2023-24 Fieldman, Rolapp & Assoc. - Debt Mgmt Review ServicesMEMORANDUM ta Qa�&a
DATE: August 17, 2023
TO: Monika Radeva, City Clerk
FROM: Rosemary Hallick, Principal Management Analyst
RE: Fieldman, Rolapp & Associates, inc — Land -based Financing Policy and Debt
Management Review Services
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Approved by City Council on
F-1- City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Jr L Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
❑_ Bid F-1. R F P F-1 RFQ Z 3 written informal bids
QSole Source E Select Source El Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
F✓ _ Agreement payment will be charged to Account No.: 101-1006-60103
❑✓J Agreement term: Start Date 8/1/2023 End Date 6/30/2024
1r L Amount of Agreement, Amendment, Change Order, etc.: $15,000
REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
W]
MM
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Laurie McGinley Date: 8/22/2023
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE; Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
MM
Business License No.
Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
G EM of tbr 1) ES E It I'
CITY OF LA QUINTA
SHORT -FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this First day of August, 2023,
("Effective Date") by and between the City of La Quinta, a Municipal Corporation and Charter City
organized under the Constitution and laws of the State of California with its principal place of business at
78495 Calle Tampico, La Quinta, CA ("City") and Fieldman, Rolapp & Associates, Inc, with its principal
place of business at 19900 MacArthur Boulevard, Irvine, CA, 92612 ("Vendor"). City and Vendor are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached
Exhibit "A."
3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the
date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B."
4. TERM. The term of this Agreement shall be from August 1, 2023, to June 30, 2024, unless earlier
terminated as set forth in the attached Terms and Conditions. This Agreement may be extended for an
additional year upon written agreement by both Parties.
5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement
at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation
exceed Fifteen Thousand Dollars ($15,000) for the Term of this Agreement, without written amendment.
6. FORCE MAJEURE. The time period specified 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 Vendor 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 Vendor shall within ten (10)
days of the commencement of such delay notify the City in writing of the causes of the delay. The City
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 their judgment such delay is justified, and the City's determination
shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for
performance of services, which are determined by the City to be justified pursuant to this Section, shall not
entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing.
7. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
8. INSURANCE. In accordance with Section 4 of Exhibit 'A" Vendor shall, at its expense, procure and
maintain for the duration of the Agreement such insurance policies as checked below and provide proof of
such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General
Liability Insurance that name Additional Insureds as follows: The City of La Quinta, its officers,
officials, employees and agents.
Commercial General Liability Insurance:
® $1,000,000 per occurrence/$2,000,000 aggregate OR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
® Additional Insured Endorsement naming City of La Quinta
® Primary and Non -Contributory Endorsement
Automobile Liability:
❑ $1,000,000 combined single limit for bodily injury and property damage.
❑ Auto Liability Additional Insured
Workers' Compensation:
® Statutory Limits / Employer's Liability $1,000,000 per accident or disease
® Workers' Compensation Endorsement with Waiver of Subrogation
Professional Liability (Errors and Omissions):
® Errors and Omissions liability insurance with a limit of not less than $1,000,000
per claim
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IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the
day and year first above written.
CITY OF LA QUINTA
a California Municipal Corporation,
and Charter City
&."-, E4----
ROSEMARY HALLICK
Principal Management Analyst
Required for over $5,000:
�A
CLAUDIA MA iNEZ
Finance Director/City Treasurer
ATTEST:
MONIKA RADE A, Ci lerk
City of La Quinta, California
APPROVED AS TO FORM
-
i 66�-', r�
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
VENDOR NAME: Fieldman, Rolapp & Associates, Inc.
3
r James V. Fabian
Principal
EXHIBIT "A"
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid on a time
and materials or lump sum basis, as may be set
forth in Exhibit "C", within 30 days of completion
of the Work and approval by the City.
2. Compliance with Law. Vendor shall comply
with all applicable laws and regulations of the
federal, state and local government. Vendor shall
assist the City, as requested, in obtaining and
maintaining all permits required of Vendor by
Federal, State and local regulatory agencies.
Vendor is responsible for all costs of clean up
and/or removal of hazardous and toxic
substances spilled as a result of his or her Work.
3. Standard of Care. The Vendor shall perform
the Work in accordance with generally accepted
professional practices and principles and in a
manner consistent with the level of care and skill
ordinarily exercised by members of the
profession practicing under similar conditions.
4. Insurance. The Vendor shall take out and
maintain, during the performance of all work
under this Agreement: A. Commercial General
Liability Insurance in the amounts specified in
Section 8 of the Agreement for bodily injury,
personal injury and property damage, at least as
broad as Insurance Services Office Commercial
General Liability coverage (Occurrence Form CG
0001), and if no amount is selected in Section 8
of the Agreement, the amounts shall be
$1,000,000 per occurrence/$2,000,000
aggregate; B. Automobile Liability Insurance for
bodily injury and property damage including
coverage for owned, non -owned and hired
vehicles, of at least $1,000,000 per accident for
bodily injury and property damage, at least as
broad as Insurance Services Office Form Number
CA 0001 (ed. 6/92) covering automobile liability,
Code 1 (any auto); C. Workers' Compensation
in compliance with applicable statutory
requirements and Employer's Liability Coverage
of at least $1,000,000 per accident or disease.
Vendor shall also submit to City a waiver of
subrogation endorsement in favor of city, and D.
Professional Liability (Errors and Omissions)
coverage, if checked in section 6 of the
Agreement, with a limit not less than $1,000,000
per claim and which shall be endorsed to include
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contractual liability. Insurance carriers shall be
authorized by the Department of Insurance, State
of California, to do business in California and
maintain an agent for process within the state.
Such insurance carrier shall have not less than
an "A"; "Class VII" according to the latest Best
Key Rating unless otherwise approved by the
City.
5. Indemnification. The Vendor shall indemnify
and hold harmless the City, its Council, members
of the Council, agents and employees of the City,
against any and all claims, liabilities, expenses or
damages, including responsible attorneys' fees,
for injury or death of any person, or damage to
property, or interference with use of property, or
any claim of the Vendor or subcontractor for
wages or benefits which arise in connection with
the performance of this Agreement, except to the
extent caused or resulting from the active
negligence or willful misconduct of the City, its
Council, members of the Council, agents and
employees of the City. The foregoing indemnity
includes, but is not limited to, the cost of
prosecuting or defending such action with legal
counsel acceptable to the City and the City's
attorneys' fees incurred in such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the
State of California. If any action is brought to
interpret or enforce any term of this Agreement,
the action shall be brought in a state or federal
court situated in the County of Riverside, State of
California.
7. Termination. The City may terminate the
services procured under this Agreement by giving
10 calendar days written notice to Vendor. In
such event, the City shall be immediately given
title and possession to any original field notes,
drawings and specifications, written reports and
other documents produced or developed for the
services. The City shall pay Vendor the
reasonable value of services completed prior to
termination. The City shall not be liable for any
costs other than the charges or portions thereof
which are specified herein. Vendor shall not be
entitled to payment for unperformed services, and
shall not be entitled to damages or compensation
for termination of work. Vendor may terminate its
obligation to provide services under this
Agreement upon 30 calendar days' written notice
to the City only in the event of City's failure to
perform in accordance with the terms of this
Agreement through no fault of Vendor.
8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone
other than the City and the Vendor. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render
the other provisions unenforceable, invalid or
illegal. Notice may be given or delivered by
depositing the same in any United States Post
Office, certified mail, return receipt requested,
postage prepaid, addressed to the parties to the
addresses set forth in the Agreement. Vendor
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shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this
Agreement without the written consent of the City,
which may be withheld for any reason. Vendor is
retained as an independent contractor and is not
an employee of the City. No employee or agent
of Vendor shall become an employee of the City.
The individuals signing this Agreement represent
that they have the authority to sign on behalf of
the parties and bind the parties to this Agreement.
This is an integrated Agreement representing the
entire understanding of the parties as to those
matters contained herein, and supersedes and
cancels any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be modified
or altered except in writing signed by both parties
hereto.
EXHIBIT "B"
SCOPE AND SCHEDULE OF SERVICES
SCOPE OF SERVICES INCLUDES:
• Review existing City debt management and land -based financing policies.
• Review City code sections related to Development Agreements and Major
Thoroughfare and Bridge Benefit Districts.
• Prepare updated land -based financing policies and suggest changes to debt
management policies or City Code sections if necessary to implement new land -
based financing policies.
• Prepare a presentation or memo to the City Council to provide an overview of the
City's updated land -based financing policies.
• Participate in all conference calls and/or zoom meetings at the request of City Staff.
SCHEDULE:
Vendor is to provide services as identified in the Scope based on an estimated time of
35 hours.
As
EXHIBIT "C
COMPENSATION FOR SERVICES
The maximum total compensation to be paid to Vendor under this Agreement shall not
exceed Fifteen Thousand ($15,000) for the Term of the Agreement, as detailed below:
• For the services listed in Exhibit B — Scope and Schedule of Services — not to
exceed Twelve Thousand Five Hundred Dollars ($12,500), based on an estimate
of approximately 35 hours to complete the engagement, per the hourly rates listed
below.
• City may request additional services in writing, on an as -needed -basis, for a total
not to exceed amount of Two Thousand Five Hundred Dollars ($2,500).
Personnel
Hourly Rate
Executive Officer ....................................................
$395.00
Principal.................................................................
$385.00
Executive / Senior Vice President ..........................
$375.00
Vice President........................................................
$320.00
Assistant Vice President ........................................
$295.00
Senior Associate ....................................................
$265.00
Associate...............................................................
$235.00
Analyst...................................................................
$135.00
Administrative Assistant ...........................................
$95.00
The table above reflects the rates in effect as of
the date of this proposal.
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