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HomeMy WebLinkAbout82-26 - Cost Revenue Impact Analysis Report AgreementRESOLUTION NO. 82 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND RALPH ANDERSEN & ASSOCIATES FOR THE PREPARATION OF A COST /REVENUE IMPACT ANALYSIS REPORT PERTAINING TO THE CITY OF NEWPORT BEACH WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Cost /Revenue and Impact Analysis Report between the CITY OF NEWPORT BEACH and RALPH ANDERSON & ASSOCIATES in connection with the scope of services to be performed for CITY regarding cost /revenue impacts for an overall system of projecting revenues and expenditures, as well as assessments of financial impacts of development on particular development projects, a copy of the Cost /Revenue and Impact Analysis Report is attached hereto, marked Exhibit "A" and incorporated herein by reference; and WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be fair and equitable and that it would be in the best interests of the City to execute said Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Cost /Revenue Impact Analysis System Report, above - described, is approved and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the City of Newport Beach, ADOPTED this 22nd day of February , 1982, ay ATT ST: City, Clerk 022282 PR U • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made this _ day of , 1982, by and between the CITY OF NEWPORT, BEACH, a Municipal Corporation, hereinafter CITY, and RALPH ANDERSEN AND ASSOCIATES, hereinafter referred to as CONSULTANT, is made with reference to the follow - ing facts, the materiality and existence of which is stipulated and agreed by the parties; A. CITY is in need of a specific. system for de- termining the fiscal impact of new development occurring within CITY so as to facilitate informed decision- making by the Planning Commission and City Council with respect to the fiscal impact of planning and development proposals; and B. CONSULTANT has extensive experience in the preparation of revenue and .expenditure forecasting systems as well as the preparation of fiscal impact analysis of development and annexation proposals; and C. CITY is desirous of retaining CONSULTANT to prepare, inter alia, a cost revenue impact analysis system such that CITY staff, the Planning. Commission and City Council will be able to intelligently evaluate fiscal impacts of various develop- ment proposals. A- 7H- 021682 Andersen NOW,.THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. DUTIES OF CONSULTANT CONSULTANT agrees to do the following: (a) To review current and planned land uses within the City of Newport Beach, as. well as projected annexat- ions, and to meet and consult with City pesonnel with respect to the manner in which a comprehensive: cost /revenue impact analysis system should be developed, with such consultation to consider the objectives of, such a system, the approach that should. be taken with respect to the development of the system, the nature of the system and the time. within which the system should be developed. Th -is review is to result in a clear understanding on the part of CONSULTANT of the needs of CITY, with respect to the cost ''revenue impact analysis system, and allow CONSULTANT to prepare a specific time table for the completion of the tasks which are. to result in the preparation of the system. (b).. To prepare a profile or inventory of local service and public facility requirements for various areas within CITY and various land uses within CITY; the profile or 'inventory will take into consideration both the incremental or marginal service requirements associated with development, . as well as the overall relationship of,development to .CITY services. and intrastructure; 2 A -7H- 021682 Andersen (c) To prepare a comprehensive inventory of all recurring and non - recurring costs associated with providing. CITY services and facilities to development. Included within . this inventory there will be an identification of the nature, magnitutde of and responsibilities for such costs, as well as specific methodologies and criteria for distributing costs ,applicable to various types of land uses; (d) To prepare a complete and definitive listing of CITY revenue sources that will be available from deve- lopment, together with the rationale and appropriate methodology and criteria for the CITY to identify amounts of revenue to be derived from specific types of development; . (e) To. prepare a comprehensive' system for analyzing the cost and revenue impacts of development, utilizing the results of ..the profiles and /or inventories referred. to in subparagraphs a through d, above. The system shall reflect-actu- al cost, service levels and other conditions unique to the City of Newport Beach and the system for determining costs and revenu- es applicable to various land uses will be practical, rational and capable of being implemented and maintained by CITY personnel on an on -going basis. The system will cover development within CITY and identify specific considerations and /or modifications of approach- necessary to apply the system to projected 3 A -7H- 021682 Andersen annexations. The system will allow CITY to analyze cost /revenue impacts on the basis of: (1) the "average cost" approach; (2) the "marginal cost" approach; (3) and other appropriate analysis techniques; (f) To forecast current City revenues and expenditures for an appropriate period in order to clarify current trends relative to.the financial condition of the City; (g) To generally review and assess revenue generation and costs by principal, geographic areas of the City; (h) To prepare and present a draft final report for review by the Planning Director, the report to contain all of the information specified in pages 16 through 18 of the document entitled "Scope for. Services" which is attached hereto as $xhibit "A "; _ (i) To prepare and present to the Planning Commission and.city Council a comprehensive final report consist- ing of the draft report together with any comments or suggestions from those who have reviewed the draft which are deemed appro- priate by CONSULTANT; 4 A -7H- 021682 Andersen (j) Conduct a one -day seminar for CITY staff on the use and maintenance of the cost revenue system. 2. DUTIES OF CITY CITY, in consideration of the services to be per- formed by CONSULTANT pursuant to this contract agrees to pay CONSULTANT the sum of $16,000.00, with payment for professional services to be paid to CONSULTANT upon completion of all of the work set forth in paragraph 1. CITY further agrees to reimburse CONSULTANT for .expenses incurred in the performance of the work .contemplated by this contract on the basis of actual cost- to. CONSULTANT, but in no event shall.CITY reimburse CONSULTANT' for any expenses' incurred in excess of the sum of $2,740.00 without the approval of the City Council of the City of Newport.Beach. The limit on reimbursement for expenses is based upon estimates provided by CONSULTANT, and CONSULTANT does not anticipate that expenses will exceed the sum of $2,740.00. CONSULTANT shall maintain all records of expenses and professional. services rendered, and shall make such .records available for CITY to re- view.during normal business hours. 5 A -7H- 021682 Andersen 3. COMPLETION OF PROJECT The duties of CONSULTANT under this agreement are to be completed in accordance with the project schedule, set forth on page 22 of the "Scope of Services" document. 4. TERMINATION CITY reserves the right to terminate this agree- ment, without cause, upon seven (7) days' written notice to CONSULTANT. In the event of a termination of this agreement pursuant to this paragraph, CITY shall pay to CONSULTANT for all tasks performed to the date of termination in accordance with the itemization of professional services and expenses therefor, con- tained on pages.20 and 21 of the document. In the event of early termination pursuant to this paragraph, CITY shall pay for all expenses incurred by CONSULTANT to the date of termination, but in no event shall CITY pay in excess of the sum of $2,740.00 without authorization by the City Council 5. MODIFICATION OF SCOPE OF SERVICES CITY reserves, the right to order, in writing, changes in the scope of services to be performed by CONSULTANT hereunder. In the event that CITY, by way of modification, re- quires CONSULTANT to perform services in addition to those spec- ified herein, CITY agrees to pay CONSULTANT the hourly rates as specified on page 21 of the scope of services, attached hereto as 3 A- 7H- 021682 Andersen Exhibit "A ". CITY further agrees to reimburse CONSULTANT for all expenses reasonably incurred in the performance of the additional services required by the modification. 6. LITIGATION SERVICES CONSULTANT agrees in the event of any legal chal- lenge to any action involving the CITY wherein the validity of the ,comprehensive cost /revenue impact analysis system is an issue, CONSULTANT agrees to reasonably cooperate with the CITY and its attorneys in the defense of said litigation, and agrees to give such testimony as may be reasonably required by CITY to establish the validity of said system. CITY agrees to compensate CONSULTANT for the performance of such services at a rate equal to the then current billing rate and to reimburse CONSULTANT for all expenses reasonably incurred during the course of the perfor- mance of those services. 7. ARBITRATION If, at any time., any controversy shall arise be- tween CITY and CONSULTANT with respect to any matters arising out of or relating to this agreement or {the breach thereof, which the parties do not promptly resolve, said controversy shall be decid- ed by arbitration administered by and in accordance with the rules of the American Arbitration Association then obtaining, unless the parties mutually agree otherwise. This agreement to 7 A -7H- 021682 Andersen arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrator shall be final and judgment may be entered upon it in any court having jurisdiction thereof. 8. ASSIGNMENT CONSULTANT has been selected to perform. the work herein on the basis of his expertise and CONSULTANT is not able to delegate the duties and responsibilities hereunder without first having obtained the prior written consent of CITY. 9. NOTICES Any notice required to be given pursuant to the terms and conditions of this agreement, shall be deemed to have been given when deposited in the U.S. mail, first - class, postage pre -paid, and addressed as follows: City of Newport Beach 3300 Newport Blvd., Newport Beach, Ca. 92663 Ralph Andersen and Associates 1446 Ethan Way Suite 101 Sacramento, California 95825 10. ENTIRE AGREEMENT This agreement constitutes the entire agreement of the parties hereto and no other agreement, statement or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding. A -7H- 021682 Andersen This agreement is effective as of the day and year first above written. • CITY OF NEWPORT BEACH BY, RALPH ANDERSEN AND ASSOCIATES By APPROVED AS TO FORM I City Attorney 0