HomeMy WebLinkAbout1991/04/16 Item 7
COUNCIL AGENDA STATEMENT
Item.... 7
SUBMITTED BY:
Meeting Date 4/9/91
Resolution 'iD':l~ Approving Contract and Appropriating Funds for
Fiscal Analysis and Economic Monitoring Report with John McTighe and
Associates
Director of Planning ;!J!f
City Manager> '1 1$; (4/5ths Vote: YesXNo~
ITEM TITLE:
REVIEWED BY:
The revised economic/fiscal threshold contained in the Growth Management Program calls for
an annual "fiscal impact report" to provide an evaluation of the impacts of growth on the City
as well as an annual "economic monitoring report." These reports will require the assistance
of outside consultants because the city staff does not have the available personnel and technical
expertise to conduct the analysis.
RECOMMENDATION: That the City Council approve the attached resolution and authorize
the Mayor to execute the attached agreement on behalf of the City with John McTighe and
Associates.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
During the General Plan update, two studies were prepared to help the City Council deliberate
on the economic and fiscal consequences of the new General Plan adopted in 1989. The first
was a study by P&D Technologies which evaluated the economic base of the City (January
1987). The second was a fiscal study by John McTighe and Jun Onaka of P&D Technologies
of the General Plan Update (June 1989).
Mr. McTighe was one of the key people responsible for creating the first model used to evaluate
the fiscal impact of the General Plan Update. He has also worked with the Finance Department
in evaluating the fiscal impact of the EastLake I project on the City of Chula Vista for the last
two years. Due to his extensive experience and familiarity with City of Chula Vista revenue and
expenditure data, Mr. McTighe is able to provide the required analysis in the most timely
manner.
The current need is to update the information from these past studies on fiscal and economic
conditions to help the Growth Management Oversight Committee evaluate the economic/fiscal
threshold for 1990.
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Page 2, Item "'-7
Meeting Date 4/9/91
The attached agreement with John McTighe and Associates will produce the fiscal analysis and
economic monitoring reports requested by the GMOC. Mr. McTighe has recent experience in
constructing the fiscal impact model used by the City to evaluate the General Plan Update. He
also has considerable experience with other cities in San Diego County in preparing economic
activity reports.
FISCAL IMPACT: An appropriation of $9,000 is requested to cover the cost of this study.
There would be no net cost to the City General Fund because the cost of the study would be
reimbursed from the Public Facilities Administration Development Impact Fee Account Number
801-801O-5201-0P106 ($8,000) and the Transportation Development Impact Fee Account
Number 62 1-62 1O-5201-0P 106 ($1,000).
(M,T;,be)
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RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONTRACT AND APPROPRIATING
FUNDS FOR SERVICES OF JOHN MCTIGHE AND ASSOCIATES
TO PREPARE AN ECONOMIC ACTIVITY AND FISCAL IMPACT
STUDY FOR THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the City of Chula Vista prepared comprehensive economic
activity and fiscal impact reports in conjunction with the General Plan
Update, 1989; and
WHEREAS, the City Council adopted Quality of Life Threshold
Standards, 1987, including an economic/fiscal threshold standard; and
WHEREAS, the Growth Management Oversight Committee, which is charged
wi th the responsibility of reviewing the threshold standards each year, has
requested updated information on economic activity and fiscal changes during
calendar 1990; and
WHEREAS, there is a need to retain outside consultant expertise to
prepare the required studies; and
WHEREAS, the City has retained John McTighe and Associates in the
past to prepare fiscal impact analysis of the General Plan Update and other
fiscal studies for EastLake I and other similar projects; and
WHEREAS, John McTighe and Associates is prepared to accomplish the
required studies within the specified time period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the contract between the City of Chula Vista
and John McTighe and Associates to prepare an economic activity report and
fiscal impact study of the City of Chula Vista.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said contract for and on behalf of
the City.
BE IT FURTHER RESOLVED that the amount of $8,000 is hereby
appropriated from the Public Facilities Administration Development Impact Fee
Account Number 80l-80l0-520l-oPl06 and the amount of $1,000 is hereby
appropriated from the Transportation Development Impact Fee Account Number
62l-62l0-520l-0Pl06.
Bruce Boogaard
City Attorney
7-3/7-~
Presented by
Robert A. Leiter
Director of Planning
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Agreement with
John McTighe and Associates
for Fiscal and Economic Consulting Services
This Agreement is made this 9th day of April, 1991, for the purposes of reference
only, and effective as of the date last executed between the parties, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, and John
McTighe and Associates, a professional consulting firm ("Consultant"), and is made with
reference to the following facts:
Recitals
WHEREAS, the City is presently in need of additional professional services by
contract to prepare an economic and fiscal analysis of the city for the Growth Management
Oversight Committee; and
WHEREAS, Consultant has had extensive experience with the City in performing
similar duties, and is well qualified to provide these services, and,
WHEREAS, the City desires to retain the professional services of Consultant for the
specific performance of services as are hereinafter set forth.
WHEREAS, Consultant warrants and represents that he is experienced and staffed in
a manner such that he can prepare and deliver the services required of Consultant to City
within the time frames herein provided, all in accordance with the terms and conditions of
this Agreement; and,
NOW, THEREFORE, the City and Consultant do hereby mutually agree as follows:
1. Consultant's Duties
a. General Duties
1) Consultant shall prepare a report on the impacts of growth on the
City's fiscal and economic status between fiscal year 1988-89 and
1989-90.
2) Consultant shall prepare an analysis of the projected impacts of growth
on the City's status attributed to projected growth over the next 12-18
month period and 3-5 year period.
3) Consultant shall prepare a projection of changes in economic indicators
over the next 12-18 months and 3-5 year period.
(The duties of the Consultant as herein in this section contained may
hereinafter be referred to as "General Duties. ")
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b. Scope of Services and Schedule
In the process of preparing said reports, shall perform the duties and deliver
the "Work Product" as is set forth in the Scope of Services and Schedule,
attached hereto as Exhibit A, not inconsistent with the General Duties,
according to, and within the time frames therein established (time being of the
essence of this agreement). (The General Duties and the work required in the
Scope of Services and Schedule shall be herein referred to as the "Defined
Services").
c. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall be performed in a manner consistent
with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions and in similar
locations.
d. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against
the City unless a claim has first been presented in writing and filed with the
City of Chula Vista and acted upon by the City of Chula Vista in accordance
with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of this Agreement.
e. Miscellaneous.
1) Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, Consultant shall have
no authority to act as City's agent to bind City to any contractual
agreements whatsoever.
2) Notices.
All notices, demands or requests provided for or permitted to be given
pursuant to this Agreement must be in writing. All notices, demands
and requests to be sent to any party shall be deemed to have been
properly given or served if personally served or deposited in the United
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States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested, at the addresses identified
adjacent to the signatures of the parties represented.
3) Entire Agreement.
This Agreement, together with any other written document referred to
or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter hereof.
Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing
executed by the party against which enforcement of such amendment,
waiver or discharge is sought.
4) Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its
principal to enter into this Agreement; that all resolutions or other
actions have been taken so as to enable it to enter into this Agreement.
5) Governing Law/Venue.
This Agreement shall be governed by and construed in accordance with
the laws of the State of California. Any action arising under or relating
to this Agreement shall be brought only in the federal or state courts
located in San Diego County, State of California, and if applicable, the
City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula
Vista.
6) Statement of Costs.
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document as a result of the
scope of work required of Consultant, Consultant shall include, or
cause the inclusion, in said report or document a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts
relating to the preparation of the report or document.
7) Insurance
Consultant represents that it and its agents, staff and consultants
employed by it are protected by worker's compensation insurance and
the Consultant has the coverage under public liability and property
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damage insurance policies which this Agreement requires to be
demonstrated in the form of a certificate of insurance.
Consultant will provide, prior to the commencement of the services
required under this agreement the following certificates of insurance to
the City prior to beginning work:
Statutory Worker's Compensation coverage plus $1,000,000 Employers
liability coverage.
General and Automobile Liability coverage to $1,000,000 combined
single limit which names City as an additional insured, and which is
primary to any policy which the City may otherwise carry ("primary
coverage"), and which treats the employees of the City in the same
manner as members of the general public ("cross-liability coverage").
All policies shan be issued by a carrier that has a Best's Rating of "A,
Class V", or better, or shall meet with the approval of the City's Risk
Manager.
An policies shall provide that same may not be canceled without at
least thirty (30) days written notice to the City.
2. Duties of the City:
a. Consultation and Cooperation.
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the work and to provide direction and guidance to accomplish the
work. In addition thereto, City agrees to provide the information, data, items
and materials set forth on Exhibit C, with the further understanding that delay
in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
b. Compensation.
The compensation to be paid by City to Consultant for all of the work required
herein shall be a fixed fee of $9,000.00 ("Fee") payable in monthly progress
payments in an amount that the Director of Planning, or his designee, shall
determine corresponds to the value provided to the City to the date of billing.
Consultant agrees to perform all of the services and deliver the Work Product
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herein required, and in the manner of the detailed Scope of Work set forth on
the attached Exhibit A, and shall incur all associated costs, including
reproduction and printing, secretarial work, telephone charges, travel including
automobile charges, for said Fee.
c. Reductions in Scope of Work.
City may from time to time reduce the Scope of Work by the Consultant to be
performed under this Agreement. City and Consultant agree to meet in good
faith and confer for the purpose of negotiating a corresponding reduction in the
Fee associated with said reduction.
d. Additional Scope of Work.
In addition to performing the Defined Services herein set forth, City may
require Consultant to perform additional consulting services related to the
General Duties and Scope of Work ("Additional Services"), and upon doing so
in writing, Consultant shall perform same on a time and materials basis at the
rates set forth on Exhibit B. All compensation for Additional Services shall be
paid monthly as billed.
3. Administration of Contract:
The City hereby designates the Director of Planning, or his written designee, as its
representative for the review and administration of the work performed by Consultant
herein required.
4. Term:
Consultant shall perform all of the Defined Services herein required of it by not later
than July 1, 1991, and shall abide by and comply with any interim time frames and
milestone dates that are or may be set forth in Exhibit A.
5. Financial Interests of Consultant:
Consultant warrants and represents that neither he, nor his immediate family
members, nor his employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter
of the Project, or in any property within 10 radial miles from the exterior boundaries
of the property which is the subject matter of the Project, or ("Prohibited Interest")
except as listed on an attachment.
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Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that neither Consultant nor his immediate family members, nor his
employees or agents, shall acquire any such Prohibited Interest within the Term of
this Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with Consultant's responsibilities
under this Agreement.
6. Hold Harmless:
Consultant shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agency or employee, subcontractors, or others in
connection with the execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful conduct of the City, its
officers, or employees. Consultant's indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the City, it officers agents, or
employees in defending against such claims, whether the same proceed to judgment or
not. Further, Consultant at its own expense shall, upon written request by the City,
defend any such suit or action brought against the City, its officers, agents, or
employees. Consultants' indemnification of City shall not be limited by any prior or
subsequent declaration by the Consultant.
7. Termination of Agreement for Cause:
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
his/her obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant 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 Consultant shall, at
the option of the City, become the property of the City, and Consultant 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 hereunder, and less any damages
caused City by Consultant's breach.
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8. Errors and Omissions:
In the event that the Director of Planning determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence,
errors, omissions in the plans or contract specifications, Consultant shall reimburse
City for the additional expenses incurred by the City. Nothing herein is intended to
limit City's rights under other provisions of this agreement.
9. Termination of Agreement for Convenience of City:
City may terminate this Agreement at any time and for any reason for giving specific
written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City's sole and exclusive
property. If the Agreement is terminated by City as provided in this paragraph,
Consultant 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. Consultant hereby expressly waives any and all claims for
damages or compensation arising under this Agreement except as set forth herein.
10. Assignability:
The services of Consultant are personal to the City, and Consultant 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 which City
may unreasonable deny.
11. Ownership, Publication, Reproduction and Use of Material:
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 rights by Consultant in the United States or in any other 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 part, any such reports, studies,
data, statistics, forms or other materials or properties produced under this Agreement.
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12. Independent Contractor:
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or
accept Consultant'S work Products). Consultant and any of the Consultant'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, workers compensation
benefits, injury leave or other leave benefits.
13. Responsible Charge:
Consultant hereby designates that John McTighe shall be Consultant's representative
("Project Manager") to the project for the duration of the project. No substitution for
this position shall be allowed without written approval from the City.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City of Chula
Vista and acted upon by the City of Chula Vista in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should that dispute result in litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of the claim, including
costs and attorney's fees.
16. Statement of Costs.
In the event that Consultant prepares a report or document or participates in the
preparation of a report or document as a result of the scope of work required of
Consultant, Consultant shall include, or cause the inclusion, in said report or
document a statement of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
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Signature Page
to
Agreement with
John McTighe and Associates
for Preparation of a Fiscal and Economic Indicators Report
for the Growth Management Oversight Committee
IN WITNESS WHEREOF, City and Consultant have executed this Agreement this
day of , 1991.
CITY OF CHULA VISTA
By:
Leonard M. Moore
Mayor, City of Chula Vista
Attest:
Beverly Authelet,
City Clerk
Approved as to form:
Bruce M. Boogaard,
City Attorney
JOHN McTIGHE AND ASSOCIATES
By:
John J. McTighe
President
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Exhibit A.
Exhibit B.
Exhibit C.
Exhibit List
to
Agreement with
John McTighe and Associates
for Preparation of a Fiscal and Economic Indicators Report
for the Growth Management Oversight Committee
Scope of Services and Schedule
Fee Schedule
Information, data, items and materials to be provided by City of Chula Vista
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Exhibit A
Scope of Services and Schedule
SCOPE OF SERVICES
Part I
John McTighe and Associates will prepare an analysis of the impacts of growth on the City's
fiscal well-being attributed to growth that has been reflected in the changes in the City's
finances between fiscal year 1988-89 and 1989-90. Such analysis will utilize.lltll.!ll1 City
expenditures and revenues for the two fiscal years concerned. Additionally, John McTighe
and Associates will prepare an economic indicators report that compares the change in
economic indicators effecting the City between fiscal year 1988-89 and 1989-90.
The results of the fiscal impact and economic indicators analyses will be summarized in a
written report to be presented to the Growth Management Oversight Committee on May 9,
1991.
Part II
John McTighe and Associates will prepare an analysis of the projected impacts of growth on
the City's fiscal well-being attributed to projected growth over the next 12-18 month period,
and 3-5 year period. Base data to be utilized for this analysis shall be supplied by the City
Planning Department.
The results of the projected fiscal impact analysis will be summarized in a written report to
be presented to the Growth Management Oversight Committee on May 9, 1991.
Part III
In conjunction with the City's Community Development Department, John McTighe and
Associates will prepare a projection of changes in economic indicators over the next 12-18
month period, and 3-5 year period.
The results of the projection of economic indicators will be summarized in a written report to
be presented to the Growth Management Oversight Committee on May 9, 1991.
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SCHEDULE
Part I
The proposed "Scope of Services" for Part 1 will be completed by May 1, 1991, provided
representatives of the City of Chula Vista and its consultants can respond to our requests for
information within three (3) working days of the requests. Any delay in the responses may
cause subsequent delays in the completion of the final report.
Part II
The proposed "Scope of Services" for Part II will be completed by May 1, 1991, provided
representatives of the City of Chula Vista and its consultants can respond to our requests for
information within three (3) working days of the requests. Any delay in the responses may
cause subsequent delays in the completion of the final report.
Part III
The proposed "Scope of Services" for Part III will be completed by May I, 1991, provided
representatives of the City of Chula Vista and its consultants an respond to our request for
information within three (3) working days of the requests. Any delay in the responses may
cause subsequent delays in the completion of the final report.
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Exhibit B
Fee Schedule
PROFESSIONAL FEE SCHEDULE
Principal
Associate
Word Processing
Research Assistant
$110.00 per hour
$ 44.00 - 60.00 per hour
$ 35.00 per hour
$ 25.00 per hour
FEE
Part I
The maximum charges on a time and materials basis for the proposed "Scope of Services"
for Part I is $2,500.00. This estimated charge includes one meeting with the Growth
Management Oversight Committee to present results of our analysis.
Part II
The maximum charges on a time and materials basis for the proposed "Scope of Services"
for Part II is $3,500.00. This estimated charge includes two public meetings, one with the
Planning Commission and one with the City Council to present results of our analysis.
Part III
The maximum charges on a time and materials basis for the proposed "Scope of Services"
for Part III is $2,500.00
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Exhibit C
1. Threshold Standards, 1990
2. Development Forecasts for 1989 and 1990
3. Miscellaneous Economic Studies prepared for City by other consultants
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j , -I B