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 #o
practice their respective professions. In addi#ion #o the foregoing, Consultant and
any subcontractors shall obtain and maintain during the term of this Agreement
valid Business Licenses from Ci#y.
7.5 Nondiscriminatfonand Eaual Ogoortunity. 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, maii#al s#a#us, sex, or sexual
orien#a#ion, 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 wi#h all applicable federal, sta#e, and local laws, policies, rules, and
requirements related #o equal opportuni#y and nondiscrimination in employment,
contracting, and the provision of any services that are the subject of this
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Agreement, including but not limited #o the satisfaction of any posi#ive obliga#ions
required of Consultan# #hereby.
Consultant shall include the provisions of #his Subsection in any subcon#ract
approved by the Con#ract Administra#or or #ltis Agreemen#.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Ci#y may cancel #his Agreemen# a# any time and wi#hou# cause
upon wri#en notification to Consultan#.
Consultant may cancel this Agreement upon thirty (30) days' writ#en notice to City
and shall include in such no#ice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed #o the effec#ive date of terming#ion; City, however, may
condition payment of such compensation upon Consultant delivering to City any or
all documents, photographs, computer software, video and audio #apes, and o#her
materials provided to Consultant or prepared by or for Consul#an# or the City in
connection with #his Agreemen#.
8.2 Extension. City may, in its sole and exclusive dscretion, ex#end the end date of
this Agreemen# beyond that provided for in Subsection 1.1. Any such extension
shall require a written amendmen# to this Agreemen#, as provided for herein.
Consul#ant understands and agrees tha#, if City gran#s such an extension, City
shall have no obligation #o provide Consultant with compensation beyond the
maximum amoun# provided for in #his Agreement. Similarly, unless authorized by
the Contract Administrator, City shall have no obliga#ion to reimburse Consultan#
for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreemen# 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 compe#ence, experience,
and specialized personal knowledge. Moreover, a substantial inducement #o City
for en#ering into this Agreement was and is the professional reputation and
competence of Consul#an#. Consultant may no# assign this Agreemen# or any
interes# #herein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance con#emplated and
provided for herein, o#her than #o the subcontractors noted in the proposal, without
prior written approval of the Contract Administrator.
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11 ~~-- ~
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 limted 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
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 RE ORDS.
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
sultable 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 bylaw, 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
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inspection, audit, and/or copying at any time during regular business hours, upon
oral or written request of the City. Under Califomia Govemment 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.
i0.2 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 Califomia in the County of Alameda or in the
United States District Court for the Northern District of Califomia.
10.3 Severabilitv. 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 par# 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 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 Califomia Govemment Code Sections 1090 etseq.
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Consultant hereby warrants that it is not now, nor has it been in the previous
twelve (12j 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 par#icipate in any
manner in the forming of this Agreement. Consultant understands that, if this
Agreement is made in violation of Govemment 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 forany sums paid
to the Consultant. Consultant understands that, in addition to the foregoing, lt may
be subject to criminal prosecution for a violation of Govemment 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.
10.9 ract 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:
Mark Risco, Vice President
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 stampedlsealed
and signed by the licensed professional responsible for the report/design
preparation. The stamplseal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design responsibility," as inthe following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
a® ~- ~~~
i t?.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, oragreements, either written or oral.
CITY OF DUBLIN
CONSULTANT`
~ ry-'"°
~n
Mark R' o, Vice President
Joni Pattilio, City Manager
Attest:
Caroiine Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
G:VChrislEeslem Dubrm Pieter Sludy 2009.101Eeai Dublin Fiscef consullenl services agreement December 2004.doc
....
~ 1 ~~- ~~
EXHIBIT A
SCOPE OF SERVICES
In response to the City of Dublin's ("City") request, Willdan Finangal Services ("Willdan'~ is
pleased to present this proposal to update the Eastern Dublin fiscal impact study for the CRy of
Dublin ("City".
The following contains our proposed scope of services, project team member's, fee, and
schedule to provide this service.
~cr~p+~ ~# ervi+~e~
We want to ensure our scope of services is responsive to the City of Dublin's needs and specific
focal circumstances. We will work in concert with the City to adjust our scope as needed during
the course of the study.
Our proposed scope described in detail by task is provided below. We explain how we will
accomplish each task and identify associated meetings and deliverables.
Task ~: llpdt~ I~st ?taairc sisal react cad~is
The purpose of this task is to update the Eastern Dublin fiscal Impact models for the FY 2008-09
budget. The overall approach and methoddogy of the models will remain essentially unchanged
from the FY 2007-OB update and will include:
Case study analysis of fire costs; and
Detailed analysis of sales tax, property tax, transient occupancy tax, and
Vehicle License Fee In-lieu revenue.
In particular, the fiscal impact model will retain the approach that credits all retail sales tax
revenue to Eastern Dublin retail development only, fVo credit is given to other land use types
regardless of their spending patterns either within Eastern Dublin or in the remainder of the City.
This approach has two effects on model results. First, excluding sales tax from spending by
Eastern Dublin residents and businesses in the remainder of the City underestimates the overall
net fiscal Impact of Eastern Dublin on the City, though this underestimation Is probably minimal.
Second, within Eastern 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 beiow:
• City staff will update the following data:
Provide an updated Eastern Dublin land tse absorption scenario. The
land use scenario will allocate absorption between the Santa
Rlta/Emerald Glen area and the remainder of Eastern Dublin. Existing
development should be updated to July 1,2009, with absorption
through 2030 for each land use type. See Tables Af and A2 in the
appendix of the FY2007-08 report;
Provide updated residential and employment estimates for the City of
Dublin. If this information is unavailable, Wilidan wilt utilize California
Department of Finance data for current population estimates and
ABAG for residential and employment pro~ectlons;
Provide updated actual sales tax generated in both the Santa
Rita/Emerald Glen area and the remainder of Eastern Dublin for FY
2008-09;
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Provide actual property tax estimates for both the Santa Rita/Emerald
Glen area and the remainder of Eastern Dublin for FY 2008.09; and
Provide estimate for Eastern Dublin fire protection (Station f8} costs
for FY 2008-09 and into the future.
Wllfdan will update the following revenue and cost assupt}ons:
Per unit property value assumptions based on a review of recent safes
from assessor roll data, and Input from Clty staff, developers, and real
estate brokers;
All per capita revenue and cost assumptions to FY 2008-09 budget
data;
Per square foot retail sales tax assumptions based on input from the
City and other fiscal consultants; and
• Transient occupancy tax assumptions (room and occupancy rates}
based on input from hotel managers.
`k : ~.ra~Iz ii Tact f Latt er~ri
Willdan will analyze the fiscal impact of the land use scenarfo using the updated models. The
models will be calibrated to reflect current safes tax and property tax within Santa Rita/Emerald
Glen and the remainder of Eastern Dublin. We wilt present preliminary results to City staff for
discussion.
"i"a ; Drat ~pc~rt r~ attend etin
Based on the results of the prior tasks, we will provide the Cfty with an updated report that
describes the fiscal Impact of existing and projected development in Eastern Dublin on the City.
We will prepare an administrative draft report for staff review, and based on comments received,
prepare a final report.
This task includes up to two (2} meetings with City staff, developers, and the Council to gather
data, review preliminary results and administrative drafts, and present the final report.
NleetingslSite Visits
Mr. Young will attend on-site meetings, as needed. He wlli work with Clty staff to set up meetings
to keep the project on schedule. The scope of services includes up to two (2} meetings with City
staff, developers, and the Council to gather data, review preliminary results and administrative
drafts, and present the final report. Additional on-site meetings may be requested for an
additional fee based on our hourly billing rates.
Required City staff Support
To complete our tasks on schedule, we will need the cooperation of Clty staff. We suggest that
the City assign a key individual to represent the C'sty as the project manager who can function as
our primary contact.
We antlcfpate that the City's project manager wilt: (1 }coordinate responses to requests for
information; (2} coordinate review of work products; and (3} help resolve pdicy issues, We will
ask for responses to initial information requests within Five business days, and follow-up requests
also within five business days. If there are delays on the part of the City, we will contact the City's
project manager immediately to get the project schedule bade on track. We will keep the City's
project manager informed of data or feedback we need to keep the project on schedule. Willdan
will endeavor to minimize the Impact on City staff in the completion of thjs project.
Furthermore, Wifldan wilt rely on the validity and accuracy of the City's data and documentation to
complete our analysis.
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a3~Fas
C
Mr. Eric Nickell, Principal Consultant, will be the principal-in-charge with responsibility for
ensuring that the final product meets or exceeds your expectations. Mr. Jonathan Young will
serve as project manager and is responsible for contracts, scheduling (timing and deliverables),
objective review throughout the studies' development, quality ~ntrol, and wilt be the City's main
point of contact Additional analytical support will be assigned to the City of Dublin's project as
needed.
C# fly
Willdan will complete the scope of senrlces for a fixed price fee of X25,000, 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
S~hedll~
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.
Additional services may be authorized by the City and will be billed at our then-current hourly
ovefiead consulting rates. Our current hourly rates are:
_a ~~
a~1 ~~ as
Budget
~~Uc will complete this study for a lump sum cost not to exce~td X25,000, including; all direct expenses.
1~Ve will invoice the City monthly based on the percent of each task completed using; the following;
schedule of total costs by task:
'T'ask l $12,000
'l:~sk 2 8,000
'l'aslc 3 :i (f~
"l'otal X25,000
-i8
c~5 ~ r~.5
RESOLUTION NO. XX - 09
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
WHEREAS; the agreement required that a fiscal analysis be completed on an annual basis;
and
WHEREAS; 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, 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 City Manager to
execute the Consultant Services Agreement with Willdan Financial Services, Inc. in an amount
not to exceed $ 25,000.
PASSED, APPROVED AND ADOPTED this
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
day of December, 2009.
Mayor
City Clerk
ATTACHMENT 3