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HomeMy WebLinkAboutContracts & Agreements_44a-1995_CCv0001.pdf CONSULTING AGREEMENT This consulting agreement is made this 6th day of June, 1995, (the "Agreement") by and between the City of Redlands, California, a municipal corporation, hereinafter called "City," and Stanley R. Hoffman Associates, hereinafter called "Consultant." RECITALS Whereas, City wishes to retain the services of Consultant for the preparation of a report pursuant to California Elections Code Section 9212 which authorizes the Ci to request a repo on fiscal impact (the "Report"); and a proposed initiative measure as to its f City rt Whereas, Consultant has submitted a proposal to City to prepare the Report in which Consultant represents it has the necessary skill and expertise to perform the work associated with the Report in a manner consistent with the professional standards and expertise of others in Consultant's industry; and Whereas, Consultant has represented to City that Consultant has no existing conflicts in undertaking such work and can perform the work in a professional and unbiased manner; Now, therefore, in consideration of the mutual promises contained herein, the City of Redlands and Stanley R. Hoffman Associates agree as follows: I.i Retention of Consultant City hereby retains Consultant to prepare a report (as more particularly described in the Recitals to this Agreement)pursuant to Elections Code Section 9212 and perform the functions and duties set forth in the scope of services attached hereto as "Exhibit A" which is attached hereto and incorporated herein by this reference. Consultant shall, in its sole discretion, determine the method, details and means of performing the therein described services. City shall have no right to, and shall not, control the manner or deterinine,the method of accomplishing Consultant's services. 2. Independent Contractor. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee or agent of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City or any employee or agent of Consultant. Both par-ties acknowledge and agree that Consultant is'not an employee of City for state tax, federal tax or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement. 3. Tenn. This Agreement shall become effective on the date first written above and shall terminate on August 2, 1995, unless earlier terminated as provided in Section 5 of this Agreement. 4. Payment. City shall pay Consultant monthly on a time and materials basis at the rates set forth in Exhibit "B," which is attached hereto and incorporated herein by this reference; provided, however, that the total compensation paid to Consultant for the services under this Agreement shall not exceed $11,800. 5. Termination. City shall have the right to terminate this Agreement,with or without cause, upon seven (7) days prior written notice to Consultant. Consultant shall be entitled to payment for all services completed at termination. 6. Entire Agreement. This Agreement supersedes any and all other agreements, either verbal or written,between the parties hereto with respect to the engagement of Consultant by City, and contains all covenants and agreements between the parties with respect to the matters contained herein. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements,verbal or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party. 7. Modification. Any amendment or modification to this Agreement shall be effective only if it is written and signed by the parties. 8. Assignment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Consultant without the prior written consent of City. Any attempted assignment by Consultant without such consent by City shall be null and void and of no effect, and shall result in the immediate termination of this Agreement. 9. IndemnConsultant shall defend, indemnify and hold City harmless against any and all liability imposed or claimed,including attorneys' fees and other legal expenses,arising from any negligent act or failure of Consultant or Consultant's assistants, employees, or agents, in connection with any of Consultant's services provided pursuant to this Agreement, including, but not limited to, all claims relating to the injury or death of any person or damage to any property. 10. Time of Essence. Consultant acknowledges that time shall be of the essence in Consulant's performance of its services under this Agreement. DIW61 LE 2 11. Attorney's Fees. In the event any legal or equitable action is commenced to enforce or interpret any of the terms or conditions of this Agreement, the prevailing party shall, in addition to any costs or other relief, be entitled to recover its reasonable attorneys' fees. Dated this 15th day of June, 1995. ATTEST CITY OF REDLANDS ("CITY") City,,, erk Swen Larson, Mayor C't STANLEY R. HOFFMAN ASSOCIATES ("CONSULTANT") By: Stanley R. HoAman, 1��i�al DJM1611-E Exhibit "A" PROPOSAL TO DEVELOP A FISCAL IMPACT ANALYSIS of the PROPOSED GROWTH MANAGEMENT ACT OF 1995 CITY OF REDLANDS Scope of Work The fiscal impact analysis of the proposed ballot initiative entitled "The Redlands Growth Management Act of 1995" will be focused on testing various land use scenarios that best reflect the Before and After conditions of the initiative. These scenarios,which will be developed by a separate land use consultant to be hired by the City of Redlands,will identify the land use mix and phasing under key assumptions regarding the influence of the initiative on the economy of Redlands. Specifically, the fiscal analysis will test the fiscal impacts as generated by various levels of residential and commercial development. Task 1 Coordination with Land Use Consultant to Develop Scenarios This task will involve close coordination with the City staff and a separate land use consultant, to be hired by the City of Redlands,to develop various Before and After land use scenarios to be tested in the fiscal analysis. The attention will be focused on the likely range of possible changes in the residential and commercial sectors, and their potential phasing. To the extent that necessary infrastructure and funding requirements can be identified by City staff at this level, this will be presented along with the land use scenarios. Task 2 Preparation of Fiscal and Market Assumptions The following fiscal and market assumptions will be developed and combined into a computerized fiscal model for analysis of the various land use scenarios. The model, which Stanley R. Hoffman Associates has applied in a number of other jurisdictions, will be tailored with conditions and assumptions unique to Redlands. Public Cost Factors. The public cost factors will be developed after a detailed budget review and key staff interviews. Some factors will be prepared on either an average or a marginal cost basis, while others will be developed after case study interviews. Case studies identify unique requirements,such as fire facilities,that are not as amenable to an average cost estimating approach. Appropriate levels of service will be identified in discussion with City staff. Public Revenue Factors, The public revenue factors will be-prepared to provide estimates of public revenues, such as: property and sales taxes, hotel occupancy taxes, business license and franchise fees, gasoline taxes and motor vehicle in-lieu taxes, fines and forfeitures, licenses and permits and Z� other charges and fees, as identified in interviews with the finance director and staff. Stanlev R. Hoffman Associates, Inc. City of Redlands Fiscal Analysis May 31, 1995 page 1 Mak�t Asomphons. The market assumptions related to product and land valuations, sales performance of various retail and industrial uses, hotel occupancy and room rates, development densities d floor area ratios will be identified based on existing studies, discussions with City staff and local real estate experts and brief survey research. Task 3 Fiscal Analysis of the Proposed Growth Management Ordinance Based on fiscal and market factors developed in consultation with City staff,a fiscal analysis will be prepared of the estimated Before and After impacts of the proposed Growth Management Ordinance The fiscal analysisof the existing and proposed General Plan will then be comparatively presented for decision-making purposes. Sensitivity analyses can also be run to test anticipated changes in revenues or costs as a result of likely laud use changes. The projections will be presented in terms of various fiscal indicators, such as estimated absolute dollar amounts; net surplus or deficit, revenue/cost ratios and ether indicators. While detailed year-by-year phasing may not be available, the analysis will discuss the implications of short and long range phasing impacts. Task 4 Finance Analysis of the Proposed Growth Management Ordinance The fiscal analysis will also project the level of development impact fees that might be generated for each of the scenarios based on fee programs for capital facilities that are already in place. To the extent that the City determines that there might be funding shortfalls, the range of other available financing techniques will be discussed, including. special assessments, Mello-Roos special takes, redevelopment tax increments, outside loans and grants, potential adjustments to the existing fee structure and other financing programs, as identified. Task 5 Report Preparation The analysis will be documented in a report for submittal to the City Council and the general public. The report will present all of the underlying land use, market and fiscal assumptions and the projections that are prepared. Attention will be given to presenting the results in graphical form as much as possible in order to effectively communicate the results of the analysis. A draft report will be prepared for stuff`review and finalized by July 26, 1995. Task 6 Major Meetings Time has been budgeted for a presentation of the results of this study to the City Council at their Tuesday,August 1, 1995 meeting. Attendance at any additional meetings will be billed on a time and materials basis. Stania, R. Hoffman Associates, Inc. City of Redlands Fiscal Analysis May SI. 1995 page 21 Exhibit "B" PROPOSED BUDGET GROWTH MANAGEMENT ACT OF 1995 FISCAL ANALYSIS CITY OF REDLANDS BUDGET Senior Staff Principal Hours Hours Task @$80/Hr Amount @$1201Hr Amount Total 1. Coordination with Land Use Consultant 8 $640 4 $480.00 $1,120.00 2. Preparation of Fiscal and Market Factors 9 $720 8 $960.00 $1,680.00 3. Fiscal Analysis/Land Use Scenarios 32 $2,560 16 $1,920.00 $4,480.00 4. Financial Analysis/Land Use Scenarios 12 $960 8 $960.00 $1,920.00 5. Report Preparation 12 $960 8 $960.00 $1,920.00 6. Major Meetings 0 $0 4 $480.04 $480.00 Subtotal 73 $5,840.00 48 $5,760.00 $11,600.00 Expenses' $200.00 Total $11,800.00 Expenses include mileage reimbursement @$.25 per mile,copying and printing,postage,and other direct project related expenses and will be billed at cost. Ten copies of the final report plus one camera ready copy will be provided.