2006/03/14 City Council Resolution (12)RESOLUTION NO. 2006 - 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT FOR SERVICES WITH
ECONOMIC & PLANNING SYSTEMS, INC. ( "EPS") FOR UPDATE TO
WORKFORCE HOUSING LINKAGE FEE STUDY AND AFFORDABLE HOUSING
STUDY AT SONOMA GROVE
WHEREAS, on January 24, 2006, the City Council directed staff to pursue a contract with
EPS to perform an update to the 2001 Sonoma. County workforce Housing Linkage Fee Study to
determine whether or not a Linkage Fee could be justified within Rohnert Park and directed staff to
return to the Council with the updated study and recommendations; and
WHEREAS, On January 31, 2006, the City Council held a special meeting to consider issues
at Sonoma Grove and directed staff to obtain a proposal for the preparation of an affordable housing
study at Sonoma Grove to determine whether or not the rising rents at Sonoma Grove pose a risk to
the community of losing affordable housing; and
WHEREAS, the City desires to contract with a firm to provide the requested studies; and
WHEREAS, EPS is a qualified and experienced firm which has the ability to perform the
Workforce Housing Study Update as well as the Sonoma Grove affordable housing study.
NOW BE IT RESOLVED by the City Council of the City of Rohnert Park that it does
hereby authorize and approve an agreement by and between EPS and the City of Rohnert Park to
prepare the requested study; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute the attached Agreement in substantially similar form, negotiate future changes to the
Agreement, and execute any future Amendments necessitated by those changes.
DULY AND REGULARLY ADOPTED this 14`i' day of March, 2006,
ATTEST:
BREEZE: NO FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: NO SMITH: AYE
AYES: (3) NOES: (2) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into this 14th day of March, 2006, by and between the
City of Rohnert Park, hereinafter referred to as the "City," and Economic & Planning Systems,
hereinafter referred to as the "Consultant."
WHEREAS, the City desires to obtain an update (the "Update) of the Sonoma County
Workforce Housing Linkage Fees Study which was prepared for the Associated Cities and County
of Sonoma in December of 2001 (the "Study"), to be specific to the current conditions of Rohnert
Park; and
WHEREAS, the City desires to perform a study regarding the rising rents at Sonoma Grove
Recreational Vehicle Park; and
WHEREAS, the Consultant prepared the original Study and is qualified and experienced
gnd has demonstrated the ability to perform the Update of the Study, in an accurate and timely
manner; and
WHEREAS, the Consultant is qualified and experienced and has demonstrated the ability to
perform an affordable housing study regarding the rising reins at Sonoma Grove Recreational
Vehicle Park
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
1. SCOPE OF WORK. Consultant shall perform those services described as the Scope
of Services attached as Exhibit "A" within the time frames stated therein.
2. COORDINATION. Consultant shall assign Walter Kieser to personally participate
in said project and to coordinate the activities of the Consultant.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses at the rate set forth under the Letter of Proposal and Work Program attached as Exhibit
"A" to the respective approved proposal, with the total sum not to exceed $10,000. Progress
payments will be tied to completion of tasks so all payments are proportional to the work
completed.
B, Conswiant shall submit an invoice for work per ..rrmed. City shall make any
payment due within thirty (30) days after approval of the invoice by City.
C. Payments due and payable to Consultant for current services are within the
current budget and within an available, unexhausted and unencumbered appropriation of the City. In
the event the City has not appropriated sufficient funds for payment of Consultant services beyond
the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of
the current fiscal year; payment for additional work is conditional upon future City appropriation.
4. TERM. The term of this Agreement shall be from the date of its execution until the
completion of the work contemplated by this Agreement and its final acceptance by City unless
terminated earlier as provided herein.
5. NOTICES. All notices, bills, and payments shall be made in writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed
as follows:
TO CITY: HOUSING & REDEVELOPMENT
CITY OF ROHNERT PARK
6750 COMMERCE BOULEVARD
ROHNERT PARK, CA 94928 -2486
ATTN: CAS ELLENA
TO CONSULTANT: ECONOMIC & PLANNING SYSTEMS
2501 NINTH STREET, SUITE 200
BERKELEY, CA, 94710 -2515
ATTN: WALTER KIESER
and when so addressed, shall be deemed given upon deposit in the United States mail,
postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the
time of actual delivery. Changes may be made in the names and addresses of the person to
whom notices, bills and payments are to be given by giving notice pursuant to this Paragraph.
6. A_MFNDiVI� OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work of any approved proposal within the Agreement by written notification to the
Consultant. In such event, the compensation and time of performance shall be subject to
renegotiation upon written demand of either party to the Agreement. Failure of the Consultant to
secure City's written authorization for extra or changed work shall constitute a waiver of any. and all
right to adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc. for work done without the appropriate City authorization-
7. CITY'S RIGHT TO TERMINATE/SUSPEND CONTRACT. At any time and for
any or no reason, City shall have the right to terminate this Agreement, take possession of the
Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as
they are complete and acceptable to the City, and pay the Consultant such equitable proportion of
the total remuneration as the work satisfactorily done by the Consultant at the time of such
discontinuance bears to the whole ofthe work required to be done by the Consultant under the terms
of this Agreement.
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8. CORRECTIQN pF WQRK. The performance of services or acceptance of
information furnished by Consultant shall not relieve the Consultant from obligation to correct any
defective, inaccurate or incomplete work subsequently discovered and all such work shall be
remedied by the Consultant on demand without cost to the City.
9. DAYS AND EXTENSIONS. The Consultant will be granted time extensions for
delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or
as otherwise agreed upon between the Consultant and the City. In such event, compensation as set
forth in the Scope of Work shall be subject to renegotiation upon written demand of either party to
the Agreement.
10, RECMS QF FERFQRMANCE. Consultant shall maintain adequate records of
contract performance costs, expenses, etc., and make these records available for inspection, audit,
and copying by the City during the agreement period and for a period of three (3) years from the
date of final payment.
11. SURCQNTRACTINQ None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with Government Code
Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and
dollars amounts of all contracts and subcontracts relating to preparation of the report.
12. ASSIGNMENT, The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
13. INDEmNIFICATIQN. To the full extent permitted by law, Consultant shall
indemnify, hold harmless, release and defend the City of Rohnert Park, the City, their officers,
employees and agents from and against any and all actions, claims, demands, damages, disability,
losses, expenses including attorney's fees and other defense costs and liabilities of any nature that
may be asserted by any person or entity including Consultant, arising out of Consultant's negligent
performance of services hereunder, including the activities of other persons employed or utilized by
Consultant in the performance of this Agreement (including design defects and regardless of City's
approval, use or acceptance of the work or work product hereunder) excepting liabilities due to the
negligence or willful misconduct of City. This indemnification obligation is not limited in any way
by any limitation on the amount or type of damages or compensation payable by or for Consultant
under Worker's Compensation, disability or other employee benefit acts or the terms, applicability
or limitations of any insurance held or provided by Consultant and shall continue to bind the parties
after termination/completion of this Agreement.
14. INSURANCE. Without limiting Consultant's indemnification provided herein,
Consultant shall take out and maintain, throughout the period of this Agreement, the following
policies of insurance placed with insurers with a current A.M. Bests rating of no less than ANII or
its equivalent against injury/death to persons or damage to property which may arise from or in
connection with the activities hereunder of Consultant, its agents, employees or subcontractors:
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A. Compehensive or Commercial General Liabiliq Insurance at least as broad
as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001),
in an amount of $1,000,000.00 per occurrence. If work involves explosive, underground or collapse
risks, XCU must be included. If a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project or the general aggregate shall be twice the required occurrence
limit. Said policy shall contain, or be endorsed with, the following provisions:
(1) The City its officers, employees and agents, are covered as insureds for liability
arising out of the operations performed by or on behalf of Consultant. The coverage shall contain
no special limitations on the scope of protection afforded to the City, its officers, agents and
employees.
(2) The policy shall not be canceled or materially reduced in coverage without thirty
(3 0) days prior written notice (10 days for non - payment of premium) to City by certified mail.
(3) The inclusion of more than one insured shall not operate to impair the rights of
one insured against another insured, and the coverage afforded shall apply as though separate
policies had been issued to each insured, but the inclusion of more than one insured shall not operate
to increase the limits of the insurer's liability.
(4) For claims related to this project, the Consultant's insurance is primary coverage
to the City, and any insurance or self- insurance programs maintained by the City is excess to
Consultant's insurance and will not be called upon to contribute with it.
(5) Any failure to comply with reporting or other provisions of the parties, including
breach of warranties, shall not affect coverage provided to the City its officers, employees and
agents.
B. Automobile liability insurance with coverage at least as broad as ISO Form
numbers CA 000106 92, Code 1(any auto), for vehicles used in the performance of this Agreement
with minimum coverage of not less than $1,000,000 per accident combined single limit (CSL).
Such policy shall contain or be endorsed with the provision that coverage shall not be canceled or
materially reduced in coverage without thirty (30) days prior written notice (10 days for non-
payment of premium) to City by certified mail.
C. Worker's Compensation insurance meeting statutory limits of Labor Code which
policy shall contain or be endorsed to contain a waiver of subrogation against City, its officers,
agents, and employees and provide for thirty (30) days prior written notice to City in the event of
cancellation. If Consultant has no employees, Consultant may sign and file the following
certification in lieu of insurance:
'7 am aware of the provisions of California Labor Code Section 3700
which requires every employer to be insured against liability for
workers` compensation or to undertake self - insurance in accordance
with the provisions of that code, and I ' will comply with the
provisions of that code before commencing with and during the
performance of the work of this contract. Of
D. Consultan. shall furnish City with certificates a4.- original endorsements
effecting the required coverage prior to execution of this Agreement by City. The endorsements
shall be on forms provided by City or as approved by City Attorney. Any deductible or self - insured
retention over $100,000.00 shall be disclosed to and approved by City. If Consultant does not keep
all required insurance policies in full force and effect, City may, in addition to other remedies under
this Agreement, take out the necessary insurance, and Consultant agrees to pay the cost of said
insurance.
15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a
material inducement to entering into this Agreement. Consultant agrees to use reasonable care and
diligence in rendering services under this Agreement. Consultant agrees that the acceptance of his
work by City shall not operate as a waiver or release of said obligation of Consultant. The absence,
omission, or failure to include in this Agreement, items which are normally considered to be a part
of generally accepted professional procedure or which involve professional judgment shall not be
used as a basis for submission of inadequate work or incomplete performance.
16. COVENAM AGAINST CONTINGENT FEES. The Consultant warrants that he
has not employed or retained any company or person, other than a bona fide employee working for
the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, City, percentage, brokerage fee, gift,
or any other consideration, contingent upon or resulting from the award or making this Agreement.
For breach or violation of this warranty, the City shall have the right to annul this Agreement
without liability, or, in its discretion to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such fee, City, percentage, brokerage fee, gift, or contingent
fee.
17. CQNRACT OF INTEREST. Consultant covenants that it presently has no interest
and shall, not acquire any interest, direct or indirect, which would conflict in any manner or degree
with the performance of its services hereunder. Consultant further covenants that in the
performance of this Agreement, no person having any such interest shall be employed.
18. ST OF ECONOMIC RgHREST. If City determines Consultant comes
within the definition of Consultant under the Political Reform Act (Government Code §87100),
Consultant shall complete and file and shall require any other person doing work under this
Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of
Rohnert Park disclosing Consultant and/or such other person's financial interests.
19. M] f tGE This Agreement shall constitute the entire Agreement between the
parties and shall supersede any previous agreements, whether verbal or written, concerning the same
subject matter. No modification of this Agreement shall be effective unless and until evidence by a
writing is signed by both parties.
20. DE AU T. If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the terms of this
Agreement, City may terminate this Agreement by giving Consultant written notice of such
termination, stating the reason for such termination. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an
amount which bears the same ratio to the total fees specified in the agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
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performed for such total few, provided, however, that the City shall u"duct from such amount the
amount of damage, if any, sustained by City by virtue of the breach of the Agreement by
Consultant.
21. NO WAIVER OF BREACH- TRvIE. The waiver by City of any breach of any term
or promise contained in this Agreement shall not be deemed to be a waiver of such term or
provision or any subsequent breach of the same or any other term or promise contained in this
Agreement. Time is of the essence in carrying out the duties hereunder.
22. THIRD PARTY BENEFI IARIES. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
23. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the Event either party
brings an action or proceeding for damages arising out of the other's performance under this
Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to
recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such
action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted
according to California law, and any action to enforce the terms of this Agreement or for the breach
thereof shall be brought and tried in the County of Sonoma.
24. INDEPENDENT CONTRACTOR The parties intend that Consultant, in
performing the services specified herein, shall act as an independent contractor and shall have
control of the work and the manner in which it is performed. Consultant is not to be considered an
agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus
or similar benefits City provides its employees. In the event City exercises its right to terminate this
Agreement, Consultant expressly agrees that he/she shall have no recourse nor right of appeal under
rules, regulations, ordinances or laws applicable to employees.
25. JAMS. Consultant agrees to file tax returns and pay all applicable taxes on
amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes
and other obligations, including, but not limited to, state and federal income and FICA taxes.
Consultant agrees to indemnify and hold the City and City harmless from any liability which it may
incur to the United States for to the State of California as a consequence of Consultant's failure to
pay, when due, all such taxes and obligations.
26. EMIT. M ENT PRACTICES. Consultant shall. not discriminate in its
performance under the Agreement either directly or indirectly on the grounds of race, color,
religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall
take affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, sex, age, national origin, or other prohibited
grounds.
27. COMPLIAmE m LAW. Consultant shall comply with all applicable federal,
state and local laws, rules and regulations affecting the Consultant and his/her work hereunder.
Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications
and approvals of whatsoever nature which are legally required for Consultant to practice
Consultant's profession and to _j the work hereunder. Consultant repre, As and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required for Consultant to
practice his/her profession and do the work contemplated by this Agreement.
28. TU E TO DQCLTMMS.. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in the City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed written
consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared
or obtained under the Agreement shall be made available, upon request, to the City without
restriction or limitations on their use. Consultant may retain copies of the above - described
information but agrees not to disclose or discuss any information gathered, discussed or generated in
any way through this Agreement without the written permission of City during the term of this
Agreement or until ninety (90) days after receipt of final payment from City.
29. INTER UTATION. Notwithstanding the fact that one or more provisions of this
Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be
interpreted as though they were a product of a joint drafting effort and no provisions shall be
interpreted against a party on the ground that said party was solely or primarily responsible for
drafting the language to be interpreted.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
THE CITY OF ROHNERT PARK:
By:
Stephen R. Donley, City Manager (Dare)
Per Resolution No. 2006- 79 adopted by
the City Council on March 14, 2006.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT:
ECONOMIC ,& PLANNING SYSTEMS, INC.
Lo
Walter Kieser, Managing Principal {Dote)
EXHIBIT "A"
Economic. "
Planning Systems
Public Finance
Real Estate Economics
Regional Econarnics
Land Use Policy
February 23, 2006
Cas Ellena
Housing & Redevelopment Project Manager
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, California 94928
Subject: Transmittal of Proposed Commercial Linkage Fee Work; EPS #16026
Dear Cas:
At your request we have prepared a work program to assist the City of Rohnert Park
with its consideration of a commercial linkage fee ordinance. This work program is
attached as Attachment A. This technical support effort is limited to applying the logic
set forth in the Sonoma County Workforce Housing Linkage Fee Study (December 2001) to
local conditions in Rohnert Park and future commercial development and providing
other assistance to staff as it assembles the necessary information for consideration by
the City Council.
As a limited effort, we have established a budget, to be billed on an hourly rates not to
exceed basis, of $7,500. This budget will accommodate a meeting with staff to discuss
the effort and being present at a single City Council meeting where the matter is heard.
A precise schedule can be set at the time the contract is established; however, given the
limited scope of the effort, completion during the next 30 days should be possible. We
are happy to advise the City regarding other issues along the way (e.g. Sonoma Grove);
we have added a task to address this matter in a collaborative effort with City staff. If
you choose to have us help with this matter I think an additional $2,500 will be adequate
also to be billed on an "hourly rates not to exceed" basis.
Please let us know if any changes or additions are in order. If the work program is
sufficient we can complete contract details. We look forward to assisting the City of
Rohnert Park in this important effort to expand affordable housing.
Sincerely,
ECONOMIC & PLANNING SYSTEMS, INC.
Walter F. Kieser
Managing Principal
B E R K E L E Y S A C R A M E N T O D E N V E R
2501 Ninth Street, Suite 200 phone: 510-841-9190 phone: 916- 649 -8010 phone: 303- 623 -3557
Berkeley, CA 94710 -2515 fax: 510 -841 -9208 fax: 916 -649 -2070 fax: 303 - 623 -9049
www.epsys.conr
Attachment A
February 22, 2006
PROPOSED WORK PROGRAM
COMMERCIAL LINKAGE FEE TECHNICAL UPDATE AND SUPPORT
This Work Program will provide the City of Rohnert Park with technical information
and other support in its efforts to develop and review a commercial linkage fee- -a
development impact fee charged to new commercial development that offsets impacts of
such development on local affordable housing needs. Several years ago EPS prepared a
study entitled Sonoma County Workforce Housing Linkage Fee Study (December 2001)
which was intended to provide the cities and the County with a technical basis for
adopting linkage fees. Since that time several cities (Sonoma, Petaluma, and Sebastopol)
as -well as Sonoma County have adopted fees based upon the Study's recommendations.
TASK 1- PROJECT INITIATION
During project initiation, EPS staff will meet with City staff to discuss the process and
schedule for completing the technical information, assisting with the draft ordinance,
and the other steps needed to bring the matter before the City Council. Prior to this
meeting EPS staff will identify data needed from the City staff in a set of specific
questions. Specifically, it will be necessary to estimate future commercial development
capacity in Rohnert Park and to estimate the timing and amount of this development
during the foregoing 20 -year time frame. It will also be valuable to review related
policies in the General Plan, specifically the Housing Element, and other policy direction
of the City Council regarding the matter. Finally, a review of the City's current
affordable housing activities and accomplishments will be helpful.
TASK 2- TECHNICAL UPDATE AND LOCAL
CONSIDERATIONS
The Sonoma County Workforce Housing Linkage Fee Study provided a technical analysis of
the housing need generated by expanding employment in Sonoma County. This
analysis converted the profile of projected jobs and income into housing units needed by
affordability category. As would be expected, there was (and remains) a substantial off
set in the number of units needed at the affordable end of the price spectrum than the
market place is able to provide, given the economics of the current housing market. It
was recognized in the Study that burdening new employment- generating land uses with
the full cost of meeting associated affordable housing subsidies would be unrealistic; not
only are the costs excessive and pose the risk of deterring or even eliminating desired
economic development, but other sources and methods for creating needed affordable
housing need to be considered.
1c Progrp "W
Proposed Work Program
Commercial Linkage Fee Technical Update mid Support
February 22, 2006
In this task, EPS will conduct a focused analysis regarding the particular circumstances
in the City of Rohnert Park applying the general logic used in the County -wide Study,
converting development capacity into an estimate of jobs and jobs into housing demand
by income group. The technical information developed will be designed to augment the
original Study, thus strengthening the local "nexus" findings made in support of the
ordinance. This information will be limited to an investigation of local housing
conditions and potential employment growth and related housing demand. This will
include consideration of recent major employment losses in Rohnert Park and prospects
for filling the significant amount of vacant commercial space created by these recent
loses. EPS does not anticipate making revisions to the baseline assumptions and
calculations of the Study regarding workforce income distribution, employment density
by building type, or other factors used to develop the linkage fee.
TASK 3- ASSISTANCE WITH ORDINANCE PREPARATION
AND REVIEW
EPS staff will advise City staff as City staff prepares its draft ordinance and related staff
report(s). It is assumed that the model ordinance originally prepared by EPS as a part of
the Countywide effort will be used as a basis for Rohnert Park's ordinance. EPS staff
will appear at a City Council meeting where the ordinance receives its first reading.
TASK 4 - ASSISTANCE WITH SONOMA GROVE ANALYSIS
EPS staff will assist City staff with an assessment of Sonoma Grove. Although defined
as a "ITV Park ", Sonoma Grove has long provided, in effect, housing for a number of low
income households. This task will involve an assessment of whether the
increased rents at Sonoma Grove pose a risk of loss of affordable housing in the
community. This will be done through estimating and classifying housing costs for
these Sonoma Grove households, costs which will include space rent, utilities, vehicle -
related costs, etc.
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