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
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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.
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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;
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(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
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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;
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(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.
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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
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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
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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.
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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
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