(a) Supplemental Fee Agreements (“Agreement”) shall be negotiated by the Department and executed by the Mayor.
(b) The Agreement shall include, but not be limited to, the following provisions:
1. The City and the developer (the “Parties”) shall agree upon the processing services which will be required to process the discretionary actions, including environmental reviews, and the personnel, time and physical resources which the City will need to accomplish those processing services.
2. The Parties shall agree on the numbers and classifications of employees that the City shall assign to perform the processing services with the understanding that one or more employees may be utilized to perform any designated tasks and that the City may replace any employee that is assigned to perform a processing service at any time.
3. The costs which are to be funded shall consist of the actual costs to the City which include, but are not limited to: wages, including overtime, retirement, compensated time off and other benefits, bureau/divisional overhead, departmental overhead and general City overhead, which are incurred in connection with the employees assigned to perform the processing services for the major project, the direct costs of material and equipment required to furnish the processing services, the reasonable out-of-pocket expenses incurred by any employee assigned to furnish the processing services, and the cost of hiring outside consultants necessary to provide the City with special expertise.
4. The developer shall deposit funds into the Fund for deposit in the Account for that Major Project on a quarterly basis in an amount estimated to pay for the costs of providing the processing services for the following quarterly period.
5. The Parties shall meet quarterly during the term of the Agreement to review the amount of funds remaining in the Account and to review, reevaluate and negotiate in good faith the number and type of employees necessary to accomplish the processing services for the next quarterly period and the estimated costs.
6. The Department shall promptly advise the developer if, at any time during the quarterly period, the Department believes that the costs of accomplishing the processing services for the quarterly period will exceed the previous estimate.
7. The Parties shall agree to a procedure for deposit of additional funds if the funds in the Account are not adequate to fund the agreed upon services for the quarterly period.
8. The involved departments shall maintain appropriate records of the actual costs of the processing services.
9. The Department shall prepare quarterly reports on the status of the Account within the Fund for the developer.
10. Entering into the Agreement is voluntary.
(c) The City Council and the Mayor declare their intention to authorize, by ordinance or resolution, positions necessary to carry out the work programs provided for in each Supplemental Fee Agreement for the fiscal year; which positions and related expenses will be funded from the Fund. The City Administrative Officer and/or General Manager of the Personnel Department may authorize interim staff during the fiscal year when needed to provide for necessary adjustments in personnel during any quarterly period in accordance with normal City procedures.
SECTION HISTORY
Article and Section Added by Ord. No. 181,098, Eff. 4-18-10.