Loading...
HomeMy WebLinkAbout2000-03-06 City Council (11)City, of Palo Alto HONORABLE CiTY COUNCILTO: FROM:CITY MANAGER DEPARTMENT:ADMINISTRATIVE SERVICES DATE:MARCH 6, 2000 CMR: 148:00 SUBJECT:APPROVAL OF CONTRACT WITH HARRIS AND ASSOCIATES IN THE AMOUNT OF $72,400 FOR CONSULTING SERVICES RELATED TO PARKING STRUCTURE ASSESSMENT AND DOWNTOWN MAINTENANCE TAX DISTRICTS REPORT IN BRIEF On February 7, 2000, the City Council approved the design of two parking structures that will be constructed downtown. Construction of the new structures will be financed by formation of a parking assessment district. In order to establish such a district, staff requires the expertise of an assessment district consultant. On August 9, 1999 Staff recommended and Council approved a contract with the firm of Winzler and Kelly for consulting ser;cices .to form a parking assessment district and a downtown maintenance district. Due to personnel changes, Winzler and Kelly terminated its contract with the City on December 15, 1999. To address critical timing issues in financing construction of the parking structures, staff is requesting approval of a contract with the firm of Harris and Associates as consultants for this project. Harris and Associates submitted a proposal during the 1999 Request for Proposals (RFP) process and was the second contractor of choice. The firm has excellent credentials, offers a competitive-fee and has the extensive experience and skills to guide the City through the complex steps of forming assessment districts under Proposition 218. The scope Of the consultant’s work includes assessment services, software development for administration of the annual assessment and maintenance tax districts, public outreach, and providing assistance to staff with mail balloting procedures for the two districts as required under Proposition 218. CMR: 148:00 Page 1 of 7 RECOMMENDATION Staff recommends that Council: 1)Approve the attached contract for $72,400 with Harris and Associates to provide: a)assessment er~gineering services in order to" begin steps to form a new downtown parking assessment district to fund the construction Of two new parking structures; b)software development services to allow staff to administer an annual assessment calculation; 2) c) d) software development services to .allow staff to administer an improvement tax district to fund augmented maintenance services downtown; mail ballot administration services for the assessment and improvement tax district procedures, including assisting staff with public outreach services directed towards downtown property owners. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with Harris and Associates for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $7,000. BACKGROUND On July 7, 1997, the City Council directed staff to proceed with the necessary steps leading to the construction of up to two parking structures downtown. On January 12, 1998, the Council approved a Budget Amendment Ordinance (BAO) that provided funding for architectural and engineering services for two new downtown parking structures. In addition, staff informed Council (CMR:109:98) that future funding would be required when staff reached the point of needing assessment engineering and balloting services. Funds for this purpose were included in the 1999-00 budget. After significant discussion about the size and mass of the proposed structures, Council approved the design of the two parking structures on February 7, 2000. Based on this decision, staff must work with a consultant to begin the process of establishing a parking assessment district. The passage of Proposition 218 in November, 1996 has made formation of assessment districts more complex. All assessments must be approved by a majority of the affected property owners whose ballots are weighted by each property owner’s proportionate share of the assessment. Proposition 218 also forbids any assessments for "general benefits", i.e., only those "special benefits" affecting property owners can now be assessed. The assessment process requires that a formula be developed for calculating CMR: 148:00 Page 2 of 7 the special benefits, with an allocation of the assessment costs to each property owner based on each property’s proportional benefit received. That formula or methodology is critical to the entire process, and is the. key to compliance with Proposition 218’s special benefit mandates. To meet Proposition 218 requirements and address critical, timing issues in financing construction of the parking structiares, staff requires the services of a consultant with Proposition 218 expertise. In addition to creating a parking assessment district, in response to concerns about the level of downtown maintenance, staff has been working with the Chamber of Commerce to explore ways to finance an augmented downtown maintenance and landscaping program (CMR:221:98). The purpose of the program would be to increase the frequency and expand the area for maintenance services, such as street and sidewalk sweeping, pressure washing, parking lot cleaning and landscaping; and to expand this work beyond University Avenue into the entir( Downtown District. It was agreed that staff would work with the Chamber to provide information to downtown property owners regarding the need to create a maintenance district to fund the property owners’ share of the proposed augmented maintenance program. Ongoing discussions have been held concerning the type of maintenance district that is appropriate for the downtown. While formation of this district could occur around the same time that a downtown parking structure assessment district is formed, it is possible that implementation will come at a later time. On August 9, 1999, staff recommended and Council approved a contract with Winzler and Kelly for consulting service related to the parking structure assessment and downtown maintenance district. On December 15, 1999, however, pursuant to Section 2.3 of the contract between Winzler and Kelly and the City of Palo Alto, Winzler and Kelly formally notified the City of its intent to terminate the contract. Termination resulted from the departure of key personnel. DISCUSSION Staff recommends retaining the services of Harris and Associates as consultants for the parking and maintenance district projects. Harris and Associates submitted a proposal during the RFP process for assessment consulting services. Although Winzler and Kelly was selected as the contractor for this project, Harris and Associates was the City’s second contractor of choice. Harris and Associates has excellent references, offers a competitive fee, and has extensive experience working on Proposition 218 ballot processes, and with City staff on other major projects..Moreover, the Project Manager from Winzler and Kelly that impressed City staff during interviews has subsequently moved to Harris and Associates. The scope of the contract with Harris and Associates includes the development of an assessment methodology, creation of assessment software, the development of assessment rates and a map, and assistance with an election process that will be guided by CMR:148:00 Page 3 of 7 the requirements of Proposition 218. Since Public Works staff has been making considerable progress toward the 50 percent design threshold necessary to formulate timely assessment rates for the parking structures, it is important to craft assessment formulas and an ~assessment software program in the very near future. ¯ , ~ One of the requirements for a successful assessment election is an iterative process involving discussions with downtown property owners about the assessment methodology. The success of an eventual assessment ballot is based on the understanding and acceptance by downtown property owners of the proposed assessment methodology. Property owners will have the financial responsibility for paying the assessment, so their support for the assessment formula is critical. The scope of the contract with Harris and Associates also includes facilitating the formation of a maintenance or improvement district to fund augmented maintenance and landscaping services in the downtown area should Council approve proceeding with this program. This district would have the same boundaries as "the parking assessment district. At this time, the type of maintenance district has not been determined. Once it is decided and Council approves the formation of a maintenance district, staff would work with the consultant to develop the appropriate assessment methodology and election procedures to charge downtown property owners for augmented maintenance services. More specifically, the consultant will develop a sotb~vare program for maintenance services, administer a mail ballot procedure, and assist staff with public outreach services. In summary, the scope of services for Harris and Associates includes the following: 1. Assessment district engineering services: Work under this task includes development of a formula to spread the costs associated with special benefit for the proposed new parking structures to downtown property owners. The consultant will also prepare an assessment district boundary map and an Engineer’s Report. The Engineer’s Report will be submitted to Council for approval when completed. 2.Assessment district and special tax district administration software: This task includes development of a computer program to allow for annual assessment district and special tax district administration by City staff, including spreading the cost of augmented maintenance. CMR: 148:00 Page 4 of 7 3.Special ballot procedure administration and educational outreach: Assuming Council approval of the Engineer’s Report, implementation of a. new parking assessment district, and COuncil approval of formation of a maintenance district, the consultant will work with City staff and the City’s legal and financial consultants to develop a detailed timeline for execi~ting a mail ballot procedure under the requirements of Proposition 218. The balloting procedure Will involve the Clerk’s Office, which will ensure that the balloting is done in a professional manner. The consultant will work with City staff to develop an educational outreach strategy and brochures for each of the proposed financing districts. The consultant will also assist staff in holding.a series of educational meetings with property owners and businesses. Both the meetings and the outreach materials will be objective and factual, and will not take an advocacy tone. Staff will bring back sample outreach materials for Council information once ttie assessment formula is developed and after all design issues are resolved. The consultant will not undertake public outreach efforts, presentations or mailings without direct City staff involvement and supervision. Staff involvement will include representatives from Public Works, Administrative Services, the City Manager’s Office, and the City Clerk’s Office. Mail ballots: This task includes final printing Of all assessment and special tax district ballots, and prbviding assistance with tabulation services during the balloting period and at the required public hearings. This work will not occur until after Council has voted on setting up the new districts and approved outreach materials. The special tax must be a separate mail ballot ,item from the assessment item. The Harris and Associates contract is structured so that if the two measures occur concurrently (the assessment process and the maintenance tax process), the City will realize cost savings over the amount specified in the contract. RESOURCE IMPACT Funding for this contract has been budgeted in the General Fund for 1999-00. If downtown property owners approve a parking assessment and a new downtown maintenance district, funds for these consultant services will be reimbursed to the General Fund. POLICY IMPLICATIONS This recommendation is consistent with current City policy. CMR: 148:00 Page 5 of 7 TIMELINE Provided below is the proposed timeline for the parking assessment district. The formation of the maintenance district may occur, pending Council approval, around _the same time that the parking structure assessment is considered by the property owners. Initial assessment coordination meeting March 2000 1 st draft assessment options Late April Present to Council proposed methodology, Engineer’s Report, materials, and sample mail ballot review and approval assessment educational language, for June 2000through July 2000 Send out educational materials to property owners Run final assessment model with final engineer’s estimate numbers for mail ballot August 2000 August 2000 Mail ballots out Ballots returned by September 2000 October 2000 Tabulate at public hearing Send assessment information to County Mid October 2000 Prior to June 15, 2001 Based on the lengthy process for establishing an assessment, district, a June 15, 2000 county deadline for placing assessments on the county roll cannot be met. The next opportunity for filing assessments will be June 15, 2001. If this deadline is met, the assessments will be placed on the property tax roll and the District will begin receiving assessment payments in December 2001. Provided the property owners approve the assessment, the City does have the option of selling bonds prior to construction, tentatively scheduled for September 2001. In that event, the bonds would have to be structured so that no payments were owed to bondholders until December 2001. This would result in additional interest costs from the date the bonds are sold to the date of bond payments. The City’s financial advisor indicates that this practice (obtaining bond funding before the assessment is on the property tax roll) is not uncommon with assessment district financing. CMR:148:00 Page 6 of 7 ENVIRONMENTAL REVIEW Acquiring an assessment consultant is not a project under the California Environmental Quality Act (CEQA). PREPARED BY:Joyce White, Senior Financial Analyst Joe Saccio, Manager, Investments & D(bt DEPARTMENT HEAD: CAR~YEATS Director, Admini,,Services CITY MANAGER APPROVAL: ’ City Manager ATTACHMENTS:Contract with Harris and Associates CMR:148:00 Page 7 of 7 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND HARRIS & ASSOCIATES FOR CONSULTING SERVICES This Contract No.is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and HARRIS & ASSOCIATES, located at 120 Mason Circle, Concord, California 94520, a California Corporation, Taxpayer ID No.: 94- 2385238("CONSULTANT"). RECITALS: WHEREAS, CITY desires certain consulting services relating to the proposed downtown parking structure assessment and the downtown maintenance special tax ("Services," also sometimes referred to as ~tasks"), as more fully described in Exhibit "A," attached hereto and incorporated herein by reference; and WHEREAS, CITY desires to engage CONSULTANT, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing such Services, and CONSULTANT has offered to provide the Services on the terms and in the manner set forth herein; ¯ NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION I - TERM I.i This Contract shall commence upon the date of its execution and shall continue through completion of the Services. SECTION. 2 - QUALIFICATIONS, CONSULTANT STATUS,AND DUTIES OF 2.1 CONSULTANT represents and warrants that it has the expertise and professional qualifications to furnish.or cause to be furnished the Services. CONSULTANT further represents and warrants that the project director and every individual charged with the performance of the Services under this Contract are duly licensed or certified by the State of California, to the extent such licensing or certification is. required by law to perform the Services. 2.2 In reliance on the representation and warranty set forth in Sectioh 2.1, CITY hires CONSULTANT to perform, and CONSULTANT covenants and agrees that it will furnish or cause to be furnished, the Services. 000225 el 0032269 1 2.3 CONSULTANT will assign.JEFFREY M..COOPER as project director and MARY GRACE PAWSON as the project manager to have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances or conditions subsequent to the execution of this Contgact cause the substitution of the project director for any reason, the appointmen-t of a substitute project director will be subject to the prior Written approval of the CITY’s project man~ger. 2.4 CONSULTANT represents and warrants that it will: 2.4.1.Procure all permits and licenses, pay-all charges and fees, andgive all notices which may be necessary and incident to the due and lawful prosecution of the Services; ~2~4.2 Keep itself fully informed of all existing and Federal, State of California, and local laws, ordinances, tions, orders, and decrees which may affec~ those engaged or employed under this Contract, any materials used in CONSULTANT’s performance under this Contract, or the performance of the Services; 2.4.3 At all times observe and comply with, and cause its employees and contractors (and consultants), if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 2.4.4 Will report immediately~to the CITY’s project manager, in writing, any discrepancy or ~nconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications or provisions of this Contract. 2.5 Any’ reports, information, data or other material given to, or prepared or assembled by, CONSULTANT or its contractors, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its contractors, if any, without the prior written approval of the city manager. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict CONSULTANT from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for CONSULTANT to defend itself for any suit or claim. CITY agrees, to the fullest extent permitted by law, to indemnify and hold CONSULTANT harmless from aqy claim, liability or cost (including reasonable attorney’s fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of the documents by CITY or any person or entity that acquires or obtains the documents from or through the CITY without written 000225 el 0032269 2 authorization of CONSULTANT. CONSULTANT shall be allowed to retain copies of all documents prepared under this Agreement. 2.6 CONSULTANT will provide CITY with ten (i0) cepie~ of each report, if any, which may be re~uire~ under this Contract, upon completion and acceptance of each repogt by CITY. 2.7 If CITY requests additional copies of reports, drawings, specifications or any other material which CONSULTANT is required to furnish in limited quantities in the performance of the Services, CONSULTANT will provide such additional copies and CITY will compensate CONSULTANT for its duplication costs. 2.8 CONSULTANT will be responsible for employing or engaging all persons necessary to perform the Services. Al! contractors of CONSULTANT will be deemed to be directly controlled and supervised by CONSULTANT, which will be responsible for their performance. If any employee or contractor of CONSULTANT fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or contractor will be discharged immediately from further performance under this Contract on demand of the CITY’s project manager. SECTION 3 -DUTIES OF CITY 3.1 CITY will furnish or cause to be furnished the specified services set forth in Exhibit "A" and such other information regarding its requirements as may be reasonably requested by CONSULTANT. 3.2 The city manager will represent CITY for all purposes under this Contract. JOE SACCIO is designated as the CITY’s project manager for the city manager. Mr. SACCIO will be assisted by JOYCE WHITE. The CITY’s project manager will supervise the performance, progress, and execution of the Services. 3.3 If CITY observes or otherwise becomes aware of any default in the performance of CONSULTANT, CITY will use reasonable efforts to give written notice thereof to CONSULTANT in a timely manner. SECTION 4 -COMPENSATION 4.1 In consideration of the full performance of the Services by CONSULTANT, CITY will pay CONSULTANT a total amount not to exceed Fifty-eight thousand nine hundred Dollars ($58,900). Payment for work performed hereunder will be made to CONSULTANT on receipt of CONSULTANT’s invoice, submitted no more often than monthly, based on work tasks performed, as shown on Exhibit ~B", attached hereto and incorporated herein by reference. The amount 000225 el 0032269 3 set forth in this section may be reduced as provided in Exhibit "B". 4.2 In addition to the compensation described i~ Paragraph 4.1, CITY will reimburse CONSULTANT for its direct out- of-pocket expenses for items related to ball6ting, such as design, layout, recording fees, printing, envelopes, and postage. Reimbursement will be made based on receipt of CONSULTANT’s invoice, with appropriate documentation. The total amount of reimbursement payable to CONSULTANT under this agreement shall not exceed Ten thousand Dollars ($i0,000). 4.3 CITY may in writing request CONSULTANT to perform Addikional Services. In consideration of the full performance of such additional services, if any, CITY will pay CONSULTANT for services rendered at the hourly rates shown in Exhibit "B-I". The project manager and the project director shall, upon mutual written agreement, have the authority to increase the amount of compensation payable under this Contract by the total amount of Ten Thousand Dollars ($I0,000). SECTION 5 -AUDITS 5.1 CONSULTANT will permit CITY to audit, at’~any reasonable time during the term of this Contract and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Contract. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after, the expiration or earlier termination of this Contract. SECTION 6 -INDEMNITY 6.1 CONSULTANT agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONSULTANT’s, its officers’, agents’, subcontractors’ or employees’ negligent acts, errors, or omissions~ or willful misconduct, or conduct for which applicable law may impose strict liability on CONSULTANT in the performance of or failure to perform its obligations under this Contract. SECTION 7 -WAIVERS. 7.1 The waiver by either party of any breach or violation of any covenant, term, condition or p~ovision of this Contract, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, 000225 el 0032269 4 provision, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder will not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, condition or provision o~ this Contract or of any applicable law or o~dinance. 7.2 No payment, partial payment, acceptance, orpartial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 8 -INSURANCE 8.1 CONSULTANT, at its ~sole cost and expense, will obtain and maintain, in full force and effect during the term of this ~Contract, the insurance coverage described in Exhibit "B", insuring not only CONSULTANT and its contractors, if any, but also, with the exception of workers’ compensation, emp$oyer’s liability, and professional liability insurance, naming CITY as an additional insured concerning CONSULTANT’s performance~under this Contract. 8.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A-:VII or higher which are admitted to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this Contract, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 8.3 Certificates of such insurance, using standard ACORD forms, will be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled or altered by the insurer except after filing with CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professional liability insurance. Current certificates of such insurance will be kept on file at all times durin~ the term of this Contract with the city-clerk. 8.4 The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or !oss arising after the Contract is terminated or the term has expired. 000225 cl 0032269 5 SECTION 9 -WORKERS’ COMPENSATION 9.1 CONSULTANT, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the Stat~ of California which require every empl6yerto be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it will comply with such provisions, as applicable, before commencing the performance of the Services. SECTION i0 - SERVICES TERMINATION OR SUSPENSION OF CONTRACT OR I0.i The city manager may suspend the performance of the Services, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of "the Services. 10.2 CONSULTANT may terminate this Contract or suspend its performance of the Services by giving thirty (30) days’ prior written notice thereof to CITY but only in the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of the Services to be performed. 10.3 Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services actually rendered to CITY on or before the effective -date of suspension, or termination; provided, however, if this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of the Services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager acting in the reasonable exercise of her discretion.. 10.4 Upon such suspension or termination, CONSULTANT will deliver to the city manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Contract. Such materials will become the property of CITY. 10.5 The failure of CITY to agree with CONSULTANT’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONSULTANT to fulfill its obligations under this Contract. 000~25 el 0032269 6 SECTION ii -ASSIGNMENT ii.i This Contract is for the personal services of CONSULTANT, therefore, CONSULTANT will not assign, tran~fer~ convey, or otherwise dispose of this CohtraCt or any right, title or interest in or to the same or any part the£eof without the prior written consent of CITY. A consent to one assignment wilt not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 12 -NOTICES 12.1 All notices hereunder will be given in writing and mailed, postage prepaid, by ~ertified mail, addressed as follows: To CITY:Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 13 -CONFLICT OF INTEREST 13.1 In accepting this Contract, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 13.2 ~CONSULTANT further covenants that, in the performance of this Contract, it will not employ any contractor or person having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Contract is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. SECTION 14 -NONDISCRIMINATION 14.1 As set forth in the Palo Alto Municipal Code, no discrimination will be made in the employment of any person under this Contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of that person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to 000225 el 0032269 7 nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D". 14.2 CONSULTANT agrees thai each contract for sergice~ with an independent provider will contaih a ~rovision substantially as follows: "[Name of Provider] will provide CONSULTANT with a certificate stating that [Name of Provider] is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any. person under this contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person." 14.3 If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it will be in default of this Contract. Thereupon, CITY will have the power to cancel or suspend this Cont.ract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to acts of discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 15 -MISCELLANEOUS PROVISIONS 15.1 CONSULTANT represents and warrants that it has knowledge of the requirements of the Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONSULTANT will comply with or ensure by its advice that compliance with such provisions will be effected in the performance of this Contract. 15.2 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 15.3 In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 000225 el 0032269 8 15.4 The prevailing party in any action brought to enforce the provisions of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. ~ 15.5 This document represents the entire and integrated agreement between the parties and supersedes all prior ~egotia- tions, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 15.6 All provisions of this Contract, whether covenants or conditions~ will be deemed to be both covenants and conditions. 15.7 The covenants, terms, conditions and provisions of this contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and contractors, as the case may be, of the parties. 15.8 If a court of competent jurisdiction finds or rules that any provision of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 15.9 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. 15.10 This .Contra~t may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. 15.11 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract wil! terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 15.11 shall take precedence in the event of a conflict with any other covenant, term,condition,or provision of this Contract. // // // // 000225 cl 0032269 9 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Administrative Services Director of Public Works Risk Manager KARRIS & ASSOCIATES, a California Corporation Name : Title: ~ ~{[~ By: Name: Taxpayer Identification No.~ 94-2385238 Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT.,,C,,: EXHIBIT "D": (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) SCOPE OF PROJECT &TIME SCHEDULE RATE SCHEDULE INSURANCE NONDISCRIMINATION COMPLIANCE FORM 000225 el 0032269 10 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code ~ 1189) On ~[~ I ,20~__, before me, ~[|~ f~rrI~ , a Notary Public in and for said County and State, personally appeared ~~i~.f~ ~ ~~ ~ , personally known to me ~ ~e o~ [he b~sis Of s~tisf~~%_~ to be the person~ whose name~ -i~/Osubscribed to the within instrument and acknowledged to me that ~4~e/~ executed the same in ¯ £~r/~authorized capacity~, and that by~ri~s~4~gr~ signature~@J on the instrument the person~, or the entity upon ¯ behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public VALERIE HARRIS Z NOTARY PUBLIC - CALIF.[’} COUNTY OF CONTRA COSTA ~3My Comrn, Exp. June 30, 2000 000225 cl 0032269 1 1 EXHIBIT A SCOPE OF WORK The scope of work described below assumes that separate public hearings, balloting and public outreach efforts will occur for the proposed parking assessment and tile proposed downtown maintenance special tax. If those two efforts occur simultaneously, the costs associated with this scope of work will be reduced by $5,000. A decision by the City to combine or stagger the two processes will occur after 1-2 of the initial meetings with Consultant. Work under this scope will include supervising the author of the assessment administr~tLo~, _ program, Robert Goldman, who will be working as a subconsultant for Harris & Associates and coordination with the City’s Geographic Information System. Mr. Goldman’s role will be to provide background to the Consultant on the current parking assessments’ methodology and to interface with City staff to ehsure software compatibility with City systems. Project Manager for Harris & Associates shall be Mary Grace Pawson Task A1 Assessment District Engineering-Proposed Downtown Parking Structure Assessment District: Work under this task includes development of the formula of benefit for the proposed new assessment district and preparation of the Boundary Map, Assessment Diagram and Engineer’s Report. Task A1.1 Assessment Methodology Consultant will prepare a Preliminary Technical Memorandum on assessment methodology for review by the City and its outside legal and financial consultants. This initial document will present options for developing a formula of benefit and calculating the annual assessments; the options evaluated will include "actual usage". The Technical Memorandum will present ’ advantages and disadvantages Of each of the proposed options. The final formula of benefit will be based on the City’s review comments. Meetings: Allow two (2) meetings with City Staff and legal and financial consultants. Scope includes Mr. Goldman’s attendance at meetings Task A1.2 Mapping Consultant will develop the Boundary Map and Assessment Diagram, based on the existing University Avenue Parking Assessment District. Mapping will be prepared in AutoCAD R. 14.0. Map layering will be coordinated with City’s Department of Public Works for integration with the Geographic Information System. Meetings: Allow one (1) meeting with City Public Works staff. CAPalo Alto Parking Structure~Exhibit A.doc 1 Task A1.3 Engineer’s Report Consultant will develop an Administrative Draft of the Engineer’s Report for reviewby the City’s financing team and finalize the Engineer’s Report based on comments received. Consultant’s scope also includes making final changes to the Engineer’s Report based on final project cost information and concerns raised at the public hearing. Meetings: Allow one (1) meeting with City Staff and outside legal and financial consultants. Scope includes Mr. Goldman’s attendance at meetings. Task A 1.4 Recordings Consultant shall coordinate all recordings of the Assessment District documents (Boundary Map, Engineer’s Report, Assessment Diagram and Notice of Assessment) associated with the Downtown Parking Structures. Consultant shall coordinate with City to provide mailing information for Notices of Cash Payment Period as requested by City. Consultant shall also record all Special Tax District documents, if the special tax passes concurrently with this assessment. Deliverables Under Task A1 include one (1) Technical Memorandum, Boundary Map, Assessment Diagram, Administrative Draft of the Engineer’s Report, Final Engineer’s Report and Notice of Assessment. Additional meetings will be billable at the hourly rates listed in Exhibit B-Fee Schedule & Breakdown. Task B1 Assessment District Administration Software in PC Format: This task includes development of a computer database that will allow for computation of assessments and administration of the initial assessment process, and which can be used for annual assessments. The database will be coordinated with City’s ongoing upgrade of its assessment administration software to provide ease of transition between the new Assessment District and the City’s ongoing assessment district administration activities. Task B 1.1 Initial Data Collection Consultant will coordinate with City staff and the County Assessor and Recorder to bring forward existing information on the property within the District. Work will also include the initial field surveys to verify lot size, occupancy, etc. Harris & Associates shall provide a PC database that will be compatible with the City’s revised parking assessment program, in one or both of the following formats: o:. Microsoft Access 97 ¯ :. Microsoft Visual FoxPro 6.0 Both of these formats are Year 2000 compliant C:~Palo Alto Parking StructurekExhibit A.doc "2 Assessment and tax formats, with table for costs, will be separate from the parcel database. Documentation will be provided to allow City staff to perform the required database functions., Task B 1.2 Coordination with Update of Assessment Administration Software Consultant will coordinate its work with the ongoing update of the City’s Assessment Administration Software, deyeloped by others. Work under this task allows for up to twenty-four (24) hours of coordination work and three (3) meetings with City’s Public Works Staff and outside A~sessment Administration Consultants. Task B 1-3 Coordination with City’s Geographic Information System (GIS) Consultant will help City link the assessment database with City’s GIS system. This task’ includes up to sixteen (16) hours of coordination work and two (2) meetings’with City’s Public Works and Planning staff and outside GIS programming consultant. Task B 1-4 Coordination with Califomia Avenue GIS conversion Consultant will assist City in linking the California Avenue Assessment District with the City’s GIS system. This task includes up to forty (40) hours of coordination work. Meetings will be combined with Task B 1-3 above. Meetings: Scope includes (5) meetings with Mr. Goldman in attendance at (3) meetings. Deliverables: Preliminary and Final Database with Documentation and GIS link Task C Special Ballot Procedure, Educational Outreach and Administration: Task C1 Outreach Strategy and Schedule: Consultant will work with the City and its legal and financial consultants to develop a detailed timeline for the balloting and public outreach process for each of the proposed financing districts. Consultant will prepare a Technical Memorandum on public outreach that will include potential outreach activities and proposed strategies for the outreach and for the balloting period. This task includes one meeting with City staff and its legal and financial consultants on the advantages and disadvantages of combining the two ballot processes. Consultant will subsequently summarize this discussion with an options memo. This task also includes two meetings with City staff and representatives of the downtown business community and Chamber of Commerce in order to get input on the most effective strategy for the City to use. Meetings: Scope includes (3) meetings. C:kPalo Alto Parking Structure~Exhibit A.doc 3 Deliverables: Detailed Timelines, Technical Memorandum on Outreach Strategy and Schedule Task C2 Outreach Material ¯Consultant will develop mock-ups of the proposed Information Material. This task includes two - (2) City coordination meetings. Meetings: Scope includes (2) meetings. Deliverables: Preliminary Informational Material Design Task D1 Informational Material & Ballot-Printing for the Assessment District Task D 1-1: This task includes final printing and mailing of all assessment district ballots and public information brochures and assistance during the balloting period and at the public hearing. The final documents will be based on the City’s input received during Task ~. This scope allows for (2) two City coordination meetings, (2) two public workshops and attendance at (2) two City Council Meetings (one when the Preliminary Engineer’s Report is adopted and one at the Public Hearing where ballots are tabulated). Consultant will also assist the City in tabulating the ballots and verifying the final results. Meetings: Scope includes (6) six meetings. Task D2 Informational Material & Ballot-Printing for the Special Tax District Task D2-1: This task includes final printing and mailing of all special tax district ballots and public information brochures and assistance during the balloting period and at the public hearing. The final documents will be based on the City’s input received during Task C. This scope allows for (2) two City coordination meetings, (2) two public workshops and attendance at (2) two City Council Meetings (one when the Preliminary Engineer’s Report is adopted and one at the Public Hearing where ballots are tabulated). Consultant will also assist the City in tabulating the ballots and verifying the final results. Meetings: Scope includes (6) six meetings. C:~Palo Alto Parking StructurekExhibit A.doc 4 ¯ EXHIBIT B FEE SCHEDULE Fees for the above services are detailed below, and total $58,900 plus expenses not to exceed $10,000 for design, printing and layout expenses. Expenses to be supported by original invoices. Progress payments will be made every thirty days, not to exceed the- amounts described below. Task A1 Assessment District Engineering:$18,500 Lump Sum $5,000 will be due and payable upon receipt and acceptance of final Technical Memorandum on Assessment Methodology. $10,900 will be due and payable upon completion of the Boundary Map, Assessment Diagram, and Engineer’s Report. Remaining fee will be due and payable upon completion of recordings Task B1 Assessment District Administration Software in PC Format:$17,000 Lump Sum (Includes Mr. Robert Goldman as a subconsultant) $7,000 due and payable upon delivery of preliminary and acceptance of updated, conformed assessment roll. $5,000 due and payable upon delivery of Visual Basic algorithm for new assessment formula Remaining fee due and payable upon completion of GIS coordination Task C Special Ballot Procedure, Educational Outreach And Administration:$7,800 Lump Sum $3,0000 due and payable upon receipt and acceptance of Detailed Timeline and Technical Memorandum on Outreach Strategy, Remaining fee due and payable upon receipt and acceptance of Preliminary Informational Material Design CAPalo Alto Parking StmcturekExhibit B.doc 1 Task D1 Informational Material and Ballot-Printing and mailing, and tabulation services for the Assessment District $7,800 (plus Expenses)* (Design and printing expenses, to be supported by invoice~,, not to exceed $5,000): $2,000 will be due and payable upon successful delivery of brochures to City for maili~ag. $2,000 will be due and payable upon successful delivery of ballots to City for mailing. $3,800 will be due and payable after public hearing and ballot tabulation. Tdsk D2 Informational Material and Ballot-Printing and mailing, and tabulation services for the Special Tax District $7,800 (plus Expenses)* (Design and printing expenses, to be supported by invoices, not t0 exceed $5,000): $2,000 will be due and payable upon successful delivery of brochures to City for mailing. $2,000 will be due and payable upon successful delivery of ballots to City for mailing. $3,800 will be due and payable after public hearing and ballot tabulation. If the two procedures (Assessment District and Maintenance District) occur concurrently, the costs associated with tasks D-1 and D-2 will be reduced by $5,000. That is, in this case the total owed for Tasks D-! and D-2 will be $10,600 plus layout and printing expenses. C:~Palo Alto Parking StructurekExhibit B.doc 2 PART III FORM 410 PROJECT TITLE:CONSULTATION SERVICES FOR .DOWNTOWN ASSESSMENT AND SPECIAL MAINTENANCE TAX DISTRICTS, EDUCATJONAL OUTREACH, AND BALLOT PROCEDURES Certification. of Nondiscrimination: As suppliers of goods or services to the City of Pa’lo Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. Firm:’ Harris & Associates, Inc.DATE: 3/I/99 Title 0fOfl~cer Signing:. Human Resources Manager / Associate RFP NO. 113258 PART III Page 9 of 11