CC Resolution No. 8127
RESOIl1l'ION NO, 8127
A RESOWl'ION OF '!HE CI'IY CXXJNCIL OF '!HE CI'IY OF aJPER1'INO
AImDRIZING EXÐ:Ul'ION OF JOmr EaŒRS 1!GREEMENl' BElWEEN '!HE
CXXJNTY OF SANm CIARA AND '!HE 1.:J.'J.'.u:.¡:; OF CAMPBELL, aJPER1'INO,
rœ AIJIœ, MIIPITAS" SANm CIARA, SARAiUGA, AND stJNNYVAIE
RElATING 'TO rorENTIAL STADIUM FACILITIES ANAINSIS
WHEREAS, the City Council of the City of OJpertino has agreed to
participate in the potential stadium facilities analysis with fun:lin;J
prcvided by contributions iran private SCAn'OE!S; and
WHEREAS, the Joint POwers ~...........1t between the cnmty of santa Clara
and the Cities of o-nlJ:n..l1, OJpertino, Los Altos, Mllpitas, santa Clara,
saratoga, and 5unnyva.le Relatin;¡ to Potential stadium Facilities Analysis
states that OJpertino's cxmtribItian waùd cx:me iran private SCAn'OE!S;
I'm, ~ut<t:ò, BE IT RESOLVED that the City Council of the City of
CUpertino hereby authorizes the Mayor and the City Clerlc to execute the
Joint POwers 1\q.!:eeme¡1t Relatin;¡ to Potential stadium Facilities Analysis,
PASSED AND ADOPl'ED at a regular meeting of the City Council of the
city of 0Jpertin0 this 21st day of May 1990, by the
followin;¡' vote:
vote
AYES:
Members of the city Council
Goldman, Koppel, Sorensen, Szabo, Rogers
NOES:
None
ABSENl':
None
ABSTAIN:
None
ATI'EST:
~:
/s/ Dorothy Cornelius
City Clerk
/s/ Barbara A. Rogers
Mayor, City of 0Jpertin0
JOINT POWERS AGREEMENT BETWEEN THE
COUNTY OF SANTA CLARA AND THE CITIES
OF CAMPBELL, CUPERTINO, LOS ALTOS, MILPITAS,
MOUNTAIN VIEW, PALO ALTO, SAN JOSE,
SANTA CLARA, SARATOGA, AND SUNNYVALE RELATING
TO POTENTIAL STADIUM FACILITIES ANALYSIS
THIS IS AN AGREEMENT between the COUNTY OF SANTA CLARA and the
"
.-.- .
CITIES of CAMPBELL, CUPERTINO, LOS ALTOS, MILPITAS, MOUNTAIN VIEW,
- ;..-::-:-....: .~;:. ~ "-
PALO ALTO, SAN JOSE, SANTA CLARA, SARATOGA, and SUNNYVALE,
WHEREAS, the location of a stadium facility ("facility")
within the geographical confines of the County of Santa Clara may
significantly benefit the public in terms of, among other things,
the revenue generated from such a facility, the enhancement of
cOI!lI!luni ty pride, and the broadening of the area I s regional and
national identification; and,
WHEREAS, the potential location of a facility within such a
county location would place demands upon regional public services,
including public safety, streets, and transportation; and,
WHEREAS, the regional benefit and needs of such a facility
call for a coordinated program by the affected public entities at
the earliest possible opportunity; and,
WHEREAS, Government Code Sections 6500, et sea" permit public
entities, after receiving the prior consent of their respective
legislative bodies, to jointly exercise any power common to the
contracting parties;
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NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties agree as follows:
1. PURPOSE OF AGREEMENT, The COUNTY OF SANTA CLARA and the
CITIES of CAMPBELL, CUPERTINO, LOS ALTOS, MILPITAS, MOUNTAIN VIEW,
PALO ALTO, SAN JOSE, SANTA CLARA, SARATOGA, and SUNNYVALE, having
previously obtained the consent to do so by their respective
legislative bodies, hereby join together for the purpose of
creating recommendations pertaining to: (a) whether or not a
facility should be constructed in Santa Clara County (City of Santa
Clara) through a benefit study which will identify specific
benefits to each city and general benefits to the county as a
whole; and (b) any other area of inquiry related to such potential
facilities deemed appropriate by the parties hereto. The
recommendations identified by this joint powers body shall not be
binding upon the individual parties herein, nor shall they obligate
the parties, beyond the extent set forth below, to any form of
potential financial commitment or the expenditure of any funds
relating thereto without specific subsequent approval by the
respective legislative bodies,
2. TERM, The duration of this Joint Powers Agreement shall
commence upon the execution of same by all parties hereto and shall
continue, uninterrupted, until such time as a majority of the
hereinafter provided governing board members vote to terminate the
Agreement,
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3, GOVERNING BOARD. A governing board consisting of two
members of the COUNTY OF SANTA CLARA'S Board of Supervisors and one
councilmember from each of the CITIES of CAMPBELL, CUPERTINO, LOS
ALTOS, MILPITAS, MOUNTAIN VIEW, PALO ALTO, SAN JOSE, SARATOGA,
SUNNYVALE, and three councilmembers from the CITY of SANTA CLARA
shall carry out the functions of the joint powers body designated
herein, The representatives of the County shall be appointed by
the County Board of Supervisors, The representatives of the cities
shall be appointed by the City Council of each City. The governing
board shall elect a chairperson and a vice chairperson from the
CITY of SANTA CLARA in its membership, Thereafter, the first task
of the governing board shall be to identify the site for the
facility, The governing board shall have the power to contract in
the name of the joint powers body within the limitations set forth
herein. The governing board shall transact its business by the
simple majority vote of a quorum of the members then appointed. A
simple majority of the members then appointed shall constitute a
quorum.
4, FINANCES, The parties to this Joint Powers Agreement
shall contribute the total amount of Three Hundred Eighty Thousand
Eight Hundred Twenty Three Dollars ($380,823,00) as follows to fund
the activities of this joint powers body:
a, The County of Santa Clara shall contribute the amount of
Two Hundred Thousand Dollars ($200,000,00), The CITY of SANTA
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CLARA shall contribute the amount of Fifty Four Thousand and Twenty
Nine Dollars ($54,029,00),
b, The CITIES of CAMPBELL, CUPERTINO, LOS ALTOS, MILPITAS,
MOUNTAIN VIEW, PALO ALTO, SAN JOSE, SARATOGA, and SUNNYVALE shall
make contributions totalling One Hundred Twenty six Thousand Seven
Hundred Ninety Four Dollars ($126,794,00), Each city's individual
contribution shall" be approximately in direct proportion to the
total cities' contribution which that city's fiscal year 1989
transient occupancy tax collections bears to the total of all the
foregoing cities' fiscal year 1989 transient occupancy tax
collections (unless agreed otherwise by majority vote of governing
board) , Applying such proportions or agreed contribution, the
Cities' individual contributions are as follows:
City of Campbell $ 2,493,00
city of Cupertino 1
4,550,00
city of Los Altos l,OOO,OO
City of Milpitas l7,387,OO
city of Mountain View 9,757,00
city of Palo Alto 10,000,00
city of San Jose 50,268,00
city of Santa Clara 54,029.00
city of Saratoga l,OOO,OO
City of Sunnyvale 30.339.00
$180,823,00
1 The contribution will be from private sources.
4
Addi tional monetary contributions by the parties shall require
further consent by their respective legislative bodies, All such
funds received shall be maintained in a segregated account by the
COUNTY OF SANTA CLARA'S Director of Finance, who shall be strictly
accountable for such funds, and who shall provide the parties with
periodic reports of all receipts and disbursements, Upon
termination of this Agreement, all remaining unencumbered funds
shall be distributed to the parties in direct proportion to their
contribution of same,
5, STAFFING, In addition to its monetary contribution
designated herein, the COUNTY OF SANTA CLARA and the CITY of SANTA
CLARA shall provide, at no cost to the parties hereto, various
administrative staffing needs as the joint powers body. may require,
It is understood, however, that from time-to-time during the
duration of this Agreement, the remaining city parties may assist
the County in meeting this staffing obligation by providing various
support services, for which no compensation will be received, and
for which no credit against its monetary contribution herein will
be made, absent a majority vote of the governing board,
6,
IMMUNITIES,
All privileges and immunities from
liability, exemptions from laws, ordinances, and rules, all
pension, relief, disability, worker I s compensation, and other
benefits which apply to the activities of the officers, agents, or
employees of any of the public agencies who are signatories hereto
when performing their respective functions within the territorial
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limits of their respective public agencies, shall apply to them to
the same degree and extent while engaged in the performance of any
of their functions and duties extraterritorially under the
provisions of this Agreement, Each agency hereto is responsible
for its own employees' acts and omissions.
7. EXECUTION IN MULTIPLE COUNTERPARTS
This Agreement may be executed in multiple counterparts, all
or any of which shall be regarded for all purposes as one original
and shall constitute and be but one and the same instrument,
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the dates set forth below,
DATE:
COUNTY OF SANTA CLARA
Chairperson
ATTEST: DONALD M, RAINS
Clerk of the Board
APPROVED AS TO FORM & LEGALITY:
Deputy County Counsel
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"
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM:
city Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM:
city Attorney
ATTEST:
City Clerk
CITY OF CAMPBELL
By:
By:
City Manager
Mayor
CITY OF CUPERTINO
By:
By:
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City Manager
Mayor
CITY OF LOS ALTOS
By:
City Manager
By:
Mayor
CITY OF MILPITAS
By:
city Manager
By:
Mayor
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM:
city Attorney
ATTEST:
city Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
city Clerk
APPROVED AS TO FORM:
city Attorney
ATTEST:
City Clerk
CITY OF MOUNTAIN VIEW
By:
city Manager
By:
Mayor
CITY OF PALO ALTO
By:
City Manager
By:
Mayor
CITY OF SAN JOSE
By:
city Manager
By:
Mayor
CITY OF SARATOGA
By:
City Manager
By:
Mayor
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APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
CITY OF SUNNYVALE
By:
By:
city Manager
Mayor
CITY OF SANTA CLARA
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By:
By:
city Manager
Mayor
·
INVITATION FOR CONSIDERATION OF PROFESSIONAL CONSULTING SERVICES
FOR ECONOMIC IMPACT ANALYSIS OF A PROPOSED BASEBALL STADIUM
TO BE LOCATED IN THE CITY OF SANTA CLARA. CALIFORNIA
I. BACKGROUND AND DESCRIPTION OF PROJECT
A. GENERAL
The Stadium Joint Powers Authority desires to engage
a professional consulting firm for the services
described in the project scope,
The consultant will be expected to provide complete,
professional, high-quality services and products to
the Stadium Joint Powers Authority personnel and
others who are involved with the project; and to·
provide advice and assistance in accomplishing the
work,
B, PROJECT SCOPE
1. project Goals, Objectives, Scope of Work, and
Budget
a, The Stadium Joint Powers Authority was
created for the purpose of funding
economic impact studies in a County-wide
area and the specific city benefit areas
of the cities of Campbell, Cupertino, Los
Altos, Milpitas, Mountain View, Palo Alto,
San Jose, Santa Clara, Saratoga, and
Sunnyvale; and the county of santa Clara,
The economic impact studies shall, at a
minimum, identify the economic benefits
and liabilities for each governmental
entity (county and cities) which is a
member of the JPA, The stadium is
proposed to be located at the southeast
corner of Great America Parkway and
Highway 237 in the City of Santa Clara,
The specifics of the stadium are not known
at this time; however, it will probably
have a seating· capacity 'of 43,000 to
45,000, be situated on approximately 120
acres, and have parking facilities for
9,000 to 11,000 cars, The stadium is
anticipated to contain state-of-the-art
facilities normal to professional baseball
stadiums with all the necessary tenant
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improvements furnishing support areas
common to a professional baseball stadium
facility,
b, It is anticipated that the fee for this
study will be below $lOO,OOO,
2, Work of other consultants
other agencies of the Authority may engage the
services of other professional consulting firms
including, but not limited to, traffic studies
and environmental issues, The consultants I
work and progress will be monitored by the
staff of the stadium Joint powers Authority,
The consultant will be expected to work with
the staff . and other consultants in a
professional manner and to provide advice and
assistance in the investigation of the proposed
project,
3. Work Elements
a, The consultant will utilize the most
recent statistical and economic data
available for the County of Santa Clara
and the cities comprising the Authority,
The Authority will assist by providing
data available from its members,
b, Consultant shall prepare and submit a full
economic impact study of a proposed
baseball stadium to be located at the
intersection of Great America Parkway and
Highway 237 in the city of Santa Clara,
This impact study shall address the
economic benefits, multipliers, etc, of
such a baseball stadium in this area, The
study shall also provide a comparison of
benefits for the land utilization as a
stadium in comparison to alternate uses
or other purposes,
c, The study shall reflect: 1) a County-wide
impact and multiplier economic impact; 2)
a separate specific economic impact and
multiplier analysis, relating to
government revenues and expenditures, for
each of the Authority cities and for the
County of Santa Clara, as a separate
governmental agency unto itself; 3) a
concentric circle evaluation of economic
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impact and multiplier economic impact
based on transportation (highways,
streets, and other transit systems)
corridors serving this proposed stadium.
All economic impacts shall be related to
the specific revenues or costs for each
governmental entity which will be
affected,
4, Document Format
Documents shall be addressed to the Stadium
Joint Powers Authority, Attention:
Chairperson, 1500 Warburton Avenue, Santa
Clara, california 95050, Documents shall be
delivered in· 20 hard copies, bound; two sets
of overhead transparencies; and one set of
slides for projection purposes, All shall be
legible,
5, Work Schedule
The preliminary schedule for this report is:
1) submittal of proposal to the Clerk of the
Stadium Joint Powers Authority, Attention:
city Clerk, city of Santa Clara, 1500 Warburton
Avenue, Santa Clara, California 95050 by May
15, 1990; 2) selection and execution of
Consultant Agreement by June 5, 1990; 3)
completion of report and submittal to the
Stadium Joint Powers Authority Chairperson by
July 16, 1990,
II, CONSULTANT'S MINIMUM QUALIFICATIONS
A. Consultant must possess previous professional
experience in economic and feasibility impact
studies I City and County financing, utilization
studies, conceptual planning of baseball stadiums,
and have prepared similar documents for baseball
stadium analysis within the past ten years, Quality
of performance on previous similar projects will
influence the selection board.
B, Ability to meet the time schedule, coordinate
effectively with others, and work within budget will
be some of the attributes considered for selection.
c. Consultant or his subconsultants shall have
sufficient experienced staff and a comprehensive
knowledge of the disciplines mentioned above, who
will be assigned to manage tasks and coordinate
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their work with the Authority and other involved
consultants or agencies,
D, The consultant shall possess knowledge of California
tax assessment codes and regulations, sales tax, and
other fees normally associated with baseball stadium
development; baseball patron habits and spending
patterns; and other related economic sources of
baseball stadium impact,
E, For this project, the consultant is not required to
have an office within Santa Clara County; however,
must provide the Authority members, staff, and other
consultants with an 800 toll-free telephone number.
F. The consultant is required to list the key
individuals who will be assigned to the project and
the total person hours and each individual's degree
of commitment, The key individuals who will be
assigned to preparation of the report will be an
important factor considered by the review board,
There can be no change of key personnel once the
proposal is submitted without prior approval of the
Stadium Joint Powers Authority,
G, The Consultant shall comply with applicable federal,
state, and local regulations concerning equal
employment opportunity requirements and take
affirmative action to ensure equal employment
opportunity,
III. METHOD OF SELECTION
A. The method of selection will be to interview no more
than five consultants with the most desirable
qualifications,
B, A review board consisting of five members of the
Stadium Joint Powers Authority will conduct the
interviews,
C. The individual or composite ratings by review board
members will not be revealed,
D, Members of the review board will review the
proposals to determine those firms to 1:>e invited for
an oral interview, Approximately 45 minutes will
be allowed for the oral interview and questions and
answers, The Consultant Project Manager must lead
the presentation before the review board,
E. Negotiations of the contract, the detailed scope of
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work, and the fee are within the purview of the
review board,
F, When the review board has completed its
recommendations, a contract will be negotiated for
the extent of services to be rendered and for the
method of compensation, All contracts will be
negotiated based on cost plus fixed fee, If
agreement is not reached after a reasonable period
of time, negotiations with the number one selection
will be terminated and negotiations then will be
opened with the second choice of the review board,
When agreement is reached with the consultant, it
will be submitted to the Stadium Joint Powers
Authority for approval and execution,
IV. INFORMATION TO BE SUBMITTED
A, GENERAL
Proposals should be typed, as brief as possible, and
should not include any unnecessary promotional
material,
For ease of handling, it is requested that standard
8-1/2" x 11" paper be used with the simplest
possible method of fastening (except that paper
clips shall not be used), considering the size of
the proposal,
Persons or firms wishing to respond to this
invitation must supply 20 copies of the proposal by
the date and time requested, The nature and form
of response is at the discretion of those
responding, but shall include the information listed
below, Additional information submitted after the
formal closing date and time will not be accepted,
B, GENERAL INFORMATION FORM
Complete the attached General Information Form,
C, GENERAL BACKGROUND INFORMATION
To facilitate comparisons during evaluation, the
following information shall be listed in the order
shown and shall appear at the front of all proposals
submitted, immediately following the General
Information Form:
1, Type of service your firm is particularly
qualified to perform, Generally describe the
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'.
scope of services provided by your firm without
the use of outside consultants,
2, Names of the principals, associates, and key
personnel for the prime consultant which are
proposed for this project, their proposed areas
of responsibility, and their professional
qualifications in those areas,
3. Names of key subconsul tants I personnel proposed
for this project and their professional
qualifications, experience, and training which
are applicable to this project,
4 , The prime consultant I s current permanent staff
size and how the size has varied in the last
five years,
5, Names, addresses, telephone numbers, background
qualifications, and the scope of services that
will be provided by each subconsultant proposed
to be used,
6, A brief representative listing of similar
proj ects completed in the last ten years by the
prime consultant, Indicate the specific
relationship if other than the principal firm,
and your firm's specific responsibilities,
7, A brief representative listing of similar
proj ects completed in the last ten years by the
major subconsu1tants, if any, Indicate the
specific relationship if other than the
principal firm, and the firm's specific
responsibilities,
8, A rough estimate, by name of individual, of the
amount of time (person hours) that will be
devoted to the project for all key staff of
both the prime consultant and all
subconsultants.
9. Other information that might aid the review
board in ascertaining your qualifications.
10. Listing of any lawsuit or litigation and the
result of that action resulting from any job
undertaken by the firm or by its subconsultants
which is still pending or has occurred on
projects within the last five years.
D. PROPOSAL
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1, General Qualifications
This section should include a brief summary of
the consultant's and subconsultants' overall
organization, areas of practice, and stability,
2, Project Qualifications
This section should include a brief description
of the prime's and subconsultants'
qualifications for the project and previous
experience in similar or related engagements,
Descriptions of pertinent experiences should
include a sUl1U!lary of work performed, the period
over which the work was completed, and the
name, title, and phone number of the clients
to be contacted for reference,
3, Project Understanding
This section should demonstrate the
consultant's understanding of the proposed
project, defining the methodology to be used,
4, Technical Approach
This section should describe the consultant's
technical work plan for the -project. This
description should include:
a, A brief narrative of the technical
approach to be followed.
b, A detailed work program outlining the
proposed work steps for each of the major
project tasks discussed in the scope of
work section,
c, A time schedule indicating start and
completion dates for the project tasks,
The schedule should emphasize the steps
the consultant intends to take to complete
the proj ect according to the required
schedule,
5, Project staffing
This section should discuss how the consultant
would propose to staff this project.
consul tant proj ect team members are to be
identified by name, location, specific
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responsibilities on the project, and the
estimated person hours of participation, An
organizational chart for the project team and
resumes for key consultant personnel should be
included,
Attachment: General Information Form
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GENERAL INFORMATION FORM
To be completed by the proposer
and placed at the front of the proposal
PROFESSIONAL CONSULTING SERVICES
to the
Stadium Joint Powers Authority
for
Legal Name of Firm
Date
Firm's Address
Firm's Telephone Number
Type of Organization (Partnership, Corporation, etc,)
Name of Principal-in-Charge and Title
Name of Project Manager and Title
Name, Title, and Phone Number of Person to Whom Project
Correspondence Should be Directed
Address Where Correspondence Should be Sent
Listing of major subconsultants proposed, their phone numbers, and
areas of responsibility: