Loading...
HomeMy WebLinkAboutMINUTES - 06221993 - 1.98 TO: BOARD OF SUPERVISORS Contra �.r..i FROM: Phil Batchelor, County Administrator i� ' o s Costa County DATE: June 22, 1993 rr.. SUBJECT: CONTRACT FOR SERVICES REGARDING REDEVELOPMENT PROPOSALS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Approve and authorize the County Administrator to increase a contract amendment with Economic and Planning Systems Inc. to increase the payment limit by $19, 260 to a total of $35,000 for the provision of additional technical support in reviewing and negotiation a city redevelopment plan amendment and to extend the contract through June 30, 1993. BACKGROUND: In October, 1992 the services of Economic and Planning Systems was acquired to assist County staff in analyzing and negotiating a major amendment to the Pittsburg redevelopment plan. The proposed amendment was very complex and included adding significant areas to the City's current plan, as well as increasing the debt limit, tax increment limits and extending the existing redevelopment areas another 20 years. The potential loss in property taxes to the county over the life of the proposed amendment was $356 million. Because of the complexity and magnitude of this proposed amendment, the review and negotiation process extended nearly 12 months, much longer than the four month original contract. Moreover, the City acquired the services of two large consulting firms which provided the City with a significant resource advantage during the early stages of the review process. The attached contract with EPS provided the County with the necessary services to adequately negotiate this redevelopment matter. The County and City have tentatively reached agreement on the proposed redevelopment amendment. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON -- June 22, I W� APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X - - - 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED June 22, 1993 Auditor-Controller PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY ��' 2n�-4 DEPUTY Contra Costa County Is 91 Number Standard Form 1/88 SHORT FORM SERVICE CONTRACT Fund/Org Account # 2110 1. Contract identification. Other # Department: County Admin.istrator Subject: Consultation & Technical Assistance with regard to Pittsburg Redevelopment Proposal 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Economic & Planning Systems Capacity: Corporation Taxpayer ID # 94-3056856 Address: 1815 Fourth Street,. Suite B Berkeley, CA 94710-1910 3. Tem. The effective date of this Contract is - October 19, 1992 and it terminates June 30, 1993 , unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent. 5. Pavment Limit. County's total payments to Contractor under this Contract shall not exceed 35,000 6. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon Contractor's submission of a properly documented demand for payment (County Demand Form D- 15) which shall be submitted not later than 30 days from the end of the month in which the contract services were rendered, and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, as follows: [Check one alternative only] Jx) hour; or x] a. FEE RATE: $ per service unit: session, as defined below; or NOT TO EXCEED a total of service unit(s). calendar (day, week or month) b. Payment in full after approval by the Department. X] c. As set forth in the attached Payment Provisions. Hourly rate for various persons, not to exceed $35,000. 7. Contractor's Obligations. Contractor shall provide the following described services: As set forth in the attached work program which are incorporated herein by reference. 8. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. a 9. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 10. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture, or association. -1- Contra Costa County SHORT FORM SERVICE CONTRACT Number 11. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 12. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services, the Comptroller General, the County, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract, with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the Secretary, the Comptroller General, the County, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 13. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 14. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 15. legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. 16. Signatures. These signatures attest the parties' agreement hereto: COUNTY CONTRA COSTA, CALIFORNIA CONTRACTOR B Designee By Approved: County Administrator I-PJT- (Designate official capacity) By Designee Recommended by Department By Designee [Form approved by County Counsel] Note to Contractor: For corporations (profit or nonprofit), the contract mist be signed by two officers. Signature A oust be that of the president or vice-president and Signature 8 nest be that of the secretary or assistant secretary (Civil Code Section 1190.1 and Corporations Code Section 313). Work Program WORK PROGRAM Fiscal Review Analysis— Los Medanos Redevelopment Project Amendment City of Pittsburg TASK DESCRIPTIONS Task 1 --Project Initiation Consultants will meet and confer with County staff to discuss the scope of the effort, identify resources and research objectives, and to assign tasks. This effort will refine the proposed work program and establish a schedule of meeting dates and product delivery dates. Task 2-- Data Gathering We will review relevant documents including the Preliminary Redevelopment Report, the Project EIR, tax sharing agreements, and analysis prepared by the County Departments and special districts. Follow-up interviews will be conducted with the Departments and special districts to confirm cost estimates and revenue impacts. With approval of County staff, we may contact City staff and/or their consultants including the redevelopment consultants (Katz Hollis), Underwriter(Sutro), and EIR preparer (John Wagstaff). Task 3 -- Project Analysis Consultants will review the Redevelopment Project proposal for consistency with Redevelopment Lav, including such variables as accuracy of growth forecasts, accuracy and appropriateness of capital costs and other redevelopment costs, and the need for redevelopment funding. A major issue regarding the merger is the justification for the project, especially the annexation of the "Southwest Area" (Seeno Project), which would very likely be feasible without redevelopment subsidy. The Plan has assumed a significant portion of the cost of infrastructure will be paid from tax increment. It is likely that specific developments (e.g. in the Southwest Area) can rely upon impact fees or assessments to pay for required infrastructure. Accordingly,we will estimate the ability to reduce the need for tax increment based upon the use of development fees and assessments. The Redevelopment Plan also assumes that improvements are funded entirely by redevelopment agency backed debt; thus, the entire cost of the program includes interest costs which are three times the principal amount. We will review the proposed phasing and cost of improvements to evaluate whether debt financing is required in the amounts estimated,or whether a "pay-as-you-go" approach may be feasible to help reduce overall tax increment required. I Work Program Task 4--Fiscal Analysis Task 4 is the key analytical basis of our review process. The fiscal analysis evaluates two key standards contained in the Redevelopment Law that define "fiscal impact": 1) loss of revenue,and 2) increased service costs. Another issue that will be addressed in the fiscal analysis is the current situation wherein the Fire District is being subsidized by the SDAF in an amount roughly equal to the current loss of property tax revenue to the Agency. A plan that assures the long-term fiscal health of the Fire District,without substantial SDAF subsidies, must be implemented. Task 4.1: Tax Increment Forecast--Following a review of the assumptions and adequacy of the tax increment forecasts for the Redevelopment Project and those prepared by County staff, we will prepare a model to estimate the amount lost to the County General Fund, the Riverview Fire District, Flood Control, and the Library as a result of tax sharing agreements currently applicable. The model will consider the effects of the existing pass-through agreements and allow testing of alternative agreements and tax flows. Task 4.2: Capital Cost Impacts --The capital cost impacts upon the County and its special districts will be compiled and compared to expected sources of funding, including existing fees and charges. Opportunities for redevelopment funding of these improvements will be documented. Task 4.3: Operating Cost Impacts -- Working with County and special district staff, we will estimate the incremental operating costs accruing as a result of anticipated development, including the additional fire stations and the Library. These operating costs will be compared to expected revenues. Task 5-- Report Preparation Consultant will assemble a report that documents our analysis of the Project's justification and its fiscal impacts upon the County and the County special districts. This report will be compatible with the overall Fiscal Review Report that the County staff will assemble from the reports of the other affected agencies. Task 6 --Fiscal Review Negotiations and Meetings The overall goal of our effort is to provide the County with a solid bargaining position with the City. To this end,we will advise staff based upon our general background in redevelopment projects, provide the results of our technical analyses, and assist in the negotiation sessions as directed by Staff. We see our role as providing information to a highly participatory process which seeks to achieve an equitable redevelopment project. A position paper/offer will be prepared prior to the final Fiscal Review Report for the purpose of negotiating a settler.ient. This position paper/offer will be drafted and reviewed with County staff. The offer will seek realignment of property tax increments from the existing redevelopment project areas and redevelopment funding of key capital facilities, including the Library and a municipal court facility. 2 a. Work Program This task will also include participation in the remaining meeting(s) of the Fiscal Review Committee, special settlement meetings with the City, and public hearings as directed by County staff. BUDGET AND STAFFING The Pittsburg Redevelopment Fiscal Review assignment will be managed by Walter Kieser, Principal with Economic &Planning Systems. Richard Berkson,Senior Associate will be conduct revenue analysis and assist with report preparation. Tom Hanson, Special Consultant, will assist with project analysis,cost analysis, and negotiations. Table 1 shows our staff assignments to the six tasks and an overall budget estimate. The estimated budget is $35_,000which will be billed on an "hourly rates not to exceed" basis. Costs could be lower than shown, especially if resolution to the issue occurs early(e.g. through a settlement). 3 V Q� N VI M k •r1 CT � JC O O O O Z Q O co TCO NT u 7 M G rn F- N a 6q 69 � (a (fi tJ} M t/t f0 O U y (4 CL x w O O O O o .� .. .. v co m v M, O :B o o O O T cn uz U N C6 N Ch T N .t 3 69 V) !f} 69 69 N Cl) OD Cfl CO CO co ' O `O C U T T T 0 i UN' 00 O O -r Cy N N Q s � O CD O CC) O �o p O O M O O O 69 0 LL QC 7 00rY 'N i O` a Q f-- 000 -4 O O in y r Y � L1. d trt w m oa v v v v w u� O i LP N u Vi M C d W N � C) T c CCC = s O c a w E E <L w O v oC:; rn •• N O th x (D 'ca R NO tlf e��q Z 5 E C. C m �` y m U v y E m 4) h `° d M U m y ` mCl w vi z 2 cc 0 tu /y co N ¢ •U O q..� •O N CL tUly T M Oh m N w a1•£ n a` o a u. cc M cca N T M� ,Q 0 r CV M 4 6 G �"' C -1 C N � o m C U H cc m m (aa m 0 CO C W I-- m a w ADDITIONAL PROVISIONS Number 1. Independent Status. Contractor is an independent contractor and County shall neither direct nor have control over Contractor, Contractor's activities, or the methods and details by which Contractor fulfills its obligations under this Contract. In providing services hereunder, Contractor shall work cooperatively with County Administrator, or his designee. 2. Expenses. Contractor's fee, as set forth in Paragraph 6. (County's Obligations) of the Contract includes full compensation for all services, work, and expenses provided or incurred by Contractor under this Contract, including all travel, mileage, and per diem expenses. 3. County's Activity Support. County shall provide for Contractor certain office space, clerical support, office supplies and services, materials, equipment, facilities, and assistance as may be mutually determined to be necessary to support Contractor's activities hereunder, but excluding the use of County cars. 4. Service Activities. Contractor shall provide certain consultation and technical assistance services as described herein, including, but not limited to, research, interviewing, information gathering and analysis, and writing as set forth below: a. Scope of Work. During the term of this Contract, Contractor shall accomplish the activities and tasks which are included in Attachment A. 5. Confidentiality of Information. a. Contractor shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying the client. b. Contractor shall not use such identifying information for any purpose other than carrying out the Contractor's obligations under this Contract. C. Contractor shall promptly transmit to the County all requests for disclosure of such identifying information not emanating from the client. d. Contractor shall not disclose, except as otherwise specifically permitted by this Contract or authorized by the client, any such identifying information to anyone other than the County without prior written authorization from the County. W Initials: Contractor County Dept. ADDITIONAL PROVISIONS Number e. For the purposes of this paragraph, identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particular assigned to the individual, such as finger or voice print or a photograph. 6. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. Initials: V+ Contractor County Dept. ADDITIONAL PROVISIONS Number 7. Insurance. a. Automobile Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect a policy or policies of motor vehicle liability insurance naming the County and its officers and employees as additional insureds, for any use Contractor makes of a private automobile in the performance of this Contract, as required by State law and in amounts not less than: (1) $100,000 for personal injury to, or death of one person; (2) $300,000 for injury to, or death of, two or more persons, per occurrence; and (3) $50,000 for property damage. b. Insurance Certificate. Not later than the effective date of this Contract, Contractor shall provide County with a certificate(s) of insurance evidencing the above liability insurance. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above-specified coverage. Initials: Contractor County Dept.