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HomeMy WebLinkAboutReso 1985-12150 RESOLUTION NO. 12150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BE~EEN THE CITY OF CHULA VISTA AND GEORGE SI~PSON FOR PROJECT ~L~NAGEMJENT SERVICES FOR THE EASTLAKE FINANCIAL PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRE~IMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and GEORGE SIMPSON for Project Management Services for the EastLake Financial Plan dated the 27th day of Auqust , 1985, a copy of ~fnich is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Lip of ' ' t~mblic Works/City Engineer ~/Attorne~/ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27th dcly of.. Auqust 19 85, by the following vote, to-wit: AYES: Councilmen: Malcolm, McCandliss, Moore NAYES: Councilmen: None ABSTAIN: Co~lmen: None ABSENT: Councilmen: Scott, Cox MAYOR PRO TEMPORE STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chu~o Vista, Colifornia, HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12150 ,and that the same has not been amended or repealed. )ATED (seal) City Clerk AGREEMENT FOR SERVICES THIS AGREEMENT, entered into this 27th day of August, 1985, by and between THE CITY OF CHULA VISTA, a municipal corporation (hereinafter referred to as "City") and GEORGE T. SIMPSON (hereinafter referred to as "Project Manager"); WI TN E S S E TH : WHEREAS, the City is considering the financing of certain public improvements, together with appurtenances and appurtenant work, in a proposed development project designated as EastLake Development I (hereinafter referred to as the "Project") with financing proceedings to be conducted either pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and/or the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code or other applicable California financing techniques, and WHEREAS, City is desirous to hire a Project Manager to coordinate all activities of the staff, as well as certain retained support consultants as it relates to the preparation of an overall feasibility and financing plan, including an implementation work program for the Project. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows: MANAGEMENT SERVICES SECTION 1. The general and continuing services throughout the implementation of the financing of the Project to be provided by the Project Manager, at the direction of the City Manager or his designee, shall be the following: A. Coordinate the activities of support consultants retained by the City as it relates to implementing the EastLake Financing Plan, the work program and any specific financing programs that may be required in the future. B. Assist and advise the City in the implementation of the EastLake Financing Plan. C. Attend such meetings of City Council, Planning Commission, City staff, developer and other agencies as may be required. D. Review report documents or studies for the City as may be directed and required. E. Prepare reports or analyses on various aspects of the EastLake Financing Plan as may be directed. F. Advise the City Manager directly or his designee on the implementation of the EastLake Financing Plan. G. Coordinate City staff, developer and supporting consultants activity. H. Review and approve invoices submitted to the City by retained support consultants. SPECIFIC WORK PROGRAM SECTION 2. The Project Manager will be responsible for providing direction to the supporting consultants to coordinate the implementation of the following Tasks outlined, with the Project Manager having direct responsibility for Tasks 1, 2 and 6: A. TASK 1 - REVIEW PLANS AND REPORTS GENERALLY CONSISTING OF THE FOLLOWING: - Environmental Impact Report and support documentation - Specific Plan and amendments - Development Agreement - Schools Report - EastLake Project Regulations - Park Land Acquisition & Development Ordinance (PAD)~ - Residential Construction TAX (RCT) - Tentative tract Maps and Final Maps, Conditions, Agreements - Transportation Phasing Plan data - Sewer and Water Reports - All other prepared and related documents B. TASK 2 - INTERVIEWS WITH CITY STAFF MEMBERS~ CONSULTANTS AND REPRESENTATIVES OF THE PROPERTY OWNERS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Santos Cinti - Wedin - Aftahi - Tebbetts Schlaefli - Lippitt - Krempl - School District Superintendents - Other personnel as deemed appropriate -2- C. TASK 3 - DIRECT SUPPORTING CONSULTANTS TO ASSEMBLE DATA AND MATERIAL NECESSARY TO TEST FINANCIAL FEASIBILITY OF FINANCING PLAN, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Prepare an estimated annual rate of development for each land use, i.e., residential dwelling units, industrial and commercial equivalent dwelling units - Listing all public facility projects required for buildout of EastLake I with the following information for each project: - Description (diagram - dimensions) - Cost estimates (units - quantities) - Year of need (criteria) - Type of benefit (special, general, incidental) - Preliminary proposed method of financing (subdivision fees, Facilities Benefit Assessment procedure, Mello-Roos Community Facilities Act of 1982, special assessment proceedings, reimbursement districts and others) - Prepare estimate of land values by parcel (selected areas) D. TASK 4 - DIRECT SUPPORTING CONSULTANTS TO PREPARE BASE MAP AND ORGANIZE DATA, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Overlays - Assessor's parcels with ownership - Tentative Map and Final Map approved and in process and conditions and agreements - Financing District boundaries for Project or Projects - Land value estimates - Prepare data base model for computer and in-put data E. TASK 5 DIRECT SUPPORTING CONSULTANTS TO TEST FINANCIAL FEASIBILITY POTENTIAL OF FINANCING DISTRICTS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: - Develop preliminary basis and methodology for cost distribution - Develop areas and type of benefit - Group projects based on time of need - Develop potential district boundaries and preliminary distribution of costs Test underwriter feasibility -3- - Evaluate special tax v. special assessments v. "pay-as-you-go" fees - Identify and recommend specific financing tools for each project or group of projects. F. TASK 6 - COORDINATION AND COMMUNICATION - Arrange and schedule necessary meetings, including a monthly progress report with appropriate City staff. - Provide communication link between consultants, developer and City. G. TASK 7 - PROJECT MANAGER AND SUPPORTING CONSULTANTS TO RECOMMEND IMPLEMENTATION PROGRAM FOR ALL PUBLIC FACILITY PROJECTS - Make recommendations as to specific work program for next fiscal year implementation (fiscal year 1986), including but not limited to the following: (a) Recommendations for specific financing mechanism for each public facility identified in the EastLake I Financing Plan. (b) Where an assessment (13/15 Act) or special tax (Mello-Roos) is recommended, the following ilI information will be provided: lit - Description and cost estimate of project - Preliminary district boundaries - Basis and methodology of the spread of costs ~ - Demonstration of financial feasibility - Preliminary assessments/tax per parcel - Implementation program and schedule (c) Where other financing mechanisms are recommended (Facilities Benefit Assessments, Impact Fees, Reimbursement Districts, Special Park Fees), a specific implementation program and schedule will be provided. (d) Priority and expanded detail will be given to projects necessary to facilitate timely private development as provided in the transportation and facility phasing plans contained in the adopted Financing Plan. (e) Recommend step by step procedure for implementing financing mechanism to be used for funding each public facility. -4- (f) Project Manager will furnish to City 25 copies of the final report. SECTION 3. A. The amount of time estimated to prepare and complete the Project Implementation Report is one hundred twenty (120) days. This time schedule is based on an assumption of adequate cost estimates being available from EastLake for the proposed improvements. B. The general management services under this Agreement shall be continuing until completion of the project or termination of this Agreement. FEE FOR SERVICES SECTION 4. Project Manager shall be paid a fee based upon a hourly rate of $85.00 per hour, plus reimbursement for all out-of-pocket expenses outside of normal office expenses, including but not limited to, travel, printing, map preparation, aerial photography and related documentation reproduction. All fees will be payable on a monthly basis upon an invoice submitted by the Project Manager. Invoices submitted will indicate specific out-of-pocket expenses, containing a detailed description of the Task performed by Project Manager and the number of hours relating to each Task. The fee for purposes of preparation and completion of the Implementation Report shall not exceed $20,000.00, unless further written authorization is given by the City. SERVICES BY CITY SECTION 5. City further agrees to furnish to Project Manager, in a timely manner, such maps, records and other documents and proceedings,, or certified copies thereof, as are available and may be reasonably required by Project Manager in the performance of these services. -5- CONFLICT OF INTEREST SECTION 6. Project Manager presently has and shall acquire no interest whatsoever in the EastLake Development Project, the subject matter of this Agreement, direct or indirect, which would constitute a conflict of interest or give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by Project Manager under this Agreement. Project Manager specifically certifies that neither Project Manager nor any other person employed or retained by Project Manager has performed work for or on behalf of the EastLake Companies, or its predecessor in interest. Project Manager specifically certifies, in addition, that no promise of future employment or other consideration of any kind has been made to Project Manager or any employee, agent, or representative of Project Manager, by the EastLake Development Company, any employee, agent or representative of the Project Manager regarding the subject matter of this Agreement, or any future project in which Project Manager has an interest. TERMINATION OF AGREEMENT FOR CAUSE. SECTION 7. If, through any cause, Project Manager shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if Project Manager shall violate any of the covenants, agreements, or stipulations of the Agreement, City shall have the right to terminate this Agreement by giving written notice to Project Manager of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by Project Manager shall, at the option of City, become the property of City and Project Manager shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under Section 4 hereinabove. TERMINATION FOR CONVENIENCE OF CITY. SECTION 8. City may terminate this Agreement at any time and for any reason by giving written notice to Project Manager of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such -6- termination. In that event, all finished and unfinished documents and other materials described in Section 7 hereinabove shall, at the option of City, become City's sole and exclusive property. If the agreement is terminated by City as provided in this paragraph, Project Manager shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Project Manager hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in Section 4 hereinabove in the event of such termination. ASSIGNABILITY. SECTION 9. Project Manager shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City; provided, however, that claims for money due or to become due to Project Manager from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to City. Any assignment requiring approval may not be further assigned without City approval. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL SECTION 10. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights , or patent right by Project Manager in the United States or in any country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the Public Records Act), distribute, and otherwise, use, copyright or patent, in whole or in party, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. INDEPENDENT CONTRACTOR. SECTION 11. City is interested only in the results obtained, and Project Manager shall perform as an independent contractor with sole control of the manner and means of performing the services required under the Agreement. City maintains the right -7- only to reject or accept Project Manager's final work product as each phase of this Agreement is completed. Project Manager and any of Project Manager's agents, employees, or representatives are, for all purposes under this Agreement, an independent contractor, and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. CHANGES. SECTION 12. City may from time to time require changes in the scope of the services by Project Manager to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Project Manager's compensation, which are mutually agreed upon by City and Project Manager shall be effective as amendments to this agreement only when in writing. IN WITNESS WHEREOF, City and Project Manager have executed this Agreement on this 27the day of August, 1985. THE CITY OF CHULA VISTA PROJECT MANAGER Mayor of/~he ~ity of Chula Vista Ge~',T. SimpsOn ~ Approved as to form by Assistant City Attorney 0729a -8-