2008 Willdan Financial Services - L&L AD 89-1PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement') is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and Willdan Financial Services ("Consultant'). The parties
hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide services outlined as Phase 1: Feasibility Study
and Benefit Analysis - Landscape and Lighting Act of 1972 — District Formation
Services, as specified in the Scope of Services" attached hereto as Exhibit "A"
and incorporated herein by this reference (the "services" or "work"). Consultant
warrants that all services will be performed in a competent, professional and
satisfactory manner in accordance with the standards prevalent in the industry for
such services. Other Consultant services outlined in Exhibit "A" as Phases 2
through 5 will require prior approval by City Council.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the City of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses Permits Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, Consultant shall immediately
inform City of such oceed
ept at Cstant'
sk until
written n instructions are creceved from the t and shall not rCont ctcOfficer (as definedsin1Section
4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to City that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition Gcompensation
Contrract Officer. Any greater increase
the Contract Sum may be approved by the
must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation) in a total amount not to exceed Forty Five Thousand Dollars
($46,000.00) (the "Contract Sum") for Phase 1: Feasibility Study and Benefit
Analysis, except as provided in Section 1.6. The method of compensation set
forth in the Schedule of Compensation may include a lump sum payment upon
completion, payment in accordance with the percentage of completion of the
services,
exceed exceeding the Contract mate
on
nt's rate
rials
ucch other pmethods alsamay be specified 1
but not in
the Schedule of Compensation. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, transportation expense,
telephone expense, and similar costs and expenses when and if specified in the
Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to City no later than the tenth (10th)
working day of such month, in the form approved by City's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. City will pay
Consultant for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Consultant shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of
the forced delay when and if in his or her judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
3.4 Term. The term of this agreement shall commence on July 1, 2008 and
terminate upon completion of work. This agreement may be extended upon mutual
agreement by both parties. Unless earlier terminated in accordance with Sections
7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect
until completion of the services, except as otherwise provided in the Schedule of
Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
Chris Fisher, Principal Consultant
Jim McGuire, Senior Project Manager
Camille Mehant, Analytical Support
Jennifer Carter, Analytical Support
Richard Kopecky, P.E., Project Assessment Engineer
a. It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing principals were a substantial inducement for City to
enter into this Agreement. Therefore, the foregoing principals shall be responsible
during the term of this Agreement for directing all activities of Consultant and
devoting sufficient time to personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
Public Works Director/City Engineer or such other person as may be designated by
the City Manager of City. It shall be Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the
services and Consultant shall refer any decisions, which must be made by City to
the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured shall be delivered to and
approved by City prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the
Contract Sum in accordance with the following table:
Contract Sum Personal IniurylProperty Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per
occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming City and its officers and employees as
additional insured shall be delivered to and approved by City prior to
commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the State of California and with an A.M. Bests rating of
"A" or better and a minimum financial size VII.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be canceldble without thirty (30) days written notice
to City of proposed cancellation. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless City and any and all of its officials, employees and agents ("Indemnified
Parties) from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are cause in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents,
employees or subconsultants (or any entity or individual that Consultant shall bear
the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Consultant
shall not be liable for any injuries or property damage resulting from the reuse of
the design at a location other than that specified in Exhibit C without the written
consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless City, and any and all of
its employees, officials and agents from and against any liability (including liability
for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, to the extent
resulting from the negligence, recklessness of willful misconduct in the
performance of this Agreement by Consultant or by any individual or entity for
which Consultant is legally liable, including but not limited to officers, agents,
employees or subconsultants of Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth herein is binding on the successors, assigns or heirs of Consultant and shall
survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of City under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute "design professionals" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City and City's agents,
officers, officials, employees, representatives, and departments ("Indemnified
Parties") from and against any and all claims, losses, liabilities of every kind, nature
and description, damages, injury (including, without limitation, injury to or death of
an employee of Consultant or subconsultants), costs and expenses of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, that arise out of, pertain to, or relate to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, anyone directly or indirectly employed by them or
anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to Provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right ,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. Certificatels) are to reflect that the insurer will provide thirty (30)
days notice to City of any cancellation of coverage, ten (10) days notice if
cancellation is due to nonpayment of premium. Consultant agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no obligation, or
that any party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other
party involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for
review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or
other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to City, If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
City, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to City within five (5)
days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
City or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or
other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records, Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of City and shall be
delivered to City upon termination of this Agreement or upon the earlier request of
the Contract Officer, and Consultant shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to City any documents or materials prepared by them, and
in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses
said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, City hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
section shall be a condition precedent to termination of this Agreement for cause
and to any legal action, and such compliance shall not be a waiver of any party's
right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without cause
pursuant to Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City's consent or approval of any act by Consultant
requiring City's consent or approval shall not be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. City reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that City shall use reasonable efforts
to mitigate such damages), and City may withhold any payments to Consultant for
the purpose of setoff or partial payment of the amounts owed City as previously
stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of
City shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Thomas P. Genovese
City Manager
78-495 Calls Tampico
P.O. Box 1504
La Quints, California 92247-1504
To Consultant:
Willdan Financial Services
Attention: Paul Whitelaw
Title: Senior Vice President
27368 Via Industria, Suite 110
Temecula, California 92590
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager Date
ATTEST:
eronica J. Mo Gino, CMC, ity Clerk
APPROVED AS TO FORM:
M. Katherinb Jenson, City AVdrney
CONSULTANT: Willdan Financial Services
By. —
Name:
Brian Jewett
Title: vice President/Group Manager
Date: 05/30/2008
Exhibit A
Scope of Services
Phase 1 - Feasibility Study and Benefit Analysis for Landscape and Lighting Act of
1972 District Formation Services (See Attached).
Exl+i 8jT" ;4'
MuniFinancial'sProposal
� 1
( j�: the City
1 l �1 ) La id tt a
Landscape ' Ligbting ! of 1972
District olila'a/';t.'o.'1 Services
27368 Ilia lndustria, Suite 110, 'Temecula, California 92590
ZMuniFinancial
April 16, 2008
Mr, Timoth R. Jonasson
Public Works Director/City Engineer
City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Re: proposal to Provide Landscaping and Lighting Act of 1972 District Formation
Services to the City of La Quinta
Dear Mr. Jonasson:
Per your request, the following contains MuniFinancial's proposed scope of services and fees
to form a Citywide Park District to fund ongoing maintenance of existing parks under the
provisions of the Landscaping and lighting Act of 1972. In this proposal we have provided
the resumes of our staff that arc scheduled to work on this project as well as a summary of the
estimated hours and costs associated with key elements of the project.
We appreciate this opportunity to assist the City of La Quinta and look forward to hearing
working with you on this project. Please feel free to contact the directly at (951) 587-3536 or
via email at iimm(almuni o) if you have any questions regarding our proposal.
Sincerely,
MONIFINANCl/AALL�Q
C Q{
'(Yt eLLN,/
Jim McGuire, Senior Project Manager
Financial Consulting Services Division
Enclosure
Tel. (951) 587-3500
27368 Ilia ladmdia, Sle 110 Fax' 951 587-3510
1'ennrala, C,10mia 92590 mwa.eauni.mm
TABLE OF CONTENTS
1
SCOPEOF SERVICES.............................................................................
Phase 1: Feasibility Study and Benefit Analysis
1
Phase 2: Development of Outreach Strategy
3
Phase 3: District Formation Services
4
Phase 4: Public Outreach
6
Phase 5: Property Owner Balloting
7
FEEFOR SERVICES.............................................................................
10
Hourly Rates 11
Reimbursable Expenses 11
Proposed Summary of Hours & Fees 12
PROJECTTEAM................................................................................... 13
Rtsumes
13
14
Chris Fisher
16
Jim McGuire
17
Camille Mahanl
18
Jennifer Carter
19
Richard L. Kopecky
Page
E W WRnandal
SCOPE OF SERVICES
The following scope of services outlines the various steps that MuniFinaneial will perform as
needed to assist the City of ].a Quinta with the formation of a Citywide Special Assessment
District for parks under the provisions of the Landscaping and k.rghting Act of 1972. Since the
overall approach to establislilng a Citywide District can vary significantly, especially for public
education and outreach efforts, the following scope of services has been segmented into
phases, each focusing on the different elements of the formation process. This phased
approach provides the City with the greatest flexibility to modify the formation process based
on the level of public education and outreach that may be required.
PHASE 1 : FEASIBILITY STUDY AND BENEFIT
ANALYSIS
The overall goal of this project is to form a Citywide District that will provide a stable revenue
source to support the City's parks and recreation improvements. However, the burden of
establishing special benefit and assessments for such improvements requires a careful review
and evaluation of the improvements and services to be provided, the costs associated with
those improvements and the relationship these improvements have to various properties in
the City. Working closely with City staff, Munil'inancial will evaluate the overall extent of the
improvements and annual maintenance requirements, possible upgrades and initial capital
investment needs, as well as long term rehabilitation and replacement projects associated with
the proposed district improvements and facilities. Utilizing this evaluation of the various park
and recreation improvements, we will work with the City to develop an appropriate budget
and financing plan to support the various improvements and activities. 13ased on the
improvements and services and their relationship to properties, MuniFinaneial will develop an
appropriate cost allocation analysis and district structure based on a specific assessment
methodology applicable to the improvements and services to be provided.
Inevitably, some improvements and services will be considered general benefit, and although
these improvements must also be evaluated and considered, these costs cannot be assessed.
While it may be more desirable to establish a District with a single zone of benefit (single
assessment rate), it is often necessary to utilize more than one zone of benefit to address
significant variations in the amenities, park types, funding needs and proximity to the various
improvements throughout the City, particularly because some parks and facilities may be
identified entirely as a local or neighborhood benefit rather than a citywide benefit. These
considerations, combined with the overall budget for such improvements and services, will
establish the proposed assessments, which ultimately the property owners will be asked to
support through a balloting process. We will work with City staff to evaluate the full extent
anti location of the various improvements to be maintained and/or installed to develop a
reasonable benefit nexus and cost allocation (assessment methodology) for the special benefits
received by each parcel within the proposed district.
MuniFinaneial will perform the following tasks as Phase 1:
• Consult with City staff to obtain needed documentation and data that will aide our analysis
of the City, the improvements, facilities and services to be funded by the District. These
documents and information may include but are not limited to: City boundary and parcel
MMuniFinaneial rage 1
maps; an electronic data file of all parcels within the Cite including related parcel
information; zoning maps; lists of specific improvements and maintenance requirements;
improvement diagrams; planned or potential park expansion or upgrade projects; summary
information regarding current service levels; statistical information that may identify or
support the overall use of the various park facilities by residents and non-residents; and
budget and financing information related to both existing improvements and facilities as
well as any new facilities planned for the future. We anticipate this step will involve one (1)
project kick-off meeting at City offices to discuss these issues and gather needed
documentation.
Using base electronic parcel information provided by the City, develop a district database
that contains all properties currently in the City. This base data will be merged and
compared to current County Assessor's Office secured roll data to identify any parcel
discrepancies and establish specific property characteristics of each parcel in the City. This
information will be enhanced through parcel research and specific information provided
by both the City and County. It will then be incorporated into our assessment models to
establish benefit zones and an appropriate method of apportionment. This database will
eventually contain the calculate assessments for each parcel and the data used to generate
the District assessment roll and ballots.
Review maps and improvement information provided by the City to evaluate the specific
improvements and/or service associated with the various park facilities. We will work
closely with City staff to develop a complete and detailed list of improvements and
activities associated with each park facility. The development of an accurate and
comprehensive improvement list is critical to the development of the district budget and
the evaluation of benefit. This comprehensive list of improvements and activities will likely
focus on the details of the various park facilities including square footages of turf; shrubs
and hardscape areas; variations in recreational facilities such as the size and number of ball
fields, courts, and playground equipment, as welt as other related improvements such as
parking lots, restrooms, picnic facilities, etc. While a general listing of park improvements
(existing and proposed) can usually be utilized to develop an overall special benefit nexus,
detailed information will likely be required to establish an appropriate budget and refine
the benefit nexus. We anticipate this step will involve one (1) meeting at City offices to
discuss and refine the improvement information.
Utilizing the improvement information developed with City staff, we will assist the City
with formulating an appropriate budget for the improvements and services, focusing on
accurate accounting and full cost recovery. We will assist City staff with incorporating the
accurate improvement costs (including annual and long-term maintenance costa; loan
repayment for construction and installation or other capital projects; replacement and
rehabilitation costs; establishment of adequate reserve funds; and identification of revenue
contributions from other sources including general benefit allocations) into the district
budget to achieve maximum cost -to -benefit equity.
• Utilizing the parcel and budget information previously developed, we will formulate up to
two (2) district structure and/or method of apportionment options that would be
applicable to the various improvements and services to be funded, and for which a
reasonable special benefit nexus could be supported. if more than one district stricture or
apportionment is formulated, we will prepare a summary assessment evaluation that
identifies the anticipated assessments and the pros and cons of each option for discussion
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MMun!Financial
with the City staff. if necessary, we will participate in one (1) working meeting with City
staff to discuss the options in order to formulate a recommended approach,
• Rased on previous discussions with City staff, we will finalize the recommended approach
and resulting assessment rate(s) in a Summary Techmcal Memorandum. This document
may include the proposed district budget; identification of any proposed zones; special
versus general benefit allocations; method of spread and related tables and diagrams. When
finalized with City staff, this memorandum will contain much of the staustical information
and analysis that will form the basis of the 13ngineer's Report to be prepared for this
project. This memorandum may be incorporated into a presentation to the City Council
for their consideration and comment before moving forward with the formation process.
Phase 1 Meetings. We will attend up to three (3) meetings at City offices during the course of
Phase 1.
PHASE 2: DEVELOPMENT OF OUTREACH STRATEGY
Public outreach and education efforts can involve a variety of ntechataisms and tools
including but not limited to: surveys; property owner workshops; public meetings before the
City Council; informational mailers; articles in newspapers, newsletters or other local
circulations; and the support of local advocacy groups, such as sports organizations and the
Chamber of Commerce. Generally, the success of the property owner ballot proceedings for
large districts, particularly Citywide Districts, is greatly improved by effective communication
and a substantial public outreach effort is often warranted.
However, until the assessment analysis of Phase 1 has been completed, it is difficult to identify
which public communication activities and approaches are most appropriate. Therefore, the
next step in the formation process is to identify and discuss the ummg and extent of the
overall public outreach effort to be implemented for this project.
MurtiFutanciai will perform the following tasks as Phase 2:
• The first step in developing an outreach strategy requires the City Council's buy -in to the
proposed district structure and assessments as well as their input on the outreach efforts.
Therefore, we will work with Ciq, staff to develop a PowerPoint presentation for the City
Council that provides:
a An overall background of the park system and the goal for establishing a
citywide assessment district.
n A summary of the findings and recommendations outlined in the Summary
Technical Mcnitorandum, prepared and discussed with City staff in Phase 1,
outlining the proposed District structure, the overall budget including the
allocation of general benefit, the proposed method of apportionment, and the
resulting assessments.
n An overview of the process and considerations for implementing a Cit)wide
1972 Act District (Balloting Process).
n A summary of various public outreach and education efforts that may be
implemented.
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Z MuniFinancial
• Once the PowerPoint presentation has been finalized with City staff, we will assist staff
with presenting the PowerPoint to the City Council at one (1) Council study session. We
will be available to answer quesuons. While this presentation can be made at a regularly
scheduled Council meeting, the goal is to stimulate discussion amongst Council members
that ultimately leads to providing input and direction to City staff regarding the future
course of action. This is usually better suited for a study session rather than a regular
Council meeting.
• Based on Council direction, MuniFinancial will meet with City staff to discuss the outreach
and educational efforts to be implemented and the timing with respect to the overall
formation process ("Outreach strategy"). While MuniFinancial has extensive experience
with various public outreach efforts and can assist the City with specific elements, our
focus is to work with the City in coordinating the effort as a whole, within the
requirements of forming an assessment district. It may be necessary to utilize the services
of other firms specializing in surveys or public relations for certain aspects of the public
outreach and education efforts. (Please refer to Phase 4 Public Outreach.) if it is
determined that a survey of the community would be beneficial to test the waters for the
proposed assessments, this should be done before Phase 3 is completed.
In addition to coordinating the overall public outreach strategy with the City, MuniFinancial
can assist with specific elements of the public outreach effort including assisting the City with
conducting various property owner workshops; developing and mailing various informational
pieces such as workshop invitations/postcards, Frequently Asked Question (FAQ) Guide
(general informational piece), and targeted informational pieces that emphasize the need and
importance of the assessments for specific groups.
If the City wishes to implement a more concentrated outreach effort (that may include radio
spots, newspaper releases or enhanced graphic designs for property owner mailings) to garner
support for the district formation and assessments, we suggest that a consulting firm
specializing in public relations be retained by the City to conduct such an effort. Regardless of
whether the City chooses to utilize the services of a public relations consultant or not,
i'duniFinaneial will assist the City with coordinating and scheduling of public outreach efforts
based on our findings and recommendations for the District assessments.
Phase 2 Meetings. We will attend two (2) meetings at City offices during the course of Phase
2: one (1) City Council session, and one (1) meeting with City staff to develop the outreach
strategy.
PHASE 3: DISTRICT FORMATION SERVICES
Upon completion of the Feasibility Study and Benefit Analysis (Phase 1) and establishment of
the Public Outreach Strategy (Phase 2) and the City's authorization to proceed, we will
prepare the necessary documentation to form a Citywide 1972 Act District for park and
recreation improvements. This document preparation includes the required Engineer's Report,
Resolutions and the required notices and ballots.
MuniFinancial will perform the following tasks as Phase 3:
• In accordance with the Landscaping and Lighting Act of 1972 and the provisions of the
California Constitution (Proposition 218), MuniFinancial will prepare an Engineer's Report
for the district to include the following items:
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Plans and specifications that describe the district, zones and improvements.
r Method of apportionment that outlines the special benefit conferred on properties
within the district from the improvements and the calculations used to establish each
parcel's proportional special benefit assessment, as well as a description of any
proposed inflationary adjustment that may be applied in subsequent fiscal years.
r Budget that outlines the costs and expenses to provide the improvements and
related activities authorized by the Act and applicable to the district.
Assessment diagram that identifies the boundaries of the district and zones therein
(if applicable).
: Assessment roll containing each of the assessor parcel numbers that comprise the
district and the proportional maximum assessment.
Affidavit stating the Report has been prepared by a professional engineer.
• bluniFinancial will provide the City with an electronic copy of the Engineer's Report for
City staff review and comment prior to City Council action (Intent Meeting). When
finalized with City staff, a final electronic version of the Report will be provided to the
City, that the City Clerk may incorporate into the City Council's agenda package.
• Prepare resolutions for the Intent Meeting,
Resolution Initiating Proceeding; and,
r Resolution Adopting the Engineer's Report and/or Resolution of Intention.
Munirinancial will provide the draft resolutions to staff prior to the City Council
agenda deadline for City review and comment. All draft resolutions should be
reviewed by the City Attorney for form and content prior to finalizing these
documents for City Council action.
Note: Typically at the Intent Meeting, the City Council would adopt the
"Resolution of Intention" (that sets the Public Hearing date and calls for mailed
ballots). However, setting the Public Hearing date at this initial meeting may be
premature because public outreach efforts may be modified or expanded during
the course of the project Once a final date for the Public Rearing is confirmed,
the City Council may adopt the Resolution of Intention (either at this initial
meeting or at a later date),
• At the City's request, MuniFinancial will review and comment on the staff reports
prepared by the City in connection with the proposed assessment proceedings. (Intent
Meeting staff report).
• Attend the City Council Intent Meeting and be available to answer questions that the City
Council may have regarding the formation of the district.
• After the CrtY Council Meeting, if necessary, update the Engineer's Report to reflect
changes ordered by the City Council. These changes will he incorporated into the mailing
database prior to the mailing of ballots (if applicable) and will be incorporated into the
Final Engineer's Report (if necessary) for presentation to the City Council at the Public
Hearing.
• Prepare resolutions for the public Hearing.
_._. rase
ZMuniFinancial
> Resolution Declaring Results of the Protest Ballot Proceedings; and,
Resolution Approving the Engineer's Report, and,
v Resolution Forming the District and Ordering the levy and Collection of
Assessments.
,MuniFinancial will provide the draft resolutions to staff prior to the City Council
agenda deadline for City review and comment, All draft resolutions should be
reviewed by the City Attorney for form and content prior to finalizing these
documents for City Council action.
Phase 3 Meetings. We will attend one (1) meeting during the course of Phase 3: one (1) City
Council meeting to attend the Intent Meeting.
PHASE 4: PUBLIC OUTREACH
As part of an overall education effort, MuniFinancial will perform the following tasks to assist
the District with its public outreach and communications with the affected property owners
within the proposed district.
Once the Outreach Strategy (Phase 2) is finalized, MuniFinancial will assist City staff with the
coordination of this effort. Many of the public outreach efforts will be preformed
concurrently with the tasks outlined in Phase 3. Regardless of whether the City chooses to
utilize the services of a public opinion polling firm and/or public relations firm,
MuniFinancial will assist the City with coordinating and scheduling of public outreach efforts
based on our findings and recommendations for the District assessments and the provisions
of the 1972 Act and the California Constitution.
17PTIONAL POLLING SERVICES
It is a challenging task to conduct public opinion polls that accurately determine funding levels
likely to be approved in an election, Few people are inclined to admit they welcome new taxes,
assessments or fees on themselves. The accuracy and success of such projects require detailed
and well-informed preparation, a carefully worded survey instrument, and sophisticated,
experienced analysis of the responses. If a polling program was initiated, the following tasks
would be required:
• Initial Survey design and field test. Design a survey instrument for review and discussion.
The instrument will test the target population's attitudes toward the proposed district and
assessment, including a test of different levels of funding.
• Drawing the sample survey population.
• Fielding of the survey(s) can be completed either by mail, telephone, online or in a
combination of telephone, and mail and online questions, depending on the specific needs,
goals, budget, timeline and target audience.
• Following the completion of fieldwork, interpretations of, and conclusions from, the
results will be provided. Responses can be analyzed by age, income, and other key
demographic and community divisions.
• Present results.
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ZwniFinancial
MuniFinancial can recommend potential polling firms to complete the public opinion survey
on the City's behalf.
MUNIFINANCIAL PUBLIC OUTREACH SERVICES
MuniFinancial can assist the City with specific elements of the outreach effort focused on
informing property owners of the issues and aspects of the proposed district and assessments,
including the development and mailing of an informational piece, such as a Frequently Asked
Question (FAQ) Guide, as well as facilitating discussions at public workshops.
• Public Information Meetings: Our proposed scope of work and fees anticipates our
participation at one (1) or more public outreach meetings. While we anticipate that City
staff will conduct and facilitate public outreach meetings, MuniFinancial will support staff
in these efforts by being available to answer questions regarding the Engineer's Report, the
establishment of the proposed assessments and the assessment balloting process, as
requested by the City. Because the number and type of workshops is difficult to predict,
the Fee for Services provides a fee ranges for attendance at these meetings.
• Develop and Mail FAQ Guide: Generally, when a City is proposing a new assessment
for existing developments, it is cssenttal that the City communicate the improvement plans
and proposed assessments in advance of the actual ballot proceedings. To assist the City
with this communication effort, MuniFinancial proposes to prepare and mail to each
property owner an informational piece (FAQ Guide). 'Phis document will present several
questions and corresponding answers for typical issues raised by property owners. We
recommend that the FAQ Guide be mailed to property owners preparatory and often in
conjunction with a scheduled public information meeting prior to the ballot mailing.
However, if the City prefers not to conduct a public information meeting(s), a similar FAQ
Guide can be issued in conjunction with the assessment notice and ballot mailing. 'fhe
guide itself can be drafted as a single -page, double -sided, black and white document mailed
in an envelope (with City Logo), or may be a tri-fold brochure format, printed in one or
two colors.
PHASE 5: PROPERTY ❑WNER BALLOTING
Based on the City Council's Resolution of Intention setting the Public I learing date, we will
prepare and facilitate the mailing of the required Notice of Public Hearing and Assessment
Ballots pursuant to the provisions of the Califorma Constitution Article XIlID.
MuniFinancial will perform the following tasks as Phase 5:
• Prepare the required notice of public hearing and ballots in accordance with the
requirements of the California Constitution (Proposition 218). MuniFinancial will use the
latest property owner information from the County Assessor's Office secured roll for
ownership and mailing information and, as warranted, incorporate updated data provided
by the City. Prior to mailing, we will forward samples of the notices and ballots to the City
for review and comment.
• MuniFinancial will be responsible for preparing the notice and ballots and coordinating the
printing, processing and mailing (first-class) of these documents. The printed piece will be
in black and white format and will consist of a single page (double -sided) notice of the
public hearing accompanied by a single page (double -sided) ballot and a pre -addressed
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ZMuniFinancial
return envelope (without postage). Notices and ballots shall be mailed to the property
owners of record at least 45 days prior to the Public Hearing.
Due to the number of notices and ballots to be marled, MuniFinancial will outsource the
actual printing, processing and mailing of the documents, the cost of which, including
postage will he billed to the Citl, at our cost.
While MuniFinancial will facilitate the mailing of all documents to the property owner(s) of
record in accordance with Proposition 218 and applicable provisions of the California
Government Code utilizing the latest property owner information from the County
Assessor's Office secured roll, the City should expect that some documents will be
returned to the City as "undeliverable" and/or that some property owners may not receive
their notices and ballots. if requested, bluni Financial will prepare and re -mail replacement
notices/ballots co property owners requesting a replacement ballot, and/or research and
re -mail notices/ballots for those properties that were returned to the City as
"undeliverable" These efforts would be in addition to our proposed scope of services and
would be billed to the City on a time and material basis.
• Attend the Public Hearing, and be available to answer questions the City Council may have
regarding the district, assessments and procedure.
• In cooperation with the City Clerk, tabulate the assessment ballots after the close of the
public hearing. We have developed proprietary software capable of tabulating
approximately 400 to 700 ballots per hour. MuniPinaneial will provide the balloting results
to the City Clerk once tabulation is completed.
• \xic will he available by telephone to answer questions regarding the formation process
from City staff and property owners during the course of the formation of the district.
Phase 5 Meetings. We will attend up to (1) meeting during the course of Phase 5: one (1)
City Council meeting to attend the Pubhe Hearing and tabulate the ballots.
MMunihnancial
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GirY REBPONB/B/LMEB
The City will prepare or provide the following, if necessary:
• Provide any information regarding current zoning, existing land uses, and proposed
property development, as required.
• Provide detailed descriptions of the improvements to be included in the district, including
a breakdown of existing improvements and proposed capital improvement and installation
plans.
• Provide either clecttonically or in hard copy, various maps of the City is needed for
MuniFinancial to perform the assessment evaluation, including boundary maps, general
plan maps, improvement maps, zoning maps, assessor parcel maps, subdivision maps, or
related development diagrams.
• Provide all pertinent budget information including estimated construction and installation
costs, projected annual maintenance costs, other capital expenditures, City overhead and
available funding from other sources that can he used to offset costs.
• Provide sample City resolutions in electronic format and in sufficient detail to establish the
required format for resolutions to be prepared by MuniFinancial.
• Prepare all internal memos, staff reports and other supporting documents necessary for
City Council agendas.
• Provide electronic data of parcels within the proposed district including assessor parcel
numbers and related development information.
• Arrange for any required publications nonce of Council meetings or Public Hearings in
the local newspaper.
• Utilizing the City's GlS capabilities, the City will prepare and print related zone and
boundary diagrams to he included in the Engineer's Report or recorded with the City
Clerk or County,
• Review the draft reports and resolutions before the final documents are prepared. This
review is typically performed by llepartmcnt staff but may include the City Attorney.
Requested changes shall be submitted to MuniFittancial in writing.
The City acknowledges that ,VluniFinancial shall be relying upon the accuracy and validity of
the information provided by the City and the County and agrees that MuniFinancial shall not
be liable for any inaccuracies contained in such information.
Legal Opinions. in preparing the resolutions, notices and ballots, MuniFinancial will provide
our professional expertise. Since we do not practice law, we ask that your City 1ttorney, or
other designated counsel, review the documents, we will assist your attorney in identifying any
pertinent legal issues.
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MMuniFinancial
FEE FOR SERVICES
MuniFinancial will perform the tasks described in our scope of services for the fees outlined
below.
MUNIFINANCIAL FEE FOR SERVICES
1 97Z ACT FORMATION SERVICES
CITY OF LA QU1NTA
SERVICE
FEE
Phase 1:
Feasibility Study and Benefit Analysis
$45,000
Phase 2:
Development of Outreach Strategy
$3,500-$5,000"
Phase 3:
District Formation Services
$15,500
Phase 4:
Public Outreach
Coordination of Public Outreach Efforts
$ 5,000
Public Information Meeting (per meeting)
$1,250-$3,500*
Develop and Mail FAQ Guide
$ 2,800
Polling Services (Subcontractor)
TBD
Public Relations (Subcontractor)
TBD
Phase 5: Property Owner Balloting
$ 6,800
"Price dependent upon meeting preparation required.
Notes:
• The fees above include up to seven (7) meetings, excluding the public information
mecting(s), as described in our scope of services. We will participate in additional
meetings requested by the City for an additional fee.
• Additional meetings or tasks outside our proposed scope of work will require an
additional fee.
• The fees outlined above do not include mailing costs (printing, processing and postage)
associated with the notices, ballots, workshop notices/informational mailer, and FAQ
guide. The cost of these mailings is estimated to be approximately $1.00 to $1.50 per
parcel and will be billed to the City of La Quinta at our cost, with no overhead mark-up.
Generally, it is more cost effective and efficient to utilize a mail house subcontractor to
print, process and mail the various documents to property owners. MuruFinancial will
coordinate these efforts and will invoice the City for these costs which will likely require
the City to pay for esumated postage and/or a portion of the services in advance. The
timing and need for any advance payment will be discussed with the City before
MuniFinancial implements such services.
Page 10
N W WFinandal
• The fees above include our estimated travel time for various meetings and workshops,
but do not include travel, copying, and mailing expense. (see Reimbursable Expenses
below).
• Telephone conference calls are not considered "meetings" for the purpose of our
proposal and are not limited by our scope of services.
• We will invoice the City of La Quinta monthly based on percentage of project
completion.
HOURLY RATES
Additional services authorized by the City of La Quinta will be billed at our current hourly
billing rates.
TITLE
MUNIFINANCIAL
HOURLY RATE SCHEDULE
HOURLY RATE
Division Manager
$200
Principal ConSLlltant
$190
Principal Engineer
$170
Senior Project Manager
$155
Project Manager
$135
Senior Project Analyst
$120
Senior Analyst
$110
Analyst
$90
Analyst Assistant
$75
Property Owner Services Representative
$55
Support Staff
$50
REIMBURSABLE EXPENSES
MurdFinancial will be reimbursed, at cost, for out-of-pocket expenses. Examples of
reimbursable expenses include, but are not limited to: postage, travel expenses, mileage (50.50
per mile), the cost of maps or electronic data furnished by the County and/or other applicable
resources, development and preparation of diagrams, and copying (currently 60 per copy).
These expenses will be billed to the City of La Quinta, at our cost, with no overhead markup.
NWWFinancial
Page II
PROPOSED SUMMARY OF HOURS & FEES
Total
1: Feasibility Study and Benefit Analyate
Project Coordination & Meetings
68
9.360
Database Preparation & Improvement & Budget Anayss
170
19,620
Development of Method of Apport onmenl&Memorandum
122
16,020
360
$ 46,000
2: Development of Outreach Strategy
P,olect Coordination & Meetings
17
2.386
Development of Power Point Presentation & Final Plan
24
2615
41
S 6,000
3: District Formation Services
Preparation of Documents
108
13,790
Meetings and Document Modifications
13
1.710
121
S 16.600
1: Public Outreach
Coordinator of Public Outreach Effors
32
5.000
Prepare & Attend Workshops (Each)
26
3.000
Develp and Mad FAQ Guido
25
2,800
Polling Seances (Subcontractor)
'
Public Relations (Subcontractor)
---
83
S 10.800
5: Property Owner Balloting
Preparing & Processing Notices & Ballots
27
3,025
Public Heating& Ballot Tabulation
r !0
3775
57
S 6.800
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N WWRnanciW
PROJECT TEAM
We have selected senior professionals for the City's project. We are confident that the
MuniFinancial team has a depth of experience that will successfully fulfill the City's desired
work performance.
Mr. Chris Fisher, Principal Consultant, will serve as principal -in -charge. lie will oversee the
quality of work products and assure timely completion of the project. Mr. Fisher is one of our
lead consultants and technical advisors for special district formations and will provide
technical oversight and expert advice throughout the project.
blr. Jim McGuire, Senior Project Manager, will serve as project manager for this
engagement. He will organize and direct consultant tasks and ensure that the deliverables are
completed on time and within budget. Mr. McGuire will be the City's day-to-day contact and
will also be present at meetings during the engagement. Mr. McGuire is one of
MuniFinancial's lead technical advisors for Landscaping and Lighting Districts, Proposition
218 re -engineering evaluations, fiscal analyses, cost recovery studies and long-term strategic
planning for maintenance districts.
Ms. Camille Mahant and Ms. Jennifer Carter will provide analytical support for this i
engagement. They will be responsible for data gathering and notice drafting, with ongoing
review of work products provided by Mr. McGuire. Nis. Mahant and Ms. Carter will also be
responsible for coordinating with the City to ensure that data gathering tasks proceed
smoothly and to minimize the burden on City staff. Additional analysts will be assigned to the
project as needed.
Mr. Richard Kopecky, P.E., will serve as project assessment engineer. He will provide
input into the project approach, apply assessment methodology, review project costs, and act
as a resource for discussing the practicality of the resulting assessment rates and proposed
financing methods.
RESUMES
Resumes for the team of professionals proposed for this engagement follow for your review.
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Z MuniFinancial
CHRIS FISHER
8 Years Experience
Areas of Expertise
Chris Fisher is a Principal Consultant in the Financial Consulting Services
Division at Muni Financial. He is one of MumFinancial's experts to
Community Facilities District (CFD) and Assessment District formation and
administration.
Prior to joining the Financial Consulting Services group, Mr. Fisher served as
Senior Project Manager for the Northern California region in the District
Administration Services Group at MuniPinancial. He has specialized expertise
in the administration of 1915 Act Assessment Districts, 1972 Act Landscape
and Lighting Districts, 1982 Benefit Assessment Districts, and Mello -Roos
Project Highlights
Community Facilities Districts, including.
Administration of Marks -Roos and Mello -Roos Pools,
Delinquency monitoring, and
Preparation of Continuing Disclosure Reports to bondholders.
Education I
Mr. Fisher oversaw the annual administration of all of the aforementioned
district types for cities, counties, and Special Districts throughout Northern
California. Before taking over his management responsibilities, Mr. Fisher was
an analyst responsible for day-to-day district administration. Prior to joining
budget financial analyst for an airline and
Muni Financial, he worked as a and
an electronics corporation.
Professional
RELATED EXPERIENCE
Affiliations
Community Facilities Districts
• City of Rialto: CFD No. 2006-1 (Elm Park), financing of infrastructure
improvements and impact fees.
• Town of Apple Valley: CFD No. 2006-1 (Ravenswood), CFD No. 2006-
2 (Bell Mountain Estates), CFD No. 2006-3 (Sky Haven Ranch), CFD No.
2006-4 (Vista Del Sol), financing of infrastructure and fees.
• City of Escondido: CFD No. 2006-t (Eureka Ranch), financing of
infrastructure improvements and impact fees.
� •City of Galt: CFD No. 2005-1 (Public Safety Services), and Annexations
Nos. 1, 2, 3 and 4.
• City of Union City: CFD No. 2005-1 (Public Services).
• Val Verde Unified School District: Citation Homes CFD No. 2003-1,
John Laing Homes CFD No. 2003-2.
• City of Palm Desert: CND No. 2005-1 (University Park), financing of
street, sewer and storm drain improvements, fees and park improvements.
• City of Chula Vista: CFD No. 12M, service district to provide for
trtaintenance of habitat areas, parks, landscaping, and storm drain
maintenance.
Landscaping and Lighting Districts
• City of Rancho Cordova: Landscaping and Lighting District No. 2005-1.
SMuniFinaneial Page 14
• City of Chino Hills: Landscaping and lighting District No. 1 (Vellano).
• City of Vallejo: DowntownWaterfrontLandscaping and Gghttng
District.
• City of Atascadero: Landscaping and Lighting Districts No. 01, 02, and
03.
• City of Roseville: Dunmore ]unction landscape and Lighting District
annexation.
Assessment Districts
• City of Cathedral City: Cove Improvement District No. 2004-2. Bond
Issuance - $33.8 million,
• City of Palm Desert: Highlands Utility Undergrounding No. 04-01,
• City of Palm Desert: Section 29 Assessment District - (improvements
include: roads, drainage, sewer, water lines, and utility undergroundtng).
• City of Solana Beach: Barbara-Granados Utility llndergrounding and
pacific West Circle Utility Undergrounding,
Statewide Community Infrastructure Program (SCIP)
• Statewide Community Infrastructure Program (SCIP): 2003, 2004,
2005, and 2006. Multiple counties, preparation of engineer's reports,
diagrams, and assessment spreads, and support for multiple bond issues.
Balloting Processes
• City of Cathedral City: Landscaping and Street Lighting Maintenance
District No. 1 — Benefit Zone 17, 2004, >2,400 ballots maiicd.
District Administration Services
• City of Brentwood. Assessments and Marks -Roos pooled districts
• City of West Sacramento: CFDs and Assessment Districts
• City of Elk Grove: Maintenance and Facilities CFDs
• City of Redwood City: CFDs and Assessment Districts
• City of Big Bear Lake: Assessment Districts
• Town of Apple Valley: Assessment Districts
Page 15
ZMuniFinancial
15 Years Experience
Areas of Expertise
JIM MCGUIRE
Jim McGuire, Senior Project Manager in the Financial Consulting Services
Division, specializes in parcel and property -related revenue audits, district
i administration and formations of various special districts, such as 1972 Act
j Landscaping and Lighting Districts, Community Facilities Districts, and
Benefit Assessment Districts for streets and storm drain facilities, as well as
Property, and Business Improvement Districts. Fle is one of MuniFinancial's
lead technical advisors for Proposition 218 re-engmeering evaluations, fiscal
` analyses, cost recovery studies and long-term strategic planning for
maintenance districts. Mr. McGuire has over 15-years of experience working
Project Highlights with the public and local governments on special districts. Ilis experience has
included study sessions for staff and City Councils, along with facilitation or
i technical support for advisory committees and property owner workshops.
RELATED EXPERIENCE
Formation and Strategic Planning Services
{ Mr. McGuire has been actively involved in the establishment and
i administration of numerous special districts, including Landscape and Lighting
1 Districts, Benefit Assessment Districts, Business Improvement Districts,
Education 1 Community Facilities Districts, and other special financing mechanisms to suit
j client needs. I Its recent clients include:
• City of Arcadia
• City of Atascadero
• City of Chico
• City of Fairfield
• City of Fillmore
• City of Indio
• City ofMurrieta
• City of Palm Desert
City of Palm Springs
City of Rancho Mirage
• City of Richmond
• City of Riverbank
• City of Temecula
• City of Thousand Oaks
• City of Tracy
City of Vallejo
ZMuniFinaneial Page 16
4 Years Experience I CAMILLE MAHANT
Areas of Expertise
Camille Mabant is senior analyst within Munillinancial's Financial
Consulting Services Division. She provides support for district formation and
annexation projects. Ms. Maliant's experience includes preparing public
reports for the formation of Assessment and Community Facilities Districts,
developing assessment methodologies, special tax rates and methods of
apportionment, feasibility studies, traffic impact fee studies, balloting
processes, and client and project team consultation.
RECENT EXPERICNCE
Community Facilities District
Project Highlights City of City of Chula Vista: CFD No. 12M and CFD No. 13M; CFD
No. 97-2 annexations
• City of Dana Point: CFD No. 2006-1
• Diamond Springs/El Dorado Fire Protection District: CFD No.
2006-01
• City of Palm Desert: CF'D No. 2005-1
Education Landscaping and Lighting Districts
• City of Palm Springs: Prop 218 balloting of 7 existing landscaping
and street lighting maintenance districts, 2006
• City of Paso Robles: 1.LD, consolidation and Prop 218 balloting, 2006
• City of Riverbank: Prop 218 balloting of existing Crossroads
Landscaping and Lighting District, 2006
County of Sacramento: Prop 218 balloting of existing Landscape
Maintenance District, 2007
Seminars �• City of Tracy: Prop 218 balloting of Zones 17 and 30 within existing
Consolidated Landscape Maintenance District, 2006
Assessment Districts
Big Bear Valley Recreation and Park District: Assessment District
(Aquatic Center), 2007
�• City of Fillmore: Storm Drain Maintenance District No. 07, 2007
City of Riverbank: Smnn Drain District No. 2006-01
• County of Madera: CSA 19, Rolling Hills, Assessment District (Water
improvements), 2007
• Statewide Community Infrastructure Program (SCIP): Rngincer's
j reports for counties within California, 2003-2007.
SMuniFinaneial Page 17
2 Years Experience
Areas of Expertise
Education
I
i
Seminars
JENNIFER CARTER
'ennifer Carter is an Analyst II within the Financial Consulting Services
3ivision based in MuniFinancial's Temecula office. She provides support to
;error associates for special district formation and annexation piojects. Client
nteraction also falls under her purview.
Yls. Carter's responsibilities include coordinating and conducting activities
nvolved with all aspects of the formation and annexation processes of special
listricts. She is also responsible for creating district diagrams and boundary
reaps. Ms. Carter joined MuniFinancial in May 2005.
RELATED EXPERIENCE
Assessment Districts
City of Palm Desert: Assessment District Nos. 2004-01, 2004-02
Balloting
City of Ceres: Citywide park maintenance district formation, assisted
with the tabulation of >3,600 scanned ballots.
City of Encinitas: Clean Water Regulatory Fee, assisted with the
tabulation of > I0,000 ballots.
Community Facilities Districts
Burney Fire Protection District: Services CFD No. 2006-1
City of Atascadero: Annexations into Services CFD No. 2005-1
City of Cbowebilla: Bonded CFD No. 2006-1
City of Dana Point: Bonded CFD No. 2006-1
City of Diamond Bar: Bonded CFD No. 2006-1
City of Hemet: Annexations Into Services CFD No. 2005-1
City of Palm Springs: Annexations into Services CFD No, 2005-1
Town of Apple Valley: Bonded CFD No. 2006-4
Fire Suppression Assessment Districts
Salida Fire Protection District
Landscaping and Lighting Districts
zMuniFinancial
City of Lafayette: LID No, 1979-1, Core Arca
City of Murrietar LLD No. 24, Springbrook/tMurrieta Meadows
City of Paso Robles: Landscape and Lighting Maintenance
District No. 1
Pleasant Hill Recreation and Park District: LMD, Valley High 2, 4,
5 and Woodside Ilills 1, 3
Page 18
37 Years' Experience
Areas of Expertise
Project Highlights
Education
RICHARD L. KOPECKY
On a full-time and part-time contracted basis, Mr. Ricbard L. Kopecky,
P.H., has and continues to manage engineering, building and safety, and public
works departments for several Southern California cities. As a City's
designated city engineer, building official and/or public works director, he has
directed the full services of these departments, including Assessment Districts,
budgets, building and safety plan check and inspection, City engineering, City
traffic engineering, community development block grants, construction
management and surveying, development and infrastructuic review, disaster
response and recovery, fee studies and Special District formation, landscape
architecture, planning, public works design and water and wastewater design.
He also developed and implemented the capital improvement program for
these agencies.
I Mr. Kopceky has served as the deputy building official for the City of Santa
Clanna; plus he was the City Engineer for the City of Lancaster for 11 years;
the (',try of Santa Clarna for three years; the City of California City for two
years; the Ctry of Big Beat Lake for two ycais; and for the last seven years, he
has served as City Engineer for the City of Indian Wells.
Mr. Kopeck), has extensive experience in developing solutions for the
problems and challenges experienced by engineering and building and safety
departments.
RELEVANT PROJECT EXPERIENCE
Acting in the capacity of Assessment Engineer and, in many cases, in tandem
as Civil F'.ngincer both in the designing and forming of a multitude of
1913/1915 Act Assessment Districts, h'ir. Kopecky's most recent projects
include the following agencies:
City of'Ranebo Mirage: Magnolia Assessment District, Magnesia Falls
-- Bruce Harry
City of Cathedral City: Dream Homes, East 35th Avenue and (love
Assessment Districts
WI LLDAN City of La Quinta: Assessment District 2000-2
City of Palm Desert. Section 29 Improvement District
City of Santa Clarita: Golden Valley Assessment District, Santa Clarna
Mall Community Facilities District, Vermont/Everett Road Improvement
District and the Soledad Canyon Road improvement District
City of Irvine - Stonegare Assessment District, Orchard Hills
Assessment District
City Engineer, Assessment Engineer, Public Works Director
j Metropolitan Waster District, Standby Fees - Assessment Engineer:
Willdan assists MtmiEinancial annually in administering and placing on the
tat: roll to over 950,000 parcels MWD's Readiness -To -Serve (RTS) charge
for each of its 23 member agencies. Willdan is also responsible for
reviewing requests for exemption front the R'1's by property owners and
SMuniFinaneial Page 19
preparing a report to bIWD on our findings. These exemptions may be
because water is not available to the property because of topography, may
not be developable or may be served by private wells.
Anaheim Resort Maintenance District - 1972 Act - Landscaping &
Lighting District
City of California City, Fire Suppression District - Assessment
Engineer: Willdan prepared the district report, resolution, noticing and
mailing for a fire tax to fund on -going fire protection and paramedics'
services for the City. Willdan developed a benefit analysts and
corresponding assessment amount to each of 40,000 parcels that would
benefit trom the services. Willdan tabulated the votes; and since the vote
was positive, the tax was placed on the property tax bills,
City of Cathedral City - 3ith Avenue Assessment District -
Assessment Engineer: Willdan assisted MumPinancial as the assessment
engineer in the $7 million 1913/1915 Act Assessment District that
included a mixture of single-family and multi -family residential and
commercial properties. Nincry-five percent of the properties were
improved. The improvements consisted of sanitary sewers, curb, gutter
and sidewalks, street repaving and the opening of one new fully Improved
street Willdan developed the benefit analysis, which was based on the
zotting of each parcel and its highest and best use. The benefit was based
on traffic projections, the number of possible units for sewer service and
the frontage of the parcels for street improvements. These special benefits
were translated into assessments for 364 parcels within the one-half
square mule district.
City of Lancaster/City of Santa Clarita - Various Landscaping and
Lighting Districts and Drainage Maintenance Districts - Assessment
Engineer: Willdan developed a program to establish and annex all new
subdivisions into a City Landscaping and Lighting District under the 1972
Act, In addition, subdivisions that included retention basins to hold storm
water flow on -site or underground drainage system to stabilize buttress
fills were formed into Drainage Maintenance Districts under the 1982
Act. The annual cost of maintenance and a capital improvement fund
were established for each district and/or annexation. General and special
benefits were determined and assessments assigned to each parcel in the
district/annexation. Willdan prepared the petitions for annexation,
Engineer's Report, resolution, notices and City Council agenda items to
process the district formation or annexation prior to approval of the
subdivision(s) by the City Council.
rage eu
W W WFinancial
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed Forty Five Thousand Dollars ($45,000.00) for
Phase 1: Feasibility Study and Benefit Analysis for Landscape and Lighting Act of
1972 District Formation Services except as specified in Section 1.6 - Additional
Services of the Agreement.
FEE FOR SERVICES
MuniFinancial will perform the tasks described in our scope of services for the fees outlined
below.
" Fil�filFlt�ilNRRllt'4,'F'171�,i�!`BViGE9
A
FEE
Phase 1: Feasibility Study and Benefit Analysis
$46,000
Phase 2: Development of Outreach Strategy
$3,500•$5,000"
Phase 3: District Formation Services
$15,500
Phase 4: Public Outreach
Coordination of Public Outreach Efforts
$ 5.000
Public Information Meeting (per meeting)
$1,250-$3,500"
Develop and Mail FAO Guide
$ 2,800
Polling Services (Subcontractor)
TBD
Public Relations (Subcontractor)
TBD
Phase 5: Property Owner Balloting
$ 6.800
'Price dependent upon meeting preparation required.
Notes:
The fees above include up to seven O meetings,
meeting(s), as described in our scope of services.
meetings requested by the City for an additional fee.
Additional meetings or tasks outside our proposed scope of work will require an
additional fee.
The fees outlined above do not include mailing costs (printing, processing and postage)
associated with the notices, ballots, workshop notices/informational mailer, and FAQ
guide. The cost of these mailings is estimated to be approximately $1,00 to $1.50 per
parcel and will be billed to the City of La Quints at our cost, with no overhead mark-up.
Generally, it is more cost effective and efficient to utilize a mail house subcontractor to
print, process and mail the various documents to property owners. MuniFinanctal will
coordinate these efforts and will invoice the City for these costs which will likely require
the City to pay for estimated postage and/or a portion of the services in advance. The
timing and need for any advance payment will be discussed with the City before
Mumfinancial implements such services.
excluding the public information
We will participate in additional
Page 10
NFAuniFinalcial
• The fees above include our estimated travel time for various meetings and workshops,
but do not include travel, copying, and mailing expense. (see Reimbursable Expenses
below).
• Telephone conference calls are not considered "meetings" for the purpose of our
proposal and are not limited by our scope of services.
• We will invoice the City of La Quinta monthly based on percentage of project
completion.
HOURLY RATES
Additional services authorized by the City of La Quetta will be billed at our current hourly
billing rates.
REIMBURSABLE EXPENSES
MuruFtnancial will be reimbursed, at cost, for out-of-pocket expenses. Examples of
reimbursable expenses include, but are not limited to: postage, travel expenses, mileage (50.5¢
per mile), the cost of maps or electronic data furnished by the County and/or other applicable
resources, development and preparation of diagrams, and copying (currently G¢ per copy).
These expenses will be billed to the City of La Quinta, at out cost, with no overhead markup.
NMuniFinaneial page 11
PROPOSED SUMMARY OF HOURS & FEES
CIty of La Quints
Cnywlde Park Assessment Olstrilct Formation Services
Total
Phase
Hours
Cost
Phase l: Feasibility Study and Benefit Anal is
Project Coordination & Meetings
68
9.360
Database Preparation & improvement &Budget Anaysis
170
19.620
Development of Method of Apporionment & Memorandum
122
16.020
360
f 45,000
Phase 2: Development of Outreach Strategy
Project Coordination & Meetings
17
2.385
Development of Pourer Point Presentation &Pinar Plan
24
2615
41
f 6,000
Phase 3: District Formation Services
Preparation of Documents
108
13.790
Meetings and Document Moditicnuons
13
1,710
121
f 16,600
Phase 4: Public Outreach
Coordinator of Public Outreach Efforts
32
5.000
Prepare & Attend Workshops (Each)
26
3,000
Develp and Mad FAO Guide
25
2.800
Polling Senates (Subcontractor)
-
PublicReleuons(Subcontraclor)
-
'
93
f 10,800
Phase 6: Property Owner Balloting
Preparing & Processing Notices & Ballots
27
3,025
Public Heating&Ballot Tabulation
30
3,775
67
f e 800
Page 72
W WFinanciat
Exhibit C
Schedule of Performance
Consultants Project Schedule is attached and made a part of this agreement.
Consultant shall complete Phase 1: Feasibility Study and Benefit Analysis services
presented within the scope of work contained within Exhibit "A" in accordance
with the attached project schedule.
Exhibit D
Special Requirements
None.