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HomeMy WebLinkAboutRDA 03 TAUSSIG & ASSO. 04-03-00AGENDA DATE: APRIL 3, 2000 RDA NO. 3 04-03-00 I n t e r- C o m' TO: FROM' SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR REDEVELOPMENT AGENCY STAFF AUTHORIZATION OF AN AGREEMENT WITH DAVID TAUSSIG & ASSOCIATES, INC. FOR PREPARATION OF A BACKBONE INFRASTRUCTURE FINANCING IMPLEMENTATION PROGRAM AND UPDATED FISCAL IMPACT ANALYSIS FOR REUSE _a_ND REDEVFJ__,OP_._n/W~NT_ OF ~.M-CA~TUST~rN "'SUMMARY:. David TaUSSig &"ASSociates, Ina Will'~siSt the Agency in developing implementation mechanisms to facilitate the financing of'a new backbone infrastructure system for reuse and redevelopment of the MCAS-Tustin, and an updated fiscal impact analysis to evaluate recurring municipal operations and maintenance costs for the project, compared with revenues generated by the projecL RECOMMENDATION It is recommended that the Tustin Community Redevelopment Agency authorize the Executive Director to execute an Agreement with the firm of David Taussig & Associates, subject to approval by the City Attorney, to provide financial modeling services for the purpose of identifying the most efficient and effective means of financing costs for the required new backbone infrastructure system associated with the reuse and redevelopment of the MCAS-Tustin Reuse Plan. FISCAL IMPACT The cost for the services proposed will be $17,500. There are funds budgeted for this effort in FY 1999 - 2000 account No. 55-600-6012. BACKGROUND The redevelopment of MCAS-Tustin will require substantial investment in infrastructure improvements both on and adjacent to MCAS-Tustin and significant demolition to accommodate the redevelopment. Engineering and planning consultants have specifically identified and defined the backbone infrastructure and facilities necessary to support the Reuse Plan. These improvements include the roadways and utilib' backbone systems necessary to serve a development as a whole, as opposed to individual development sites. The roadways and associated infrastructure are b, pically considered public versus private improvements usually implemented in California through modification of land value and public financing mechanisms. Redevelopment Agency Report David Taussig & Assoc. for MCAS-Tustin April 3, 2000 Page 2 The City of Tustin, acting as the Executive Developer, will manage the disposition of the land to private master developers, using the resulting land sales proceeds to provide the needed infrastructure and site improvements. Sales proceeds alone, however, will not cover the full cbst of the backbone infrastructure system. Therefore, in addition to the purchase price of the land, developers will be responsible for a Developer Infrastructure Payment, which may be structured as a cash payment, dedication of improvements, or participation in a financing district. Although each master developer will be responsible for his or her fair share of the Developer Infrastructure Payment, because portions of the backbone system must be installed in advance of receipt of all land sales proceeds, special financing mechanisms will be required to cover those costs. Things such as the amount financed, appropriate financing mechanism, phasing program, land cost allocation methOd, etc., must be determined before the City as Executive Developer can dispose of any property. Special expertise such as that of David Taussig & Associates, is required to adequately determine the appropriate course of action in such situations. David Taussig & Associates specializes in the preparation of plans and the implementation of public finance mechanisms used to fund the construction of public capital facilities and the provisions of public services. Since 1985 David Taussig & Associates has been involved in the implementation of more than 400 public financing programs, using mechanisms such as development fee programs, Mello-Roos community facilities districts, assessment districts, revenue bonds, certificates of participation, Marks-Roos bond pools, tax increment revenues, and other local public financing options. Christine A. Shingleton Assistant City Manager ~y//~st~rook ' / Project ManagerJ CONSULTANT SERVICES AGREEMENT This Agreement for Consultant Services (herein "Agreement"), is made mad entered into by and between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY. a public body, corporate and politic, ("Agency"). and David Taussig & Associates, Inc. ("Consultant"). WHEREAS, Consultant is qualified to provide the necessary services and has ~reed to provide such services: and WHEREAS. Consultant has submitted to Agency a proposal, dated March 27. 2000, a copy of which is attached hereto as E,',chibit "A". and is by this reference incorporated herein as though set forth in full hereat (the "Proposal"). NOW, THEREFORE, in consideration of the premises and mutual agreements contained herein. Agency agrees to employ and does hereby employ Consultant and Consultant agrees to provide consulting services as follows: 1. SERVICES OF CONSULTANT 1.1 Scope of Services. 'In compliance with all terms and conditions of this Agreement, Consultant shall provide those sen'ices specified in Exhibit "A" and incorporated herein by this reference. (the "services" or the "work"). Consultant warrants that all services shall be Performed in a competent, professional and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in Exhibit "A" and the.terms set forth in the main body of this Ageement, the terms set forth in the main body of this Agreement and Exhibits B, C, and D shall govern. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of the City of Tustin and Tustin COmmunity Redevelopment Agency and of any federal, state or local governmental agency of competent jurisdiction. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this A~eement. 1.4 Familiarity with Work. By executing this Contract, Consultant warrants that COnsultant (a) has thoroughly investigated and considered the work to be performed; (b) has investigated the site of the work and become fully acquainted with the conditions there existing, (c) has carefully considered how the work should be performed, and (d) fully understands the facilities. difficulties and restrictions attending performance of the work under this Agreement. Should the Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the Agency, Consultant shall immediately inform Agency of such fact and shall not proceed with any work except at Consultant's risk until wriuen instructions are received from the Contract Officer. 1.5 Care of Work. Consultant shall adopt and follow reasonable procedures and methods during the term of the Agreement to prevent loss or damage to materials, papers or other components of the work, and shall be responsible for all such damage until acceptance of the work by Agency, except such loss or damages as may be caused by Agency's own negligence. 1.6 Additional Services. Consultant shall perform services in addition to those specified in the Proposal when directed to do so in writing by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation~ Any additional compensation not exceeding ten percent (10%) of the original Contract sum must be approved in writing by the Contract Officer. Any greater increase must be approved in writing by the Executive Director. 1.7 Special Requirements. Any additional terms and conditions of this Agreement, are set forth in Exhibits "B", "C", "D" and "E" and are incorporated herein by this reference. In the event of a conflict between the provisions of EXhibit "B", "C", and "D" and any other provision or provisions of this Agreement including EXhibit A, the provisions of Exhibits "W'_ , "c"v , and "D" shall govern. 2. COMPENSATION 2.1 ..Compensation of Consultant. For the services rendered pursuant to this Agreement, the Consultant shall be compensated and reimbursed in an amount not to exceed $17,500. 2.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to Agency in the form approved by Agency's Director of Finance, an invoice for services rendered prior to the date of the invoice. Agency shall pay Consultant for all expenses stated thereon which are approved by Agency consistent with this Agreement, no later than the last working day of said month. 2.3 Changes. In the event any change or changes in. the work is requested by Agency, the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of such addendum, including, but not limited to, any additional Consultant's fees. Addenda may be entered into: A. To provide for revisions or modifications to documents or other work product or work' when dOcuments or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product of work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Payment for Changes. Changes approved pursuant to an Addendum shall be compensated at the personnel hourly rates prescribed in Exhibit "A" hereto. 3. PERFORMANCE SCHEDULE 3.¸1 Time of Essence. Time is of the essence in the performance of this A~eement. 3.2 Schedule of Performance. All services rendered pursuant to this A~eement shall be performed within any time periods prescribed in any Schedule of Performance attached hereto marked Exhibit "E". The extension of any time period specified in the Exhibit "E" must be approved in ,a~ting by the Contract Officer. The Contract Officer shall not unreasonably withhold consent for an extension of time which is necessitated solely by the action(s) or inaction(s) of the Agency on its officers or employees. 3.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, q~arantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if the Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this A~eement. 3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the services but not exceeding one (1) year from the date hereof, unless extended by mutual written agreement of the parties. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following Principal of the Consultant is hereby designated as being the principal and representative of Consultant authorized to adt in its behalf with respect to the work specified herein and make all decisions in connection therewith: David Taussig David Taussig & AssociateS, Inc. 1301 Dove Street, Suite 600 Newport Beach, CA 92660 It is expressly understood that the experience, 'knowledge. capability and reputation of the foregoing Principal is a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing Principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing Principal may not be changed by Consultant without the express written approval of Agency. 4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager of City unless otherwise designated in writing by the Executive Director of Agency. It shall be the Consultant's responsibility to keep the Contract Officer fully informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition A~ainst Subcontracting or Assignment. The experience, 'knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the Agency to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Agency. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. The Agency shall not unreasonably withhold consent for an assignment to a business entity which succeeds to the entire assets and operation of the Consultant's business. Reasonable grounds for withholding such consent shall include, but shall not be limited to, a delay in performance 'caused by or related to the assignment and/or a proposed change in the Principal designated in Section 4.1 of this Agreement. 4.4 Independent Consultant. Neither the Agency nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent consultant of Agency and shall remain at all times as tO Agency a wholly independent consultant with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. - 5'. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California worker's compensation laws. Such insurance shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to Agency of any proposed cancellation. The Agency's certificate evidencing the foregoing and designating Agency and the City of Tustin (City) as additional named insureds shall be delivered to and approved by the Agency and City prior to commencement of the services hereunder. The procuring of such insurance and the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify the Agency. its consultants, officers, and employees. The amount of insurance required hereunder shall include comprehensive general liability, personal injury and automobile liabili.ty with limits of at least One Million Dollars ($1,000,000)combined single limit per occurrence. Coverage shall be provided by admitted insurers with an A.M. Best's Key Rating of at least AVII. 5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the Agency, City, .its officers and employees, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees. for injury to or death of person or persons, for damage to property, including property owned by Agency, City, and for errors and omissions committed by Consultant, its officers, employees and agents, arising out of or related to Consultant's performance under this Agreement, except for such loss as may be caused by Agency or City's own negligence or that of its officers or employees. 6. RECORDS AND REPORTS 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of this Agreement shall be the property of Agency and shall be delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 6.4 Release of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7. ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall b~ construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long'as the injuring party cures any default within ninety (90) days after sen, ice of the notice, or if the cure of the default is commenced within thirty (30) days after service of said notice and is cured within a reasonable time after commencement; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take immediate action under Section 7.6 of this Agreement. Compliance with the provisions of this Section shall be a condition precedent to any legal action, and such compliance shall not be a waiver of any party's fight to take legal action in the event that the dispute is not cured. 7.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of Agency shall be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such fights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.5 · Le~oal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy consistent with the purposes of this Agreement. 7.6 Termination Prior to Expiration of Term. The Agency reserves the fight to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of the Consultant and Constitutes an immediate danger to health, safety and general welfare, the period of notice shall be such.shorter time as may be appropriate. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. 7.7 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Agency may take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated, provided that the Agency shall use reasonable efforts to mitigate damages, and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed to City. 7.8 Attorneys Fees. If either party commences an action against the other party arising out of or in connection with this Agreement or it subject matter, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8. AGENCY AND CITY OFFICERS AND EMPLOYEES; NON- DISCRIMINATION 8.1 Non-Liability of CiW Officers and Employees. No officer or employee of Agency or City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the Agency or for any amount .which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be n° discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry. Consultant shall take affirmative action to insure that applicants and employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9. MISCELLANEOUS PROVISIONS. 9.1 NOtice. Any notice, demand, request, consent, apprOval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 Cemennial Way Tustin, CA 92780 Attention: Assistant City Manager (Contract Officer) To Consultant: David Taussing DaVid Taussing & Associates, Inc. 1301 Dove Street, Suite 600 Newport Beach, CA 92660 9.2 Integrated A~reement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written a~eement. .9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9..4 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such inValidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 9.5 Corporate AuthoriW. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Ageement the parties hereto are formally bound to the provisions of this Agreement. IN V~qTNESS WHEREOF. the parties have executed this Agreement as of the dates stated below. Dated: "City" TUSTIN COMMUNITY REDEVELOPMENT AGENCY By: Christine A. Shingleton Assistant City Manager APPROVED AS TO FORM: Lois Jeffrey City Attorney "Consultant" By: Z0 EXHIBIT "A" PROPOSAL and SCOPE OF SERVICES Attached hereto are' 1 ) Consultant's Proposal Scope of Work of stin Marine Corps Air Station Project 'scal Impact Analysis David Taussig and Associates, Inc. ("DTAD shall assist the City of Tustin (the "City")'by- preparing a fiscal impact analysis To evaluate recurring municipal operations and maintenance costs required for the Marine Corps Air Station projec~ ("MCAS', or the ~Projecr'), compared with the revenues generated by the Project. To accomplish this goal, DTA will undertake five tasks: Task 1: Determine Operations and Maintenance Sea-vice Levels for MCAS Review and assi~ City staff in dete _rm___in_~g the operations/ma_imenaace levels required for each tylx: of public improvement proposed for MCAS, as well as costs related to these imms. Home prices, absorption rates and other demographic iaformarion from the Economic Develogmem Conveyance Application will be utilized in DTA's analysis. DTA's research shall involve thc following: Review existing City data indicating recommended infrastructure and O&M service levels for each type of public improvement and public service required for MCAS Project, This would include data such as quaat~cation of proposed infrastructure networks (e.g., road lane miles) and service program levels (e.g., rn~_ intem_n_ce costs per road lane mile, lallraber of sworn police officers per 1,000 population, etc.), and estimated costs for each. As necessary, conduct case study interviews with-City department staff, in order to review issues related to proposed operations and maintenance service levels provided to DTA by Ci~. City shall esrabhsh the baseline levels of service by type of infrastru~ne. For example, for each type of infrasu~ture, service levels and costs will be defilled and quantified: Sample Program Type: T.v~ical Expression of Levels of Service P~adWays Stree~ I/ghts ami ~ signals Resurfacing / maimenance schedule; annual cost per l~e mile. Maimenanee schedule; lighting s~u~lard per lineal foot; annual cost pex light and signal. Acres per 1,000 population and mainwname schedule; ~_nual maiateaance cost per acre. CAy of rtttritt Pa~e 2 M C4Lg l:isr, al lm~wt A.m~ ri~ Proposal Mat'eh 27, 2000 I~IAR-27-2BDD 16:D4 FROL/-TAUSSI~ & ASSOC. 94~-955-15B0 T-BIO P.DD~/DO~ F-D~5 Library General governmem Police services Fke protection Recreation services Bnilding square feet and number of books per capita; annual operating cost per capita. Square feet per capita; annual cost per capita. Number of sworn officers per 1,000 population; number of support personnel per sworn officer; annual cost per capita. o ~ase time; calls per fire station; staffing and complement levelS; annual cost per station. Program levels (various) If necessary, DTA ~'an extensive database of service and program levels tha; have been adopted by or. her public agencies and could assist Tusriu personnel in their decisions. Deliverable: Information gathered and evaluated on levels of service for operations and maintenance will bc included in HA analysis covered under Tasks 2 through 5, below. Task 2: Annual Operation and Maintenance Costs and Revenues Based on the cost assumptions and service level findings from Task 1, project the fiscal impacts on ~he City resulting from the development of MCAS. The analysis will estimate the recurring fiscal impacts from the provision of public services and operation and maintenance of public facilities within the MCAS. In order m detemine costs, DTA shall integrate per ,nit cos~ assumptions and case study input received unde~ Task 1 with infrastructure phasing requirements. All infra.m-ucmre phasing re. auircments _~haI1 be provided by City, Deliverable: A projection of recurring costs by year and at buildofit. Recurring City costs will be shown separately for each type of service. Task 3: Assess Adequacy of Existhtg Revenue Su'ucture Projm recmg r~m~ m the Ci~j from d~veloprmnt of MCAS. This first requires ~ develotxnc~ of revc~nue generation assumptions. DTA will employ the Case Study and Per Capita Method for calmfi~ri~g relevant City revenues, such as sales tax~s, protmny uix~, and franchise fe~s. In order m estimate the revenue sources, DTA s__ha_!! utilize projectcd market prices ~tud project valuafiom from the EDC App]icadon, and conduc~ the following backgrm~__~ research: ~ of ~ Pa~ 3 M~.S Pire~ Impart ~,~ty~ Proposal Morc~ 27, 2000 · Obtain breakdowns of ge~ l~3r tax allocation factors from th~ City Auditor- Connroller which are likely ~o be applied to MCAS Derive Per Unit revem~ generation assumptions. DTA will employ the Per Unk Multiplier Method for projecting some City revenues, such as state subventions, gas taxes, fines & forfeitures, and other miscellaneous revenue sources. This task will require a comprehensive analysis of the City's currem operating budget for selecr~ revenue categories. DeliveraMe: A projection of recurring Cky revenues by year and ax buildom. Recurring Cky revenues will be shown separately for each type of revenue category. Task 4: Identif~ O&M Funding Options Evaluate the fiscal balance of the MCAS based on the findings in Tasks 3 and 4. Based on the findings of the net fiscal impact (revenues minus costs), DTA shall identify pomntial pl~,~i~g or other measures for mitigating any f~zzl imbalance, such as a Conmmniry Services Diswia, Landscaping and Lighting Dis~ct, or other funding opfiom (such as a utility users' tax). Delivexable: A summary uable listing the projected recurring costs and revenues for operations and maimenance services in MCA$ on a year-to-year basis ~n'ough bufldout of the Project. Task 5: Prepare Fiscal Impact Analysis Report Prepare the FIA Report, which will contain a derailed discussion and sr~lysis of ~e assumptions, methodology, and findings of the fiscal impact ,:a~ysis. Task 6 Attend Meetings to Present and 'Discuss the FIA ' Presem information re~g the FIA ax up m xwo mee~gs, including meetings with staff and the City Council. City of l'~sri~ l~e 4 MC.A~ Je~ssc.~ l~u:r /s~slysts Fr~d Mar~b 27, 2000 UAR-27-20DO 1~:D5 FRD~TAUSSIG & ASSD:~ ~4g-g55-15BO T-~IO P.DOS/OO9 F-DSS Proposed Fee Schedule The total f~: m complete the Scope of Work shall not exceed $16,500 (excluding expeases). This represents a maximum amount nor to be exceeded, subject to the lira/rations identified below, unless otherwise agreed by Clieat. Ia addition to the above maximum tees for services, Cliem shall reimburse DTA for travel, duplication, facsimile, Courier, long-distance telephone and other out-of-pocket expenses not to exceed $1,000. Fees will be billed at the end of-each' moath on a time and materiah basis, according to the professional tee schedule below. David Taussig & Associates, !_ne. Year 2000 Fcc Schedulc presin_en~ ~ $160/I-Iour Vice President $150/Ho~ Director $145/Hour M~er $130/Hour Sr. AssociatearEngineer $120/Hour Associate $I00/Hoar Analyst $ 85/Hour Resear~ Assistant $ 65/Hour Payments _~_1~11 be made by Cliem within 30 days upon presemation of invoices by DTA providing details of services rendered and expends incurred. David Taussig, President of DTA, may be contacted during the proposal evaluation and has the authority to negotiate and contractually bind the company. He may be contacted by phone at (949) 955-1500, or by mai! at 1301 Dove Street, Suite 600, Newport Beach, CA 92660, Limitations This budget covers only those tasks outlined in the Scope of Work. Additional consukiag services beyond those iacluded in the Scope of Worlc ('Additioml Work') may be provided for additional fees i._f they cause the budget maximnm tO be e. xce~l~L For example, the following would be considered Additional WOrk: · Work associated with the aaalys~ of Project alternatives or sigm'ficam changes ia the Project description during the preparation of the amalysis · · Additional analys/s based on revised assumptiom requested by the City · Additional meetings beyond rJae dxree meetings listed in thc Scope of Work Cg'y of Tttstm Juage $ MC. AS I:fsrad Impt~ atnab, sis Pr~pmat Marc.~ ;,7, 2ooo EXHIBIT "B" SPECIAL REQUIREMENTS 1. The Consultant shall comply with all applicable federal, state and local laws applicable to its activities. . The Consultant shall not release to the public or press any information regarding the purpose/scope of services to be accomplished or data specific to the project required under the Agreement without prior authorization of the contract officer. All such information is considered confidential. All inquiries made of Consultant shall be immediately referred to the Contract Officer. 3..Consultant shall present to the Agency certificates of insurance and endorsement forms verifying that the Consultant has the insurance as required by this Agreement. Said form shall be reviewed and approved by the office of the City Attorney. A certificate of insurance form is attached. , Consultant shall utilize those professional staff members to perform services as identified in Consultant's proposal. No substitution shall be made without the advance written approval of the Contract Officer. No increase in compensation or reimbursable salary rates will be allowed when personnel or firm substitutions are authorized by the Contract Officer. 5. The Consultant shall review and replace project personnel who do not perform assigned duties in a manner satisfactory to Contract Officer when requested by Contract Officer. . Monthly progress reports shall be submitted by Consultant with billing requests. At minimum these reports shall specify the period reported, tasks completed, tasks underway, percent of project completed and strategies to solve any timing delays. 7. Consultant shall be required to meet with the Contract Officer as determined necessary or desirable to discuss elements of the Scope of Work and project's progress. EXHIBIT "C" SCHEDULE OF COMPENSATION Compensation o As compensation for the Consultant's services under this Agreement, the Agency shall pay the Consultant a not-to-exceed fixed amount of $17,500, of which $16,500 is a not to exceed amount to include direct services based on hourly rates shown in Exhibit A and a not to exceed amount of $1,000 for expense reimbursements, when and if necessary. Expense Reimbursement ¸2. The Consultant's not-to-exceed compensation for services under this Agreement may include reimbursement for miscellaneous expenses. The Agency shall reimburse Consultant for direct expenses such as and including postage, telephone charges and Consultant travel subject to the following restrictions: a. Expenses for air travel shall be for standard, economy class only; bo Itemized payment statements shall set forth in detail all actual reimbursement expenses during the preceding month. Compensation for Additional Services . In the event the Agency requires services in addition to those described in Exhibit A and B, said services must first be approved in writing by the Contract Officer. The Consultant shall be compensated at the Consultant's standard hourly rates for professional services as shown in Exhibit A, plus reimbursement of expenses or a fixed amount agreed to in writing by the Agency and Consultant. Method of Payment . As a condition precedent to any payment to Consultant under this Agreement, Consultant shall submit monthly to the Agency a statement of account which clearly sets forth by dates the designated items of work, as well as reimbursable expenses, for which.the billing is submitted. The payment request shall identify each task required by the Agreement, percent of completion. amount of actual reimbursable expenses and requested amount to be billed against each task. Timing of Payment o The Agency shall review Consultant's monthly statements and pay Consultant for services rendered and costs incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly basis in accordance with the approved monthly statements. Estimated Fees by Task For information purposes, r3c es-dmated fees necessary to complete each sub-task are listed below. DTA's proposal calls for monthly invoices based on hours expended, and reserves the right to vary from thc fees estimated below as long as the maximum fee of $16,500 is not exce~ed. Task De~ .'ptio, n Estimat_ed Fees by Task Der~mine Operations and Maintenane~ S~rViee Levels for Task 1 MCAS $3,920 Task 2 Annual C)/x-r~on and Main~ Co, ts anti Rewaues $1,640 , Task 3 .~__~es__~ Adequacy of Existing Revenue Structure $2,940 Task 4 , . Task 5 Prepare Fiscal Impact Analysis Rt-port $3,440 ,. ..... ,. Task 6 Ar. end M~dags w Presem and Discuss the FIA 2.620 -- ?ornJ.-' 'i ...... $16,500 , cay of Ttartn Page 6 MC-AS ~cal lmtna~ Attatytiz Propmal March 27, 2000 EXHIBIT "D" SCHEDULE OF PERFORMANCE Upon the Consultant's receipt of the base data from the City, from which the Consultant shall derive the Fiscal Impact Analysis Report, the Consultant shall complete the Scope of Services under this Agreement within 4-5 weeks of receipt of a Notice to Proceed.