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HomeMy WebLinkAbout4.6 Agreement with Francisco & Associates, Inc. for Acquisition Audit Services for Community Facilities District and Annual Administration Services for Various Financing DistrictsSTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.6 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Agreement with Francisco & Associates, Inc. for Acquisition Audit Services for Community Facilities District and Annual Administration Services for Various Financing Districts Prepared by: Laurie Sucgang, City Engineer EXECUTIVE SUMMARY: The City Council will consider approving an agreement with Francisco & Associates, Inc. for acquisition audit services for community facilities district and annual administration services for various financing districts. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services. FINANCIAL IMPACT: Approval of the proposed agreement will not impact the General Fund and all services will be covered by approved operating budgets for the applicable financing district. Staff estimates spending no more than a total of $250,000 over three and a half years for all the districts. DESCRIPTION: The Public Works Department utilizes consultants for professional services and on-call services to assist Staff in specific areas of technical and professional expertise. Consultants are solicited through an open and competitive request for qualifications (RFQ) process to identify consulting firms with the necessary background and experience to provide services and to ensure that the cost for services is competitive. On January 4, 2021, Staff issued an RFQ for acquisition audit and administration services related to the City’s various financing districts. The RFQ was sent to consultants previously under contract with the City and to those that had expressed interest in receiving RFQs and was posted on the City's website. 62 Page 2 of 2 In response to the RFQ, Staff received proposals from Francisco & Associates, Inc. and from Improvyze LLC. After reviewing the proposals, Staff determined Francisco & Associates, Inc. was the most responsive in terms of experience, proximity, and proposed project plan. Francisco & Associates, Inc. has an extensive client list providing similar services to the California Municipal Finance Authority, the cities of Emeryville, Livermore, Oakley, and Oakland, and to unincorporated Alameda County. There are two main parts to the services to be provided by Francisco & Associates, Inc. The first part is performance of audit services for Community Facilities District No. 2015-15 (Dublin Crossing), including reviewing improvement plans and developer reimbursement applications. The second part is administration of the City’s landscaping and maintenance districts, including collecting data, reviewing budgets, preparing the annual Engineer’s Report, and submitting the annual levy to the County tax collector. Administration services are also provided for the City’s Emergency Medical Services tax and residential garbage fee. The following is the full list of districts, assessments, and fees covered in the agreement. Community Facilities District 2015-1 (Dublin Crossing) Citywide Street Lighting Maintenance District 83-1 Landscaping and Lighting Maintenance District 83-2 (Stagecoach Rd) Landscaping and Lighting Maintenance District 86-1 (Dougherty Rd) Landscaping and Lighting Maintenance District 97-1 (Santa Rita Rd) Dublin Ranch Street Lighting Maintenance District 99-1 Excise Tax for Emergency Medical Services Service Fee for Residential Garbage and Recycling Services Since the tax roll levy and fee submissions are due to the Alameda County Tax Collector’s Office in August of each year, the term of the agreement will be from July 1, 2021 through December 31, 2024, to allow for services to continue through the fall of the final year of the agreement. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving an Agreement with Francisco & Associates, Inc. for Acquisition Audit and Administration Services 2) Exhibit A to the Resolution – Consulting Services Agreement with Francisco & Associates, Inc. 3) RFQ for Acquisition Audit and Administration Services 4)Proposal from Francisco & Associates, Inc. 63 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH FRANCISCO & ASSOCATES, INC. FOR ACQUISITION AUDIT AND ADMINISTRATION SERVICES WHEREAS,Staff issued a Request for Qualifications (RFQ) for acquisition audit services for community facilities district and administration services for landscaping and lighting maintenance assessment districts, emergency medical service tax collection, and residential garbage and recycling services fee collection; and WHEREAS,the City received two responses to the RFQ; and WHEREAS,Staff reviewed and evaluated the proposals in accordance with the RFQ rating criteria and determined that Francisco & Associates, Inc. best met the City desired scope of services based on quality, completeness of the submission, and the firm’s experience with engagements of similar scope and complexity; and WHEREAS, the City desires to enter into an agreement with Francisco & Associates, Inc. for a not to exceed amount of $250,000 over a three-and-a-half-year term for audit services for community facilities district and administration services for landscaping and lighting maintenance assessment districts, emergency medical service tax collection, and residential garbage and recycling services fee collection. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Francisco & Associates, Inc., attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 64 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 1 of 14 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND FRANCISCO & ASSOCIATES, INC. FOR ACQUISITION AUDIT SERVICES AND ADMINISTRATION SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Francisco & Associates, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2024, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $250,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 Attachment 2 Exhibit A to the Resolution 65 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 2 of 14 performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense ▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; ▪ The Consultant’s signature; ▪ Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 66 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 3 of 14 Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B and shall not exceed $2,000. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 67 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 4 of 14 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 68 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 5 of 14 a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 69 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 6 of 14 d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. 4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 70 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 7 of 14 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. 4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.4 All Policies Requirements. 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.5 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 exercise any of the following remedies, which DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 71 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 8 of 14 are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: ▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ▪ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ▪ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 72 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 9 of 14 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 73 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 10 of 14 computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 74 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 11 of 14 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 75 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 12 of 14 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 76 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 13 of 14 10.10 Notices. Any written notice to Consultant shall be sent to: Ed Espinoza, Principal Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, 94583 Any written notice to City shall be sent to: City of Dublin Attn:City Engineer 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 77 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 14 of 14 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN FRANCISCO & ASSOCIATES, INC. Linda Smith, City Manager Ed Espinoza, Principal Attest: Consultant’s DIR Registration Number (if applicable) Marsha Moore, City Clerk Approved as to Form: City Attorney 3070368.1 DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 78 EXHIBIT A SCOPE OF SERVICES INTRODUCTION Consultant shall provide professional services for a number of governmental service districts, specifically acquisition and audit services for Community Facilities Districts, and administrative services for Landscaping and Lighting Maintenance Districts, Emergency Medical Service Districts (EMS), and Residential Recycling and Trash Service Districts. Acquisition and Audit Services for Community Facilities District (CFD 2015-1) City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) was formed in accordance with the Mello-Roos Community Facilities Act of 1982 (Act). CFD 2015-1 was formed for the acquisition of public improvements, which include capital public improvements, public fees, and private utility facilities authorized by the Act. Consultant shall review existing agreements and formation documents, create an acquisition audit review process, review improvement plans, bid documents, schedule of values, and review acquisition reimbursement applications. • Project Research and Process Establishment. Consultant shall review existing agreements between the City of Dublin and the Developer pertaining to CFD 2015-1. Consultant shall also establish a procedure and process, in coordination with the Developer, for the submission, review, and approval of reimbursement of authorized improvements and fees. Consultant shall provide feedback and suggestions to both the City and Developer on methods to streamline the review and reimbursement process. • Review of Developer Reimbursement Requests. Consultant shall review each reimbursement request submitted by the Developer pursuant to the Acquisition Agreement. When needed, Consultant shall request, in writing, additional documentation from the developer to substantiate acquisition eligibility when required. Upon completion of review, Consultant shall prepare and submit a written report that documents and provides the following: • A summary of costs to be reimbursed for each facility and/or discrete component • An executive summary and audit summary • Improvement location map • A summary listing of hard and soft costs • A contract summary outlining the original price, change orders (if any), final contract price, and the eligible, disallowed and ineligible portions for reimbursement including an analysis based on the lessor of cost or value • A summary of invoices, proof of payment, and lien releases provided by the developer • A recommendation from Consultant of the cost that is eligible and appropriate for reimbursement • Consultant will be asked to review both electronic as well as hard copy reimbursement requests • Consultant will need to be able to review and respond to reimbursement requests within ten business days. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 79 • Documentation. All final reports and associated documents shall be filed with the City. Consultant shall provide a tracking report of each reimbursement processed and a tracking report for cumulative reimbursements to-date. Consultant shall maintain all records for up to three years after the conclusion of work performed and make this available to the City, upon request. All work products will become property of the City and provided in the format requested. Administrative Services for Landscaping and Lighting Maintenance Districts (LLMDs) Consultant shall administer five Landscaping and Lighting Maintenance Districts formed pursuant to the Landscape and Lighting Act of 1972. The selected firm will collect data, review budgets, prepare annual Engineer’s Report, submit annual levy to the County tax collector, and prepare manual bills (hand bills) for assessments levied on properties that do not receive a property tax bill. Annual tasks will include: 1. Preparing and completing an annual Engineer’s Report for each District. 2. Completing an updated yearly assessment roll and submitting this to the County tax collector for billing purposes 3. Identifying and handbilling all parcels which are not billed by County tax collector (this may include back billing if any such parcels are identified) 4. Keeping the City apprised of any changes to legal requirements for district operations 5. Working with City staff on revenue analysis for forecasting and budget purposes (as needed) 6. Working with City staff to identify future Capital Improvement needs within districts Districts 1. Citywide Street Lighting Maintenance Assessment District 1983-1 2. Landscaping and Lighting Maintenance Assessment District 1983-2 (Stagecoach Road) 3. Landscaping and Lighting Maintenance Assessment District 1986-1 (Dougherty Road) 4. Landscaping and Lighting Maintenance Assessment District 1997-1 (Santa Rita Area) 5. Dublin Ranch Street Lighting Maintenance Assessment District 1999-1 Administrative Services for Emergency Medical Services Tax (EMS Tax) Consultant shall manage the administration of this tax collection, to include reporting all levy assessment changes to county tax collector offices. Annual tasks will include: DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 80 1. Completing an annual report, to include a review of the tax roll and identification of all parcels in need of manual billing. This report should include a list of all parcels that are paying the EMS tax in both an Excel and PDF format. 2. Completing an updated yearly assessment roll and submitting this to the County tax collector for billing purposes. 3. Identifying and handbilling all parcels which are not billed by County tax collector (this may include back billing if any such parcels are identified). (Issuing of invoices is an optional task) 4. Keeping the City apprised of any changes to legal requirements for district operations. 5. Working with City staff on revenue analysis for forecasting and budget purposes (as needed). Administrative Services for Residential Garbage & Recycling Services Fee (RGR) The City contracts with a private company to provide garbage and recycling collection, which is billed on the County Property Tax Roll with an annual flat rate. Consultant shall manage the administration of this tax collection, to include reporting all levy assessment changes to county tax collector offices. Annual tasks will include: 1. Completing an annual report, to include a review of the tax roll and identification of all parcels in need of manual billing. This report should include a list of all parcels that are paying the refuse charge in both an Excel and PDF format. 2. Completing an updated yearly assessment roll and submitting this to the County tax collector for billing purposes. 3. Keeping the City apprised of any changes to legal requirements for district operations. 4. Working with City staff on revenue analysis for forecasting and budget purposes (as needed). Administrative Services – Additional Analysis and As-needed Services Consultant shall provide additional services, as needed, to assist the City with additional analysis, budget, or consultation related to the following: • Community Facilities District No. 2015-1 • Landscaping and Lighting District Nos. 1983-2, 1986-1, and 1997-1 • Street Lighting Maintenance Assessment District Nos. 1983-1, and 1999-1 • Emergency Medical Service Tax Collection Services • Residential Garbage and Recycling Fee Collection Services Engineer’s Reports and budgets shall be adjusted, as applicable, to account for these additional as-needed services. ADMINISTRATION OF FEES COLLECTED ON PROPERTY TAX BILL For all assessment districts which will require submission to the Alameda County tax assessor, the following tasks will be required: DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 81 1. Identify Any Changes from Prior Year: Consultant will need to obtain the new tax roll from the Alameda County Assessor, or other sources. As part of the budget planning process, selected firm will need to determine changes that occur from one year to the next in terms of increases or decreases in number or size of parcels and adjust figures accordingly. Consultant shall notify City of year to year changes. 2. Review of City Staff Prepared Budget Expenditure Estimates: Assist by providing professional review of the components included in the preliminary budget expenditure estimates prepared by City Staff. Provide input on any discrepancies based upon typical components of a property related fee program. Be sure to include an annual review of all new properties coming online from new development. 3. Assist City Staff in Preparing Budget Revenue Estimates: Based on data collected in earlier steps, provide City Staff with an automated summary table to calculate scenarios comparing expenditures to projected revenue. Please describe the format used to provide revenue projections and all escalators, such as including CPI and utility increases, as well as all methodology and assumptions used. City Staff and selected consultant will work together to ensure that all projected budgets for districts match to the City’s expenditure budget and revenue estimates for the City’s two year budget cycle. Additionally, revenue forecast methodology should allow for the City to supplement the fee revenue with other sources and/ or to recognize the application of prior year fund balance in calculating the maximum allowable assessment, desired reserve balance, and actual assessment. Consultant shall become familiar with City fee philosophy and assessment district history; and other issues related to the continued successful operation of the assessment district. 4. Scheduling of Tasks: Consultant shall meet with Staff in the initial stages of the project to jointly establish preliminary dates for any scheduled public meeting and/or required public hearing. Consultant and City Staff shall verify that the schedule will meet required steps necessary to complete the process within the timelines required by law. Consultant shall have available preliminary assessment roll information as of the date of Public Hearings. In addition, Consultant will work within a specified timeframe to allow for completion of budget projections prior to City’s internal budget deadlines. 5. Attendance at Public Meetings: Consultant shall be prepared to attend two City Council meetings to answer questions related to Districts. This is an optional task for Community Facilities Districts as well as the five Landscaping and Lighting Maintenance Districts (LLMD generally all held together at the same City Council Meeting). (OPTIONAL TASK) 6. Preparation of Engineer’s Annual Levy Report: Prepare five Engineer’s Annual Levy Reports in accordance with legal requirements for Landscaping and Lighting Assessment Districts. Report shall include justification of levies, method of apportionment, district budget, and specific levies for parcels. 7. Notice & Ballots: If determined to be required by City Staff, assist with the data necessary to allow the City to distribute legal notices and ballots to be mailed due to increased assessments in accordance with legal requirements. (OPTIONAL TASK) DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 82 8. Tax Roll Levy Submittal: The selected firm shall submit the final levy for each fee / assessment to the County in the required format and by the date required, prior to the date specified by the County for each assessment district or fee specified. Assessments rejected by the County will be researched and resubmitted for collection on the County Tax Roll. Identified corrections shall also be submitted on an as needed basis in consultation with City Staff. 9. Handbilling: Selected firm will need to identify and prepare a handbilling report in order to identify parcels subject to assessment (this applies to parcels exempt from property taxes, to include: City owned land, County owned land, and tenants of City or County owned land). Selected firm will need to complete an assessment of such parcels, provide to City and work to determine eligibility and/or exemptions from this assessment. Selected firm will complete an annual report to Finance for tracking purposes. (OPTIONAL TASK) 10. Provide Customer Service for Taxpayer Inquiries: Act as the primary point of contact for any questions regarding Assessment Districts, fees, and tax bills. Consultant firm shall have their phone number listed on the property tax bill for each district, tax, and fee. 11. Final Written Reports: Firm selected shall also provide the City with a summary report of the total units assessed by the levy designation and County. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 83 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES The following is a listing of estimated fees by project/tasks. These fees do not include tasks associated with conducting a Proposition 218 balloting election should the City decide to increase assessments. If the City decides to increase assessments, a supplemental proposal will be prepared to cover the mailing and balloting services. Acquisition Audit for CFD 2015-1 T & M (Hourly Rates Below) Landscape and Lighting Maintenance Districts Street Lighting Maintenance Districts No. 1983-1 $5,750 (Lump Sum) Landscaping and Lighting Districts No. 1983-2 $2,950 (Lump Sum) Landscaping and Lighting Districts No. 1986-1 $2,950 (Lump Sum) Landscaping and Lighting Districts No. 1997-1 $2,950 (Lump Sum) Street Lighting Maintenance Districts No. 1999-1 $3,950 (Lump Sum) Emergency Medical Services Tax (EMS Tax) $2,750 (Lump Sum) Residential Garbage & Recycling Service Fee (RGR) $2,750 (Lump Sum) Francisco & Associates Current Billing Rate for Francisco & Associates, Inc. Principal Engineer/Project Manager $160.00/hour Project Engineer $140.00/hour Associate Engineer $120.00/hour Senior Project Analyst $120.00/hour Project Analyst $100.00/hour GIS Analyst $100.00/hour Clerical $65.00/hour Optional Tasks: Notices and Ballots T & M (Hourly Rates Above) Reimbursables would be billed at cost plus 15%. Reimbursable costs include County Assessor data and maps, mileage, etc. Estimated not to exceed $1,000. Mileage would be billed at $0.56/mile. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 84 Consulting Services Agreement between City of Dublin and Last revised 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Exhibit C – Page 1 of 1 EXHIBIT C INDEMNIFICATION A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement. B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault. C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City. D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 85 REQUEST FOR QUALIFICATIONS ACQUISTION AUDIT AND ADMINISTRATION SERVICES FOR VARIOUS CITY DISTRICTS ACQUISITION AUDIT SERVICES FOR COMMUNITY FACILITIES DISTRICTS ADMINISTRATION SERVICES FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ADMINISTRATION SERVICES FOR EMERGENCY MEDICAL SERVICE TAX COLLECTION ADMINISTRATION SERVICES FOR RESIDENTIAL GARBAGE AND RECYCLING SERVICES City of Dublin Nancy Nelson, Management Analyst II (925) 833-6630 Attachment 3 86 INTRODUCTION The City of Dublin is seeking professional services for a number of governmental service districts, specifically administrative services for Community Facilities Districts, Landscaping and Lighting Maintenance Districts, Emergency Medical Service Districts (EMS), and Residential Recycling and Trash Service Districts. It is in the best interest of the City to contract with a firm able to provide services for all district types. Additionally, the City will be looking for a firm who can provide one point of contact to manage efforts in order to ensure ease of communication between City Staff and the selected firm. 1.Acquisition and Audit Services for Community Facilities District (CFD 2015-1): City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) was formed in accordance with the Mello- Roos Community Facilities Act of 1982 (Act). CFD 2015-1 was formed for the acquisition of public improvements, which include capital public improvements, public fees, and private utility facilities authorized by the Act. The City seeks a firm to review existing agreements and formation documents, create an acquisition audit review process, review improvement plans, bid documents, schedule of values, and review acquisition reimbursement applications. 2.Landscaping and Lighting Maintenance Districts (LLMDs): The City seeks a firm to administer five Landscaping and Lighting Maintenance Districts formed pursuant to the Landscape and Lighting Act of 1972. The selected firm will collect data, review budgets, prepare annual Engineer’s Report, submit annual levy to the County tax collector, and prepare manual bills (hand bills) for assessments levied on properties that do not receive a property tax bill. 3.Emergency Medical Services Tax (EMS Tax): The City collects an EMS Tax to fund the cost for paramedic first responders on all fire engines. The EMS Tax is collected on the property tax roll. The City of Dublin seeks a firm able to manage the administration of this tax collection, to include reporting all levy assessment changes to county tax collector offices. 4.Residential Garbage & Recycling Services Fee (RGR): The City contracts with a private company to provide garbage and recycling collection, which is billed on the County Property Tax Roll with an annual flat rate. The City seeks a firm who is able to manage the administration of this tax collection, to include reporting all levy assessment changes to county tax collector offices. 87 Specialty Areas Requested: •Assessment Districts •Community Facilities Districts •Fee Districts •Maintenance Districts Consultant must have knowledge of: •Mello-Roos Law •Assessment District Laws •Brown Act •Propositions 218, 26 and relevant case law Deliverables •Annual Reports •Engineer’s Reports •Public Presentations (optional task) •Public Improvement Cost Reimbursement Analysis •Revenue Projection Assistance for City budget building process Please note the City reserves the right to enter into contract for any and all services as listed above. 88 ACQUISITION AUDIT SERVICES FOR COMMUNITY FACILITIES DISTRICTS Overview The City of Dublin is seeking a firm to provide acquisition audit services for Community Facilities District No. 2015-1 (Dublin Crossing), hereinafter “CFD 2015-1.” CFD 2015-1 was formed as part of the Dublin Crossing project, now called the Boulevard, located north of Dublin Boulevard, between Arnold Road and Scarlett Drive. Please see the CFD formation documents for a list of improvements and fees for City, DSRSD and Zone 7 (Attachment D). Acquisition Audit Services Project Description: 1.Project Research and Process Establishment. Consultant shall review existing agreements between the City of Dublin and the Developer pertaining to CFD 2015-1. Consultant shall also establish a procedure and process, in coordination with the Developer, for the submission, review, and approval of reimbursement of authorized improvements and fees. Consultant will provide feedback and suggestions to both the City and Developer on methods to streamline the review and reimbursement process. 2.Review of Developer Reimbursement Requests. Consultant will review each reimbursement request submitted by the Developer pursuant to the Acquisition Agreement and any amendments thereof. When needed, Consultant will request, in writing, additional documentation from the developer to substantiate acquisition eligibility when required. Upon completion of review, Consultant will prepare and submit a written report that documents and provides the following: •A summary of costs to be reimbursed for each facility and/or discrete component •An executive summary and audit summary •Improvement location map •A summary listing of hard and soft costs •A contract summary outlining the original price, change orders (if any), final contract price, and the eligible, disallowed and ineligible portions for reimbursement including an analysis based on the lessor of cost or value •A summary of invoices, proof of payment, and lien releases provided by the developer •A recommendation from Consultant of the cost that is eligible and appropriate for reimbursement •Consultant will be asked to review both electronic as well as hard copy reimbursement requests, if necessary •Consultant will need to be able to review and respond to reimbursement requests within ten business days. 3.Documentation. All final reports and associated documents shall be filed with the City. Consultant will provide a tracking report of each reimbursement processed and a tracking report for cumulative reimbursements to-date. Consultant shall maintain all records for up to three years after the conclusion of work performed and make this available to the City, upon request. All work products will become property of the City and provided in the format requested. 89 LANDSCAPING AND LIGHTING MAINTENACE DISTRICT SERVICES The City is seeking a firm who is able to assist with property fee administration services for Landscaping and Lighting Maintenance Districts. The City maintains five such Maintenance Districts. Annual tasks will include: 1. Preparing and completing an annual Engineer’s Report for each District 2.Preparing staff report and resolutions for City Council 3.Completing an updated yearly assessment roll and submitting to County tax collector for billing purposes 4. Identifying, reporting on and handbilling all eligible parcels which are not billed by County tax collector (this may include back billing if any such parcels are identified) 5.Keeping the City apprised of any changes to legal requirements for district operations 6.Working with City staff on revenue analysis for forecasting and budget purposes (as needed) 7. Working with City staff on any required audits 8.Working with City staff to identify future Capital Improvement needs within districts The City of Dublin will retain the responsibility for the preparation of the required engineering and construction work associated within the Assessment Districts’ boundaries. However, the firm must be sufficiently familiar with laws and regulations related to the collection of property related fees and the format required for submittal of the tax roll data to Alameda County. Districts 1.Citywide Street Lighting Maintenance Assessment District 1983-1 This District was established in 1983 to replace the County Service Area following the City’s incorporation. This District provides street lighting citywide, with the exception of the Dublin Ranch Community. 2.Landscaping and Lighting Maintenance Assessment District 1983-2 (Stagecoach Road) This District was established in 1983 and is limited to neighborhoods adjacent to Stagecoach Road, in order to fund landscape maintenance and supporting utilities (irrigation water and electric timers) for roadside landscaping. 3.Landscaping and Lighting Maintenance Assessment District 1986-1 (Dougherty Road) This District was established in 1986 and includes single and multi-family homes. There is one small commercial property that is assessed at four times the single-family rate. 4.Landscaping and Lighting Maintenance Assessment District 1997-1 (Santa Rita Area) This District was established in 1997 in order to fund the cost of roadside landscaping maintenance and utilities in the Santa Rita area, formerly owned by Alameda County. 5.Dublin Ranch Street Lighting Maintenance Assessment District 1999-1 This District was established in 1999 for maintenance and utility costs for decorative street lighting in Dublin Ranch and other developments that are not using the standard Type 15/cobra head streetlight. There may be additional annexations to this District as new areas develop. 90 For copies of the Fiscal Year 2020-21 Engineer’s Reports: http://dublin.ca.gov/301/Assessment- Districts EMERGENCY MEDICAL SERVICE (EMS) TAX The City is seeking a firm who is able to assist with the administration of EMS fee collection services. Annual tasks will include: 1.Completing an annual report, to include a review of the tax roll and identification of all parcels in need of manual billing. This report should include a list of all parcels that are paying the EMS tax in both an Excel and PDF format. 2.Completing an updated yearly assessment roll and submitting this to the County tax collector for billing purposes. 3.Identifying and handbilling all parcels which are not billed by County tax collector (this may include back billing if any such parcels are identified). (Issuing of invoices is an optional task) 4.Keeping the City apprised of any changes to legal requirements for district operations. 5.Working with City staff on revenue analysis for forecasting and budget purposes (as needed). EMS taxes offset a portion of the cost to have paramedic first responders on all Fire Engines. In 1997, 84.4% of the voters in a special election approved a City-wide Emergency Medical Services tax to be collected on the property tax roll. Selected firm will work with City to identify and submit updated parcel data to the County tax collector for inclusion on tax rolls. RESIDENTIAL GARBAGE AND RECYCLING SERVICES The City is seeking a firm who is able to assist with the administration of residential garbage and recycling fee collection services. Annual tasks will include: 1.Completing an annual report, to include a review of the tax roll and identification of all parcels in need of manual billing. This report should include a list of all parcels that are paying the refuse charge in both an Excel and PDF format. 2.Completing an updated yearly assessment roll and submitting this to the County tax collector for billing purposes. 3.Keeping the City apprised of any changes to legal requirements for district operations. 4. Working with City staff on revenue analysis for forecasting and budget purposes (as needed). 91 Residential garbage and recycling fees are billed at a flat annual rate. Historical data must be used to exclude parcels serviced by a centralized bin. Selected consultant may also be asked to assist the City in calculating rates and adding any additional multifamily parcels to the roll. The City contracts with a private company to provide garbage and recycling collection. For residential projects that do not have a centralized bin, the basic cost of residential garbage and recycling service is collected on the Property Tax bill. The City then pays the Company. Residents can subscribe to a higher service level and are billed by the Company for the difference in increased service. ADMINISTRATION OF FEES COLLECTED ON PROPERTY TAX BILL For all assessment districts which will require submission to the Alameda County tax assessor, the following tasks will be required: 1)Identify Any Changes from Prior Year: Consultant will need to obtain the new tax roll from the Alameda County Assessor, or other sources. As part of the budget planning process, selected firm will need to determine changes that occur from one year to the next in terms of increases or decreases in number or size of parcels and adjust figures accordingly. Consultant shall notify City of year to year changes. 2.Review of City Staff Prepared Budget Expenditure Estimates: Assist by providing professional review of the components included in the preliminary budget expenditure estimates prepared by City Staff. Provide input on any discrepancies based upon typical components of a property related fee program. Be sure to include an annual review of all new properties coming online from new development. 3.Assist City Staff in Preparing Budget Revenue Estimates: Based on data collected in earlier steps, provide City Staff with an automated summary table to calculate scenarios comparing expenditures to projected revenue. Please describe the format used to provide revenue projections and all escalators, such as including CPI and utility increases, as well as all methodology and assumptions used. City Staff and selected consultant will work together to ensure that all projected budgets for districts match to the City’s expenditure budget and revenue estimates for the City’s two-year budget cycle. Additionally, revenue forecast methodology should allow for the City to supplement the fee revenue with other sources and/ or to recognize the application of prior year fund balance in calculating the maximum allowable assessment, desired reserve balance, and actual assessment. Consultant shall become familiar with City fee philosophy and assessment district history; and other issues related to the continued successful operation of the assessment district. 5.Scheduling of Tasks: Consultant shall meet with Staff in the initial stages of the project to jointly establish preliminary dates for any scheduled public meeting and/or required public hearing. Consultant and City Staff shall verify that the schedule will meet required steps necessary to complete the process within the timelines required by law. Consultant shall have available preliminary assessment roll information as of the date of Public Hearings. In addition, Consultant will work within a specified timeframe to allow for completion of budget projections prior to City’s internal budget deadlines. 6.Attendance at Public Meetings: Consultant shall be prepared to attend two City Council meetings to answer questions related to Districts. This is an optional task for Community Facilities Districts as well as 92 the five Landscaping and Lighting Maintenance Districts (LLMD generally all held together at the same City Council Meeting). (OPTIONAL TASK) 7. Preparation of Engineer’s Annual Levy Report: Prepare five Engineer’s Annual Levy Reports in accordance with legal requirements for Landscaping and Lighting Assessment Districts. Report shall include justification of levies, method of apportionment, district budget, and specific levies for parcels. 8. Notice & Ballots: If determined to be required by City Staff, assist with the data necessary to allow the City to distribute legal notices and ballots to be mailed due to increased assessments in accordance with legal requirements. (OPTIONAL TASK) 9. Tax Roll Levy Submittal: The selected firm shall submit the final levy for each fee / assessment to the County in the required format and by the date required, prior to the date specified by the County for each assessment district or fee specified. Assessments rejected by the County will be researched and resubmitted for collection on the County Tax Roll. Identified corrections shall also be submitted on an as needed basis in consultation with City Staff. 10. Handbilling: Selected firm will need to identify and prepare a handbilling report in order to identify parcels subject to assessment (this applies to parcels exempt from property taxes, to include: City owned land, County owned land, and tenants of City or County owned land). Selected firm will need to complete an assessment of such parcels, provide to City and work to determine eligibility and/or exemptions from this assessment. Selected firm will complete an annual report to Finance for tracking purposes. (OPTIONAL TASK) 11. Provide Customer Service for Taxpayer Inquiries: Act as the primary point of contact for any questions regarding Assessment Districts, fees, and tax bills. Consultant firm shall have their phone number listed on the property tax bill for each district, tax, and fee. 12. Final Written Reports: Firm selected shall also provide the City with a summary report of the total units assessed by the levy designation and County. 93 BACKGROUND AND TIMELINE FOR CITY OF DUBLIN CURRENT ASSESSMENTS / TAXES / FEES Assessments / Taxes / Fees Collected On Property Tax The services sought through this RFQ will address a total of eight (8) separate levies comprised of: one (1) Community Facilities District (CFD) 2015-1; five (5) Landscaping & Lighting Assessment Districts (AD); one (1) Excise Tax for Emergency Medical Services (EMS); and one (1) Service Fee for Residential Garbage & Recycling Services (RGR). CFD review will be conducted on an ongoing basis depending upon Developer’s submittal of a reimbursement request. LLMD review generally involves a December review of budgets, drafting of Engineer’s Reports beginning in February, Approval of reports in May and submission to the County Tax collector in early August. EMS and RGR fees are also submitted to the County Tax collector in August. 94 RFQ Submittal Requirements Please prepare and organize your Statement of Qualification based on the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your Statement of Qualification. Please note however that the RFQ submittal is limited to 15 pages maximum (excluding resumes). Page limit excludes a table of contents, divider pages, and resumes for Consultant’s team. Proposers shall submit electronic copy to: Nancy Nelson, Management Analyst II Nancy.Nelson@dublin.ca.gov AND Emily Determan, Office Assistant II Emily.Determan@dublin.ca.gov Electronic copies shall be submitted by emailed PDF only. Schedule for RFQ Process January 4, 2021 RFQs posted on City webpage and emailed to Interested Parties* January 13, 2021 Deadline to submit questions to City of Dublin January 15, 2021 Addendum posted, if required January 25, 2021 Proposals are due no later than 4:00 PM. Late submittals will not be accepted. February of 2021 Interview firms (optional) April 6, 2021 Consulting Services Agreement scheduled for approval by the Dublin City Council. July 1, 2021 Contract effective date (Tentative dates, subject to change) Submission received after the stated deadline will not be accepted for consideration. All changes and addendums will be posted to the City website: http://www.dublin.ca.gov/bids.aspx 95 STATEMENT OF QUALIFICATIONS CHECKLIST 1.Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide acquisition audit services to the City. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. In addition, please provide contact information for the project manager, including phone number. Please include this cover letter as page one. 2.State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity for each project category. The City does recognize that there may be different staff supporting varying functions of this project proposal. 3.Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed. It is desired that firms list references specifically for CFD and AD services, where possible. 4.List key staff members, including identification of the Project Manager/primary point-of-contact, as well as individual project leads. Include each team member’s availability, and the ability of being able to complete the project in time and budget. 5.Provide an approach to providing each type of service, showing the flow of various tasks and demonstrating a clear understanding of the requested work. 6.Provide a project schedule in the form of a draft calendar for Fiscal Year 2021-2022, listing all tasks required for all requested services. Please be sure to indicate the District or Fee for each service or type of service. 7.Present proposed project budgets, to include a compensation rate schedule for time and materials. Firms should list this separately for each of the five projects and list line item pricing for any optional tasks. 8.Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the submission. 9.Provide confirmation of your firm’s ability to meet the City’s Conflict of Interest requirements, including submission of a current client list, as described in the Conflict of Interest section of this RFQ. 10.Example reports or other example work product. 96 Standard Consulting Agreement: It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement is planned to begin July 1. 2021, for a three-year term. A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A. If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating submissions. Otherwise, the interested firm is to state in the submission that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submission. Conflict of Interest Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. 97 Review and Selection Process The City reserves the right to make a selection based on its sole discretion. A subcommittee selected by City Staff will evaluate Statement of Qualifications provided in response to this RFQ. Informal interviews may be conducted by City staff, and may include more than one firm that has submitted a Statement of Qualifications. The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFQ. The City reserves the right to reject any and all Statement of Qualifications prior to execution of the Agreement, Submitted Statement of Qualifications will be evaluated and scored using the following criteria: •Qualifications and specific experience of key project team members. •Ability to designate one main point of contact for all project areas. •Quality and completeness of the submission. •Experience with engagement of similar scope and complexity. •Satisfaction of previous clients. •Cost of providing the consultant services for this project. 98 Attachment A Consulting Services Agreement Attachments to the RFQ removed for May 4, 2021 City Council Meeting 99 City of Dublin Request for Qualifications For Acquisition Audit & Administration Services for Various City Districts Prepared by Francisco & Associates, Inc. Contact Person: Ed Espinoza, P.E. 231 Market Place, Suite 543 San Ramon, CA 94583 Phone: (925) 867-3400 February 9, 2021 Attachment 4 100 TABLE OF CONTENTS FRANCISCO & ASSOCIATES, INC. i PAGE NO. SECTION I – Firm Qualifications and Experience ..................................................................................... 1-1 SECTION II – Similar Engagements and References ................................................................................ 2-1 Acquisition Audit Services .................................................................................. 2-1 Landscape and Lighting Maintenance Districts .......................................... 2-2 Emergency Services (EMS Tax) ....................................................................... 2-3 Garbage and Recycling Services ....................................................................... 2-4 SECTION III – Staff Resumes and Experience ........................................................................................... 3-1 Eduardo R. Espinoza, P.E. Resume ................................................................... 3-3 Brian Brown, MPA Resume ................................................................................ 3-7 Dennis Anderson Resume ................................................................................. 3-10 Joseph A. Francisco, P.E. Resume ................................................................... 3-16 SECTION IV – Specific Approach, Scope of Work, and Project Schedule ......................................... 4-1 Acquisition Audit Services .................................................................................. 4-1 Landscape and Lighting Maintenance Districts .......................................... 4-2 Emergency Services (EMS Tax) ....................................................................... 4-5 Garbage and Recycling Services ........................................................................ 4-6 Project Schedules ................................................................................................... 4-8 SECTION V – Proposed Project Fees and Rate Schedules ...................................................................... 5-1 APPENDIX “A” – Example Work Landscape and Lighting Maintenance Districts .......................................... A-1 Acquisition Audit Services ................................................................................. A-2 101 231 Market Place ~ Suite 543 ~ San Ramon, CA 94583 (925) 867-3400 ~ fax (925) 867-3415 O:\$$Marketing\$Agencies\Dublin\Admin\2021\Response to RFQ\Cover Letter.docx February 9, 2021 Emily Determan City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Proposal to Provide Acquisition Audit Services for CFD No. 2015-1 and Annual Administration Services for Various Financing Districts within the City of Dublin Dear Emily: Please find enclosed our proposal to provide acquisition audit services for the City of Dublin’s CFD No. 2015-1 and annual administration services for the City of Dublin’s Street Lighting Maintenance District Nos. 1983-1 and 1999-1 & Landscaping and Lighting District Nos. 1983-2, 1986-1, 1997-1, Emergency Medical Services (EMS) tax, and Residential Garbage and Recycling Services charge. Francisco & Associates, Inc. is committed to continuing to provide excellent service to the City of Dublin if given the opportunity. The Principal-in-Charge and your main point of contact will be Ed Espinoza, P.E. who has over 12 years of municipal engineering and finance experience which includes the formation and administration of various special financing districts. Mr. Espinoza currently is assisting the cities of Brentwood, Dublin, Hercules, Lincoln, and Oakley with the formation and administration of their Community Facilities Districts and Landscape and Lighting Assessment Districts. Mr. Espinoza will be supported by Brian Brown and Dennis Anderson who will be Project Managers assisting with the administration services and acquisition audit services. Brian has over 15 years of experience in the formation and administration of Special Financing Districts and has successfully developed financial and managerial solutions to help municipalities better manage their special financing districts. Dennis has over 20 years of municipal finance experience which includes numerous acquisition audits and the formation and administration of over 100 special financing districts. In addition, Joseph Francisco, P.E. will be the Quality Control Engineer and has over 30 years of municipal engineering experience which includes the formation and administration of over 200 special financing districts. Together, the key staff members have over 70 years of municipal engineering and public finance experience. If you have any questions or comments regarding our proposal, please give me a call at (925) 867-3400. Sincerely, FRANCISCO & ASSOCIATES, INC. Ed Espinoza, P.E. Principal A Financial Services Group 102 SECTION I FIRM QUALIFICATIONS AND EXPERIENCE FRANCISCO & ASSOCIATES, INC. SECTION I FIRM QUALIFICATIONS AND EXPERIENCE 103 SECTION I FIRM QUALIFICATIONS AND EXPERIENCE FRANCISCO & ASSOCIATES, INC. 1-1 Francisco & Associates, Inc. is a corporation and a certified small business with the State of California. Our firm was established in the San Francisco Bay Area in 2000 to provide financial and assessment engineering services to the public sectors throughout the state of California. The principal staff members of Francisco & Associates, Inc. have over 70 years of combined public financing and municipal engineering experience, which involves the formation and administration of over 200 special financing districts. The services provided by Francisco & Associates, Inc. generally consist of:  Acquisition Audit Services  Maintenance District Formation & Administration (1972 Act)  Assessment District Formation & Administration (1913/1915 Act)  Community Facility District Formation & Administration (Mello-Roos Act)  Special Fee District Formation & Administration  Special Tax District Formation & Administration  Cost Reimbursement Districts  Geological Hazard Abatement Districts  Proposition 218 Compliance  Public Relations/Noticing & Balloting The staff at Francisco & Associates, Inc. has performed a variety of tasks associated with the aforementioned services including, but not limited to, conducting over $500 million in acquisition audit services, preparation of Assessment Engineering Reports, Proposition 218 compliance reviews, Special Tax/Fee Reports and Special Tax/Fee Audits, preparation of Feasibility Studies, development of Special Tax formulas, development of operational budgets, Special Tax forecasting, continuing disclosures, and public presentations to neighborhood groups (HOAs), organized community groups, City Councils, Boards of Supervisors, Boards of Directors and at public finance seminars. Another important factor that occurs behind the scenes in our company is our quality control program. When a company, such as ours, is responsible for the levying of almost $400 million in assessments, special taxes, and fees on over 3.9 million parcels annually it is extremely important to have in place sound quality control measures. Our quality control program is comprehensive and extremely rigorous which is why if you talk to any of our clients you will hear that our work is accurate, clear, and concise. The goals for our company are quite simple; listen to our clients, provide quality service with a personal touch and be extremely responsive. Because these goals have always been instilled in our staff it has allowed us to say that none of our existing clients have ever strayed to one of our competitors. This unprecedented record is the result of our quality work, attention to detail and listening to our clients’ needs. We have reviewed the City’s Standard Consulting Agreement and insurance requirements and have determined that Francisco & Associates, Inc. can meet these requirements. Also, Francisco & Associates, Inc. does not have any potential conflicts of interest in working for the City of Dublin. Our firm does not have any private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda. 104 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. SECTION II SIMILAR ENGAGEMENTS AND REFERENCES 105 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. 2-1 This section provides a brief description of work performed by key staff members of Francisco & Associates, Inc. on projects of similar scope related to Acquisition Audit Services, Landscape and Lighting Maintenance Districts, Emergency Medical Services Tax, and Garbage and Recycling Services. Also listed below are the corresponding references for each project. We encourage you to give them a call and hear firsthand about our quality service and commitment to their projects. If you should need additional references, we can provide them upon your request. 1. ACQUISITION AUDIT SERVICES City of Dublin (CFD No. 2015-1 Dublin Crossing) Acquisition Audit Services – $60+ million as of January 2021 Francisco & Associates, Inc. has assisted the City of Dublin with providing acquisition audit services for CFD No. 2015-1 (Dublin Crossing) since 2018. The services provided have consisted of establishing a procedure and process for the submission, review, and approval of reimbursement requests for authorized improvements and development related fees; assisting with amending the previously approved Acquisition Agreement; and auditing $60+ million in reimbursement requests consisting of City fees, Dublin San Ramon Services District fees, and infrastructure such as roadway, sewer, water, storm drainage, reclaimed water, traffic signals, and storm water quality improvements. Project Reference: Laurie Sucgang, P.E., Assistant Public Works Director/City Engineer (925)-833-6630 e: laurie.sucgang@dublin.ca.gov California Municipal Finance Authority (10 CFDs through BOLD Program) Acquisition Audit Services – $25+ million as of January 2021 The California Municipal Finance Authority (CMFA) is a Joint Powers Authority that assists developers, municipalities, and school districts throughout the State to collaborate in the financing of public infrastructure projects and development related fees through their Bond Opportunities for Land Development (BOLD) program. Francisco & Associates, Inc. has assisted CMFA, developers, and various public agencies with providing acquisition audit services for 10 Community Facilities Districts since 2018. The services provided have consisted of assisting with the preparation and execution of Acquisition Agreements; establishing procedures and processes for the submission, review, and approval of reimbursement requests for authorized improvements and development related fees; and auditing $25+ million in reimbursement requests consisting of development related fees and infrastructure such as roadway, sewer, water, storm drainage, reclaimed water, traffic signals, and storm water quality improvements. Project Reference: Travis Cooper, Financial Advisor for CMFA (760) 795-9185 e: tcooper@cmfa-ca.com 106 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. 2-2 City of Oakley (Gilbert Ranch and Emerson Ranch Reimbursement Agreements) Reimbursement Amount – $5.5 million Francisco & Associates, Inc. assisted the City of Oakley with the preparation and approval of two separate agreements between the City and developers to reimburse the developers for construction costs associated with stormwater improvements for the Gilbert Ranch and Emerson Ranch developments. The services provided included preparation of an application form per City Municipal Code, evaluation of costs submitted for reimbursement, preparation of the reimbursement agreement and exhibits, preparation of notice of public hearing packages sent to property owners, and preparation of City Council documents for the Public Hearing. Project Reference: Kevin Rohani, Public Works Director/City Engineer p: (925) 625-7003 e: Rohani@ci.oakley.ca.us 2. LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS City of Dublin (Street Lighting Maintenance District Nos. 1983-1 and 1999-1 and Landscape and Lighting Assessment District Nos. 1983-2, 1986-1, and 1997-1) No. of Combined Assessable Parcels Annually – 21,518 FY 2020-21 Combined Assessment Revenue – $1.2 million Francisco & Associates, Inc. has assisted the City of Dublin with the annual administration of their five Street Lighting and Landscape and Lighting Assessment Districts which fund the operation and maintenance of public streetlights and landscaping improvements located in various developments in the City. The five Districts assess approximately 21,500 parcels combined to collect more than $1,200,000 annually. Each year Francisco & Associates, Inc. prepares the Engineer’s Reports and associated Council documents, updates the assessment district databases, assist in the development of maintenance budgets, calculate, and place the assessments on the property tax roll, prepares a listing of parcels to be manually billed, and answers property owner questions throughout the year. Project Reference: Nancy Nelson, Management Analyst II p: (925) 833-6630 e: nancy.nelson@dublin.ca.gov City of Oakland (Citywide Landscape and Lighting District) No. of Combined Assessable Parcels Annually – 106,553 FY 2020-21 Combined Assessment Revenue – $18.3 million Francisco & Associates, Inc. has assisted the City of Oakland with the annual administration of their Landscape and Lighting District which funds the operation and maintenance of the City’s streetlights, landscaping, and parks facilities. The District includes three (3) zones of benefit and assesses approximately 106,500 parcels to collect more than $18,000,000 annually. Each year 107 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. 2-3 Francisco & Associates, Inc. prepares the Engineer’s Report and presents the report to City Council for approval. We also update the assessment district database, develop maintenance budgets, place the assessments on the property tax roll and answer property owner questions throughout the year. Project Reference: Brittany Hines, Finance Department p: (510) 238-7078 e: bhines@oaklandca.gov City of Hercules (LLAD Nos. 83-2, 2002-1, 2002-2, 2004-1, and 2005-1) No. of Combined Assessable Parcels Annually – 17,125 FY 2020-21 Combined Assessment Revenue – $3.0 million Francisco & Associates, Inc. has assisted the City of Hercules with the annual administration of their various Landscape and Lighting Assessment Districts for the past thirteen (13) years. The annual administrative process includes preparation of the annual Engineer’s Reports, development of the annual assessment budgets, preparation of assessment district maps utilizing GIS, preparation of assessment rolls, annexation proceedings for new development, coding of expenditures throughout the fiscal year, etc. In addition, Francisco & Associates, Inc. assists in the preparation of all the City staff reports and resolutions, attends City Council meetings, and handles all property owner phone calls for the City. Project Reference: Mike Roberts, Public Works Director p: (510) 799-8241 e: MikeRoberts@ci.hercules.ca.us 3. EMERGENCY MEDICAL SERVICES TAX (EMS TAX) City of Dublin Emergency Medical Services Tax No. of Taxable Parcels Annually – 19,655 FY 2020-21 Special Tax Revenue – $209,500 Francisco & Associates, Inc. has assisted the City of Dublin with the annual administration of their Emergency Medical Services Tax which funds the cost for paramedic first responders on fire engines. The annual administration process includes analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers. In addition, we identify the use of each newly created assessor parcel or changes in use for existing parcels and if applicable apply the special tax to the parcel based upon the approved special tax formula. We also place the special taxes on the property tax roll and answer property owner questions throughout the year. Project Reference: Jay Baksa, Assistant Administrative Services Director p: (925) 833-6648 e: jay.baksa@dublin.ca.gov 108 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. 2-4 Countywide Alameda Emergency Medical Services Tax No. of Taxable Parcels Annually – 425,844 FY 2020-21 Special Tax Revenue – $23.1 million Francisco & Associates, Inc. has assisted Alameda County with the annual administration of their Countywide Emergency Medical Services Tax for the past thirteen (13) years. The annual administrative process includes analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers. In addition, we identify the use of each newly created assessor parcel or changes in use for existing parcels and if applicable apply the special tax to the parcel based upon the approved special tax formula. There are approximately 7,400 new or changed parcels each fiscal year that need this type of analysis done. Since we administer the entire County of Alameda, it provides valuable data for administering the City of Dublin’s special financing districts (e.g., cross check for the number of units, development status of each parcel, etc.). Project Reference: Lauri McFadden, Director p: (510) 618-2055 e: lauri.mcfadden@acgov.org City of Emeryville Supplemental Paramedic Services Tax No. of Taxable Parcels Annually – 4,353 FY 2020-21 Special Tax Revenue – $200,500 Francisco & Associates, Inc. has assisted the City of Emeryville with the annual administration of their Supplemental Paramedic Services Tax for the past twelve (12) years. The annual administrative process includes analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers. In addition, we identify the use of each newly created assessor parcel or changes in use for existing parcels and if applicable apply the special tax to the parcel based upon the approved special tax formula. Project Reference: Bill Zenoni, Interim Finance Director/Treasurer p: (510) 596-4352 e: bzenoni@emeryville.org 4. GARBAGE AND RECYCLING SERVICES City of Dublin Garbage and Recycling Service Charge No. of Chargeable Parcels Annually – 16,282 FY 2020-21 Special Tax Revenue – $6.9 million Francisco & Associates, Inc. has assisted the City of Dublin with the annual administration of their Garbage and Recycling Service Charge which funds the contract to provide garbage and recycling collection. The annual administrative process includes analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers. In addition, we identify the 109 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. 2-5 use of each newly created assessor parcel or changes in use for existing parcels and if applicable apply the service fee to the new parcels based upon the approved service fee formula. Project Reference: Jay Baksa, Assistant Administrative Services Director p: (925) 833-6648 e: jay.baksa@dublin.ca.gov City of Livermore Sewer Service and Use Charge No. of Chargeable Parcels Annually – 27,035 FY 2020-21 Special Tax Revenue – $20.3 million Francisco & Associates, Inc. has assisted the City of Livermore with the annual administration of their Sewer Service and Use Charge for the past twelve (12) years. The annual administrative process includes analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers. In addition, we identify the use of each newly created assessor parcel or changes in use for existing parcels and if applicable apply the sewer service charge to the new parcels based upon the approved sewer service charge formula. Project Reference: Ann Furtado, Accounting Supervisor p: 925-960-4351 e: amfurtado@cityoflivermore.net City of Norwalk Sewer Service Charge No. of Chargeable Parcels Annually – 23,055 FY 2020-21 Special Tax Revenue – $2.5 million Francisco & Associates, Inc. has assisted the City of Norwalk with the annual administration of their Sewer Service Charge for the past eight (8) years. The annual administrative process includes assisting with property owner noticing and Council action requirements, analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers, coordinating with three water companies to obtain the latest water meter information to update the sewer service charge database, and submitting the final sewer service charges and required documents to the County for approval and placement on the ensuing year’s property tax roll. Project Reference: Pam Torres, Management Analyst p: (562) 929-5514 e: ptorres@norwalkca.gov 110 SECTION III STAFF RESUMES AND EXPERIENCE FRANCISCO & ASSOCIATES, INC. SECTION III STAFF RESUMES AND EXPERIENCE 111 SECTION III STAFF RESUMES AND EXPERIENCE FRANCISCO & ASSOCIATES, INC. 3-1 PROJECT STAFF Eduardo Espinoza, P.E., will be your primary point of contract but Brian Brown, Dennis Anderson, and Joseph Francisco, P.E., will be key project staff assisting the City with acquisition audit services and the annual administration of your financing districts. Other staff members will assist the key project staff as needed throughout the year. Detailed resumes for Eduardo Espinoza, P.E., Brian Brown, Dennis Anderson, and Joseph Francisco, P.E., are included in this section for your review. Eduardo Espinoza, P.E., Principal-in-Charge Eduardo Espinoza, P.E will be Principal-in-Charge and will be the City’s main point of contact (925-867-3400). Mr. Espinoza has over 12 years of municipal engineering and public finance experience which includes the formation and administration of over 100 special financing districts. These financing districts were formed pursuant to Mello-Roos Community Facilities District Law, the Landscape & Lighting Act of 1972, the Government Code, and the Health and Safety Code. Mr. Espinoza currently is assisting the cities of Oakley, Hercules, and Brentwood with the formation and administration of their Community Facilities Districts and Landscape and Lighting Assessment Districts. Mr. Espinoza is also extremely familiar with the requirements of Article XIIID of the California Constitution (Proposition 218) and has advised numerous agencies on how it specifically affects their special financing districts during formation and confirmation processes. He has prepared Engineer’s Reports and Special Tax Rate and Method of Apportionments, and Boundary Maps and Assessment Diagrams, and has assisted with presentations to agency councils, boards and property owners, the preparation and mailing of notices and ballots, and ballot tabulation. He has also managed the annual administration of special financing districts, including facility acquisition audits and reimbursement. Brian Brown, Project Manager Mr. Brown will serve as Project Manager responsible for assisting the Principal-In-Charge with all aspects of the annual administration services associated with the City’s various financing districts. Mr. Brown has 15 years of experience in the formation and administration of Special Financing Districts in the state of California. Brian has successfully developed financial and managerial solutions to help municipalities better manage their special financing districts. He has formed and administered special financing districts formed under a variety of California statutes, including, but not limited to the Mello-Roos Community Facilities Act of 1982, Improvement Act of 1913, Municipal Bond Act of 1915, and Landscape and Lighting Act of 1972. Mr. Brown is responsible for performing various tasks pertaining to all aspects of the formation and administration of Special Financing Districts. These duties include creating financing strategies, developing tax and assessment methodologies, preparation of reports, data manipulation, council presentations, community outreach, and management of the databases associated with the special financing districts. Dennis Anderson, Project Manager Mr. Anderson will serve as Project Manager responsible for assisting the Principal-In-Charge with all aspects of the CFD No. 2015-1 (Dublin Crossing) Acquisition Audit Services. Mr. 112 SECTION III STAFF RESUMES AND EXPERIENCE FRANCISCO & ASSOCIATES, INC. 3-2 Anderson has more than twenty (20) years of professional Public Financing and Assessment Engineering experience. He has served as Principal and Technical Advisor for the formation and administration of over 100 Special Financing Districts pursuant to the Landscape & Lighting Act of 1972, Mello-Roos Community Facilities Act of 1982, Fire Suppression District Act, 1913 Municipal Improvement Act, Benefit Assessment Act of 1982, Property and Business Improvement Law of 1994, and Special Fee and Tax Districts. His experience also extends to the State of Nevada, having formed special financing districts under the authority of the Nevada Revised Statues. Mr. Anderson is also extremely familiar with conducting acquisition audits for bonded Community Facilities Districts and Assessment Districts. Dennis has processed over $500 million in reimbursements for roadway, parks, sewer, water, storm drainage, reclaimed water, traffic signals, and water quality improvements. He has prepared Engineer’s Reports and Special Tax Rate and Method of Apportionments, and Boundary Maps and Assessment Diagrams, and has assisted with presentations to agency councils, boards and property owners, the preparation and mailing of notices and ballots, and ballot tabulation. He has also managed the annual administration of both bonded and maintenance districts, including facility acquisition audits and reimbursement. Joseph A. Francisco, P.E., Quality Control Engineer Mr. Francisco will be the Quality Control Engineer who will assist the Principal-In-Charge and Project Managers with review of all reports, spreadsheets, audits, and databases prior to submittal to the City and the County of Alameda for inclusion on the secured property tax roll. Mr. Francisco is a Registered Civil Engineer in the State of California and has over thirty (30) years of experience in the formation and administration of over 200 Special Financing Districts. Mr. Francisco has assisted numerous agencies with the administration, formation, or re- confirmation of their special financing districts throughout California. Some of the agencies he is currently assisting are the counties of Alameda, Contra Costa and Santa Clara, the City’s of Emeryville, Newark, Livermore, Oakland, and the Hayward Area Recreation & Park District and the Livermore Area Recreation & Park District, etc. 113 SECTION III STAFF RESUMES AND EXPERIENCE EDUARDO R. ESPINOZA, P.E. RESUME FRANCISCO & ASSOCIATES, INC. 3-3 Education University of Florida, B.S.C.E., Civil Engineering Registrations Professional Engineer, California, No. 83709 Affiliations American Society of Civil Engineers American Public Works Association Municipal Management Assistants of Northern California Committee on Assessments, Special Taxes, & Other Financing Facilities (CASTOFF) Mr. Espinoza has assisted public agencies throughout the state of California in the formation and administration of several Special Financing Districts pursuant to the Landscape & Lighting Act of 1972, Mello-Roos Community Facilities District, 1913 Municipal Improvement Act, Benefit Assessment Act of 1982 and Special Fee and Tax Districts. Mr. Espinoza is responsible for performing various tasks pertaining to all aspects of the formation and administration of Public Finance Districts. These duties include implementing and creating innovative benefit assessment methodologies, preparation of Engineer’s Reports, Council and Board presentations, community outreach meetings, design of factual informational brochures, GIS mapping and data manipulation, and creation and administration of the databases associated with the assessments and special taxes. Prior to joining Francisco & Associates, Inc., Eduardo was a Project Engineer for Kimley- Horn and Associates, Inc. and worked on several public and private sector projects including the preparation of due diligence reports for potential commercial and residential development, Flood Control and Water Quality Improvements, Roadway Improvements, Watershed Management Plans, and Environmental Impact Studies. Eduardo was responsible for Civil improvements design including plans preparation, delegating tasks to other staff, and daily interaction with clients. Eduardo also has extensive experience in the use of GIS and its various applications. This experience includes shapefile and geodatabase creation and manipulation for all aspects of mapping and layer management. The following pages include a partial listing of financing district projects Mr. Espinoza has worked on during his career. 114 SECTION III STAFF RESUMES AND EXPERIENCE EDUARDO R. ESPINOZA, P.E. RESUME FRANCISCO & ASSOCIATES, INC. 3-4 Acquisition Audits  City of Dublin, CA, CFD No. 2015-1 (Dublin Crossing)  California Municipal Finance Authority, CA, 10 CFDs  City of Oakland, CA, Oak Knolls CFD Reimbursement Agreements  City of Oakley, CA, Emerson Ranch Development  City of Oakley, CA, Gilbert Ranch Development Assessment Districts Confirmed per Article XIIID of the California State Constitution (Proposition 218)  City of Brentwood, CA, Brentwood Landscape and Lighting Districts (60+ Dist.)  City of Clovis, CA, Landscape Maintenance District No. 1  City of Concord, CA, Citywide Street Lighting District  City of Concord, CA, Downtown Landscape Maintenance District  City of Concord, CA, Pine Hollow Landscape Maintenance District  Town of Danville, CA, Citywide Street Lighting Maintenance District No. 1983-1  City of Hayward, CA, Maintenance District No. 1 & 2  City of Hayward, CA, Landscape Maintenance District  Santa Clara County, CA, County Lighting Service Area Assessment District  City of Solvang, CA, Solvang Mesa Landscape & Lighting District No. 2004-1  City of Sunnyvale, CA, Downtown Parking Assessment District  City of Sunnyvale, CA, Conway Road Assessment District Benefit Assessment Act of 1982  City of Clovis, CA, Benefit Assessment District No. 95-1  City of Lincoln, CA, Benefit Assessment District No. 1 Fee Districts  City of Brentwood, CA, Sewer Standby Charge  City of Brentwood, CA, Water Standby Charge  City of Concord, CA, Sewer Service Charge  City of Livermore, CA, Sewer Service Charge  City of Norwalk, CA, Sewer Service Charge Geological Hazard Abatement Districts  Canyon Lakes Geological Hazard Abatement District  Hillcrest Heights Geological Hazard Abatement District  Leona Quarry Geological Hazard Abatement District  Oakland Area Geological Hazard Abatement District  SW Pittsburg Geological Hazard Abatement District  Weidemann Ranch Geological Hazard Abatement District  Wendt Ranch Geological Hazard Abatement District 115 SECTION III STAFF RESUMES AND EXPERIENCE EDUARDO R. ESPINOZA, P.E. RESUME FRANCISCO & ASSOCIATES, INC. 3-5 Maintenance Assessment Districts  City of Brentwood, CA, Landscape and Lighting Districts (60+ districts)  City of Brentwood, CA, Citywide Park Assessment District  City of Clovis, CA, Landscape Maintenance District No. 1  City of Concord, CA, Citywide Street Lighting District  City of Concord, CA, Downtown Landscape Maintenance District  City of Concord, CA, Landscape and Lighting District No. 3  City of Concord, CA, Pine Hollow Estates Landscape and Lighting District  Town of Danville, CA, Street Lighting Maintenance District No. 1983-1  City of Livermore, CA, Downtown Maintenance District  City of Lincoln, CA, Landscape and Lighting Assessment District No. 1  City of Newark, CA, Landscape and Lighting Districts (8 separate districts)  City of Oakley, CA, Street Lighting and Landscape Assessment District No. 1  Santa Clara County, CA, County Lighting Service Area  City of Solvang, CA, Solvang Mesa Landscape Maintenance District  City of Sunnyvale, CA, Downtown Parking Assessment District Mello-Roos Community Facilities Act of 1982  City of Brentwood, CA, CFD No. 2, 3, 4 & 5  City of Campbell, CA, CFD No. 2  Contra Costa County, CA, CFD Nos. 2006-1, 2008-1 and 2010-1  Cordova Recreation & Park District, CA, CFD Nos. 01-1, 04-1, 14-1, 16-1, 16-2  City of Hercules, CA, CFD No. 2017-1  City of Lincoln, CA, CFD Nos. 2004-1, 2004-1, 2016-1  City of Napa, CA, CFD No. 2017-1  City of Oakland, CA, Rockridge CFD  City of Oakley, CA, CFD Nos. 1 (Cyprus Grove), 2005-1, and 2015-2  City of San Ramon, CA, CFD No. 2014-1  City of Sunnyvale, CA, CFD No. 1 and 3 Mosquito and Vector Abatement Districts  Contra Costa County Mosquito and Vector Control Assessment District, CA Municipal Improvement Act of 1913  City of Anderson, CA, Riverside Avenue East Assessment District  City of Brentwood, CA, Assessment Districts (11 separate districts)  City of Lake Elsinore, CA, Assessment Districts 86-1, 90-1 and 93-1  City of Newark, CA, AD Nos. 26, 30, 31, 32, 33, and 34  City of Merced, CA, 16th Street Assessment District  City of Merced, CA, Liberty Park Assessment District  City of Merced, CA, North Merced Sewer Improvement District  City of Merced, CA, Fahrens Park Assessment District  City of Newark, CA, Assessment Districts (8 separate districts)  City of Sunnyvale, CA, Conway Road Assessment District. 116 SECTION III STAFF RESUMES AND EXPERIENCE EDUARDO R. ESPINOZA, P.E. RESUME FRANCISCO & ASSOCIATES, INC. 3-6 Special Tax Districts  Alameda County, County Emergency Medical Services Tax  Hayward Area Recreation and Park District, CA, Park Special Tax  Knightsen Town Community Services District, CA, Flood Control Special Tax  City of Livermore, CA, Livermore Emergency Medical Services Tax  City of Livermore, CA, Storm Water Tax  Livermore Area Recreation & Park District, CA, Livermore Special Tax District 97-1  City of Newark, CA, Citywide Emergency Medical Services Tax  City of Oakland, CA, Citywide Library Tax  City of Oakland, CA, Oakland Emergency Medical Services Tax  City of Oakland, CA, Oakland Paramedic Services Tax  City of Oakley, CA, Polices Services Tax  City of San Jose, CA, Citywide Library Services Tax 117 SECTION III STAFF RESUMES AND EXPERIENCE BRIAN BRIAN BROWN, MPA RESUME FRANCISCO & ASSOCIATES, INC. 3-7 Education California State University Northridge, Master’s in Public Administration (Public Sector Management) San Diego State University, Business Administration (Finance) Affiliations California Society of Municipal Finance Officers (CSMFO) Municipal Management Association of Southern California (MMASC) Committee on Assessments, Special Taxes, & Other Financing Facilities (CASTOFF) Mr. Brown has 15 years of experience in the formation and administration of Special Financing Districts in the state of California. Brian has successfully developed financial and managerial solutions to help municipalities better manage their special financing districts. He has formed and administered special financing districts formed under a variety of California statutes, including, but not limited to the the Mello-Roos Community Facilities Act of 1982, Improvement Act of 1913, Municipal Bond Act of 1915, and Landscape and Lighting Act of 1972 to name a few. Mr. Brown is responsible for performing various tasks pertaining to all aspects of the formation and administration of Special Financing Districts. These duties include creating financing strategies, developing tax and assessment methodologies, preparation of reports, data manipulation, council presentations, community outreach, and management of the databases associated with the special financing districts. Prior to joining Francisco & Associates, Inc., Brian was a Director of Public Finance at Harris & Associates and an Associate Director at NBS where he worked with public agencies throughout the State of California in addressing their revenue needs. More specifically, Brian worked on numerous projects related to implementing new financing strategies, development of assessment and tax formulas, audits, budget analysis, district and project fund closeouts, initial bond disclosure analysis, annual administration services, continuing disclosure services, city council presentations, and statutory compliance. The following pages include a partial listing of financing district projects Mr. Brown has worked on during his career. 118 SECTION III STAFF RESUMES AND EXPERIENCE BRIAN BRIAN BROWN, MPA RESUME FRANCISCO & ASSOCIATES, INC. 3-8 Maintenance Assessment Districts  City of Brentwood, CA, Landscape and Lighting Districts (60+ separate districts)  City of Brentwood, CA, Citywide Park Assessment District  Carmel Valley Recreation & Park District, CA, Park Maintenance Assessment District  City of Chula Vista, CA*, Open Space Districts (30+ separate districts and zones)  City of Campbell, CA, Lighting and Landscaping District LLA-1  City of Concord, CA, Citywide Street Lighting District  City of Concord, CA, Landscape and Lighting District No. 3  Cordova Recreation & Park District, Landscape and Lighting/Park Districts  Contra Costa County, CA, Landscape and Lighting District (LL-2)  Contra Costa County, CA, County Service Areas (5 CSAs)  Town of Danville, CA, Citywide Street Lighting Maintenance District No. 1983-1  City of Dublin, CA, Street Light/Landscape and Lighting Districts (5 districts)  City of Elk Grove, CA*, Street/Street Light Maintenance District No. 1 (2 districts)  City of Lincoln, CA*, Benefit Assessment District No. 1  City of Livermore, CA, Landscape and Lighting Districts (90 + separate districts)  City of Maywood, CA, Street Lighting Assessment District  City of National City*, CA, Landscape and Lighting District No. 1 (Mile of Cars)  City of Oakland, CA, Citywide Landscape and Lighting District  City of Oxnard, CA*, SFD Audits (50+ districts)  City of Rancho Cordova, CA, Landscape & Lighting/Transit Districts (4 districts)  City of Solvang, CA, Landscape & Lighting Maintenance District No. 2004-1  Southgate Recreation & Park District, Landscape and Lighting Districts (multiple districts and zones) Mello-Roos Community Facilities Act of 1982  Association of Bay Area Governments*, Windemere CFD No. 2004-2  City of Brentwood, CA, CFD No. 2, 3, 4 & 5  City of Campbell, CA, Community Facilities District No. 2  City of Chula Vista, CA*, Community Facilities Districts (25+ separate districts)  City of Clayton*, CA, CFD No. 1990-1, 1990-2, 2006-1, and 2007-1  Cordova Recreation & Park District, Community Facilities Districts (5 districts)  Contra Costa County, CA, Administration of CFDs  City of Elk Grove, CA*, CFD No. 2002-1, 2003-1, 2003-2, 2005-1, and 2006-1  City of Laguna Beach, CA*, Utility Undergrounding CFD Study  City of Lincoln, CA*, Community Facilities District No. 1998-1 (Lincoln Airpark)  City of Livermore, CA, Administration and Formation of CFDs  City of Napa, CA, Community Facilities District No. 2017-1  City of Oakland, CA, Wood Street and Gateway Industrial CFDs  City of Rancho Cordova, CA*, Administration and Formation of CFDs  City of San Ramon, CA, CFD No. 2014-1  Southgate Recreation & Park District, Community Facilities District Districts (2 CFDs) 119 SECTION III STAFF RESUMES AND EXPERIENCE BRIAN BRIAN BROWN, MPA RESUME FRANCISCO & ASSOCIATES, INC. 3-9 Special Tax Districts  City of Dublin, CA, Emergency Medical Services Special Tax  City of Lincoln, CA*, Community Facilities District No. 1998-1  City of Oakland, CA, Special Taxes (7 special taxes)  City of Rancho Cordova, CA, Police Services Special Tax 1913/1915 Act Assessment Districts  Association of Bay Area Governments*, Windemere Ranch Assessment District  City of Anderson, CA, Riverside Avenue East Assessment District  City of Antioch, CA*, Assessment Districts (4 districts)  City of Brentwood, CA, Assessment Districts (10 separate districts)  City of Carlsbad, CA*, Assessment Districts (multiple districts)  City of Chula Vista, CA*, Assessment Districts (5+ separate districts)  City of Hercules*, CA, Assessment District No. 2005-1 (John Muir) and (Alfred Nobel)  City of Lincoln, CA*, Twelve Bridges Assessment District No. 1995-1 (Series 1999-1 and 2001-1) and Foskett Ranch Assessment District No. 2004-2  City of Merced, CA, Fahrens Park Assessment District  County of San Diego, CA*, Assessment District No. 4-S  Hidden Valley Lakes Community Services District, CA*, (multiple districts)  Lower Lake County Water District, CA*, Assessment District No. 1 *Client served prior to joining Francisco & Associates, while employed by NBS or Harris & Associates. 120 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-10 Education San Diego State University, Undergraduate Studies, Mathematics Affiliations American Public Works Association California Society of Municipal Finance Officers Mr. Anderson has more than twenty (20) years of professional Public Financing and Assessment Engineering experience. He has served as Project Manager and Technical Advisor for the formation and administration of over 100 Special Financing Districts pursuant to the Landscape & Lighting Act of 1972, Mello-Roos Community Facilities Act of 1982, Fire Suppression District Act, 1913 Municipal Improvement Act, Benefit Assessment Act of 1982, Property and Business Improvement Law of 1994, Special Fee and Tax Districts, and Acquisition Audit Services. His experience also extends to the State of Nevada, having formed special financing districts under the authority of the Nevada Revised Statues. Mr. Anderson is also extremely familiar with the requirements of Article XIIID of the California Constitution (Proposition 218) and has advised numerous agencies on how it specifically affects their special financing districts during formation and confirmation process. He has prepared Engineer’s Reports and Special Tax Rate and Method of Apportionments, and Boundary Maps and Assessment Diagrams, and has assisted with presentations to agency boards and property owners, the preparation and mailing of notices and ballots, and ballot tabulation. He has also managed the annual administration of both bond and maintenance districts, including facility acquisition and reimbursement. Prior to joining Francisco & Associates, Inc., Mr. Anderson was responsible for the administration and formation of the special financing districts for the City of Vista in San Diego County from 1988 to 1995. Then he joined Berryman & Henigar’s Management & Finance Division and worked with them for over three years. In 1998, he joined Harris & Associates to start a special financing division, where he worked for almost 20 years. His last position at Harris & Associates was as Director in charge of special financing districts and asset management throughout California and Nevada. The following pages include a partial listing of financing district projects Mr. Anderson has worked on during his career. 121 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-11 Acquisition Audits  City of Dublin, CA, CFD No. 2015-1 (Dublin Crossing)  California Municipal Finance Authority, CA, 10 CFDs  Clark County, NV, Special Improvement District No. 132  Clark County, NV, Special Improvement District No. 151  Clark County, NV, Special Improvement District No. 159  City of Lake Elsinore, CA, (Approximately 20 CFDs)  City of Henderson (Local Improvement District No. T-18)  City of Mesquite, NV, Special Improvement District No. 07-01  City of Moreno Valley, CA, CFD No. 4, (Centerpointe Business Park)  City of Moreno Valley, CA, CFD No. 5, (Stoneridge Ranch)  City of Orange, CA, CFD No. 91-2 (Serrano Heights)  County of Orange, CA, CFD 86-1 and 86-2  City and County of San Francisco, CFD No. 4 and 6 (Mission Bay)  City of Sacramento (North Natomas Reimbursement) Assessment Districts Confirmed per Article XIIID of the California State Constitution (Proposition 218)  City of Brea, CA, LLMD No. 3 and No. 5 Assessment Increase  City of Carlsbad, CA, LLMD No. 2  City of Indian Wells, CA, Landscape and Lighting District No. 91-1  City of Irvine, CA, Citywide Lighting and Park Maintenance District  City of Lake Elsinore, CA, Landscape and Lighting District No. 1  City of Lake Elsinore, CA, LLD No. 1, Annexation Nos. 1 thru 20  City of Monrovia, CA, Citywide Park Maintenance District  City of Oceanside, CA, Vandegrift Landscape Maintenance District  City of Oceanside, CA, Vista del Rio Landscape Maintenance District  City of Ontario, CA, Street Lighting District No. 1 Assessment Increase  City of Pomona, CA, LLMD Assessment Increase  City of Rancho Cordova, CA, Street Maintenance District  City of San Juan Capistrano, CA, Los Corrales Landscape Maintenance District  City of San Marcos, CA, Vallecitos Town Center Street Maintenance Assessment District  City of Santa Clarita, CA, Annexations into Landscape Maintenance Districts  City of Santa Clarita, CA, Open Space and Parkland Preservation District  City of Santee, CA, Annexations, Town Center Landscape Maintenance District  City of Tustin, CA, Tustin Ranch Lighting and Landscape Maintenance District  City of Ventura, CA, Supplemental Street Lighting Maintenance District  City of West Covina, CA, Citywide Lighting and Maintenance District  City of Yorba Linda, CA, Citywide Lighting and Landscape Maintenance District  San Joaquin County Flood Control & Water Conservation District, CA, Water Investigation Zone 2 Water Protection and Development Assessment 122 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-12 Fee Districts  City of Berkeley, CA, Sewer User Fee Rate Analysis  City of Carmel-by-the-Sea, CA, Storm Water Utility and Rate Study  City of Elk Grove, CA, Storm Drain Fee  City of Modesto, CA, Storm Drain Fee Balloting Process  City of Modesto, CA, Water Fee Balloting Process  City of Modesto, CA, Sewer Fee Increase Noticing Process  City of Palo Alto, CA, Storm Drain Fee Analysis  City of Palos Verdes Estates, CA, Citywide Sewer User Fee  City of Rancho Palos Verdes, CA, Abalone Cove Sewer Maintenance Fee  City of Rancho Palos Verdes, CA, Citywide Storm Drain Fee  City of South San Francisco, CA, Sewer User Fee 2004  City of South San Francisco, CA, Sewer User Fee 2000  City of Stanton, CA, Sewer User Fee  City of Vista, CA, Misc Sewer and 1 NPDES Fee  City of Yorba Linda, CA, Sewer User Fee  CR&R, CA, Refuse Fees  LESJWA, CA, Watershed O&M Funding Prel. Study  Los Angeles County Flood Control District, CA, Water Quality Protection Fee Feasibility Study  Los Angeles County Public Library, CA, Library Services Benefit Charge  NWM&VCD, CA, Vector Control Fee (Lake Elsinore)  OCVCD, CA, Vector Control Fee  Santa Clara Valley Water District, CA, Storm Drainage Special Financing Summary Report  Sonoma County Water Agency, CA, Watershed Fee Zones 1A and 2A Maintenance Assessment Districts  City of Baldwin Park, CA, LLMD  City of Baldwin Park, CA, Park Maintenance Assessment  City of Brea, CA, Lighting and Landscape Maintenance Districts  City of Carlsbad, CA, Lighting and Landscape Maintenance District #1  City of Carlsbad, CA, Buena Vista Channel Maintenance District  City of Coachella, CA, Fire Suppression Assessment  City of Covina, CA, Fire Suppression Assessment  City of Encinitas, CA, Citywide Landscape and Lighting Maintenance District  City of Glendale, CA, Fire Suppression Assessment  City of Goleta, CA, Street Lighting Benefit Assessment District  City of Hermosa Beach, CA, Citywide Landscape and Lighting Maintenance District  City of Highland, CA, Landscape and Lighting Maintenance Districts  City of Highland, CA, Street Maintenance District  City of La Palma, CA, Citywide Landscape and Lighting Maintenance District 123 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-13  City of Lake Elsinore, CA, Citywide Landscape and Lighting Maintenance District  City of Manhattan Beach, CA, Citywide Landscape and Lighting Maintenance District  City of Monrovia, CA, Citywide Landscape and Lighting Maintenance District  City of Oceanside, CA, Citywide Street Lighting District  City of Oceanside, CA, Landscape Maintenance Districts  City of Ontario , CA, Landscape and Lighting Maintenance Districts  City of Palos Verdes Estates, CA, Fire Suppression Benefit Assessment  City of Pomona, CA, Landscape and Lighting Maintenance District  City of Rancho Palos Verdes, CA, Citywide Landscape and Lighting Maintenance District  City of Rohnert Park, CA, Fire Suppression Assessment and Needs Analysis  City of Sacramento, CA, Citywide Park Maintenance District  City of Sacramento (Public Library) , CA, AD 96-2 (Add'l Library Services)  City of San Juan Capistrano, CA, Open Space Maintenance Districts  City of Santa Clarita, CA, Street Lighting Maintenance District No. 1, North Valencia 2 Annexation  City of Santa Clarita, CA, Landscape Maintenance Districts  City of Santa Fe Springs, CA, Fire Suppression Assessment  City of Santa Fe Springs, CA, Heritage Springs AD 2001-1  City of Santee, CA, Landscape and Lighting Maintenance Districts  City of South Gate, CA, Citywide Landscape and Lighting Maintenance District  City of South Pasadena, CA, Citywide Landscape and Lighting Maintenance District  City of South Pasadena, CA, Fire Suppression Assessment  City of Stanton, CA, Citywide Landscape and Lighting Maintenance District  City of Temple City, CA, Citywide Landscape and Lighting Maintenance District  City of Vista, CA, Citywide Street Maintenance District  City of Vista, CA, Citywide Landscape and Lighting Maintenance Districts  City of Vista, CA, South Melrose Drive Landscape Maintenance Dist  City of Vista, CA, La Mirada Canyon Landscape Maintenance Dist  City of Vista, CA, Special Benefit Street Lighting District No. 1  City of West Covina, CA, Landscape Maintenance Districts  Northwest Mosquito & Vector Control District, CA, Vector Control Services Assessment  Orange County Vector Control District, CA, Vector Control Services Assessment  Rancho Simi Recreation & Park District, CA, Whiteface Development Open Space District  Three Valleys Municipal Water District, CA, Water Standby Charge Assessment  Ventura County Fire Protection District, CA, Fire Suppression Assessment 124 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-14 Mello-Roos Community Facilities Act of 1982  City of Brea, CA, Peppertree CFD  City of Buena Park, CA, CFD 2000-1 & CFD 2002-1 (New Police Facility)  City of Lake Elsinore, CA, 24 CFDs  City of Marina , CA, Locke-Paddon Landscape Maintenance CFD  City of Moreno Valley , CA, CFD #4-I (Centerpointe Business park)  City of Moreno Valley , CA, CFD #4-M (Centerpointe Business park)  City of Moreno Valley , CA, CFD #5 (Stoneridge Ranch)  City of Moreno Valley , CA, CFD #6 (Aquabella)  City of Orange, CA, CFD 91-2 (Serrano Hts)  City of Rancho Cordova, CA, Road and Lighting Maintenance CFD  City of Sacramento, CA, College Square CFD  City of San Clemente, CA, CFD 2007-1 (Marblehead Coastal)  City of San Diego, CA, CFD 2008-5 (Dennery Cyn Vernal Pool Preserves)  City of Vista, CA, CFD 90-2 (Hacienda / Buena Vista Creek)  City of Vista, CA, CFD 92-1 (North County Square)  County of Los Angeles Public Library, CA, CFD 8 (Library Services)  County of Orange, CA, CFD 2002-1 (Ladera Ranch Ph. 4)  County of Orange, CA, CFD 2003-1 (Ladera Ranch Ph. 5)  County of Orange, CA, CFD 2004-1 (Ladera Ranch Ph. 6)  County of Sacramento (Public Library) , CA, CFD 1996-01  Tustin Unified School District, CA, CFD 88-1 Municipal Improvement Act of 1913  City of City of Alameda, CA, New Library & Carnegie Rehabilitation & Museum  City of Berkeley, CA, Utility Underground Assessment District No. 2006- 47  City of Brentwood, CA, 2006-1 Assessment District  City of Costa Mesa, CA, AD No. 96-1 (Shalimar Drive Alleys)  City of Hermosa Beach, CA, Myrtle/Loma Undergrounding ADs  City of Irvine, CA, AD No. 94-13 (Oak Creek)  City of Irvine, CA, AD No. 97-16 (Northwest Irvine)  City of Mission Viejo, CA, AD No. 2004-1 (Overhead Utility Conversion)  City of Newport Beach, CA, AD No. 71 (Balboa Blvd)  City of Newport Beach, CA, AD No. 72 (Balboa Coves)  City of Palo Alto, CA, Downtown Parking Garage Assessment District  City of Piedmont, CA, Dudley/Blair Mountain Undergrounding  City of Poway, CA, Old Coach Road Water Improvements AD No. 2001-1  City of San Clemente, CA, AD No. 98-1 (Laing Forster Ranch)  City of Santa Ana, CA, Sycamore Parking Structure AD  City of Santa Barbara, CA, State Street Sidewalk Improvements Phase 4  City of Santa Barbara, CA, Eucalyptus Hills Road UUAD  City of Santa Cruz, CA, Mission Street Utility Undergrounding AD  City of Santa Fe Springs, CA, Heritage Springs AD 2001-1  City of Santa Monica, CA, Street Lighting AD 125 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-15  City of Sierra Madre, CA, Sewer Assessment District No. 04-01 (Mira Monte Avenue)  City of Sierra Madre, CA, Sewer Assessment District No. 06-01 (Bonita Avenue)  City of Tustin, CA, R.A.D. 95-1  City of Vista, CA, North Melrose Drive AD 80-2R  City of Vista, CA, Vista Sycamore Dr AD 81-2R  City of Vista, CA, Raceway Basin AD 86-2  City of Vista, CA, Huff and Date Street AD 86-1  City of Vista, CA, South Santa Fe Ave AD 90-1  Cucamonga County Water District, CA, Sewer Assessment District Feasibility Study  Novato Sanitary District, CA, Novato Heights Sewer Assessment District  San Joaquin Area Flood Control Agency, CA, Flood Protection Restoration Assessment District No. 96-1 Special Tax Districts (Not including Mello-Roos)  City of Buena Park, CA, Police Facilities Special Tax  City of Goleta, CA, Library Special Tax  City of Indian Wells, CA, Fire Access Maintenance District (FAMD) Special Tax  City of Monrovia, CA, Open Space & Open Space Maintenance Tax  City of Pasadena, CA, Library Services Special Tax  City of Pomona, CA, Citywide Police Special Tax  City of Sierra Madre, CA, Protective Services Special Tax Options  City of South Pasadena, CA, Library Services Special Tax  City of Stanton, CA, Protective Services Tax  City of Stanton, CA, Citywide all district replacement tax  Los Angeles County Fire Department, CA, Fire Services Special Tax  Los Angeles County Public Library, CA, Library Services Special Tax  Palos Verdes Peninsula USD, CA, School Services Special Tax  Sacramento County, CA, Library Services Special Tax 126 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-16 Education San Diego State University, B.S.C.E., Civil Engineering Registrations Professional Engineer, California, No. 40688 Professional Engineer, Nevada, No. 12316 Affiliations American Society of Civil Engineers American Public Works Association Municipal Management Assistants of Northern California Mr. Francisco has more than thirty-five (35) years of professional Public Financing and Municipal Engineering experience. He has served as Principal in Charge and Technical Advisor for the formation and administration of over 200 Special Financing Districts pursuant to the Landscape & Lighting Act of 1972, Mello-Roos Community Facilities District, Fire Suppression District Act, 1913 Municipal Improvement Act, Benefit Assessment Act of 1982 and Special Fee and Tax Districts. Mr. Francisco is also extremely familiar with the requirements of Article XIIID of the California Constitution (Proposition 218) and has advised numerous agencies on how it specifically affects their special financing districts during formation and confirmation process. He has also conducted numerous public outreach meetings and presentations to various agencies explaining the financial analysis associated with the districts. Prior to forming Francisco & Associates, Inc., Mr. Francisco was the Public Financing Chairman for the City of San Diego, responsible for the formation and administration of all their special financing districts. This position required coordination between the City Attorney, City Auditor, City Engineer, Finance Director, and the City Treasurer along with outside Financial Advisors, Legal Counsels, Bond Underwriters, Developers and Property Owners. After working for the City of San Diego for twelve (12) years Mr. Francisco joined Wildan Associates (which acquired Muni-Financial, a Financial Services Firm) in Southern California as their Southern California Assessment Engineer. Two (2) years later, he joined Berryman & Henigar’s Management & Finance Division and worked with them for over seven (7) years. His last position at Berryman & Henigar was Vice President in charge of the Northern California Management & Finance Division, responsible for the formation and administration of their special financing districts. The following pages include a partial listing of financing district projects Mr. Francisco has worked on during his career. 127 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-17 Acquisition Audits  City of Dublin, CA, CFD No. 2015-1 (Dublin Crossing)  City of Davis, CA, Mace Ranch CFD  Clark County, NV, Various Special Improvement District  County of Orange, CA, Rancho Santa Margarita CFD Series B  County of Orange, CA, Rancho Santa Margarita CFD Series E Assessment Districts Confirmed per Article XIIID of the California State Constitution (Proposition 218)  Ambrose Recreation and Park District, CA, Districtwide Landscape Maint. Dist.  City of Antioch, CA, Street Lighting and Landscape Maintenance Districts  City of Brentwood, CA, Brentwood Landscape and Lighting Districts (60+ Dist.)  City of Clovis, CA, Landscape Maintenance District No. 1  City of Concord, CA, Citywide Street Lighting District  City of Concord, CA, Downtown Landscape Maintenance District  City of Concord, CA, Pine Hollow Landscape Maintenance District  Contra Costa County, CA, Landscape and Lighting District No. (LL-2)  Town of Danville, CA, Citywide Street Lighting Maintenance District No. 1983-1  City of Encinitas, CA, Landscape Maintenance District No. 1  Fairfield-Suisun Sewer District, CA, Sewer Service Charge  City of Hayward, CA, Maintenance District No. 1 & 2  City of Hayward, CA, Landscape Maintenance District  City of Livermore, CA, Downtown Maintenance District  City of Novato, CA, Eucalyptus Avenue Assessment District  City of Oakland, CA, Wildfire Prevention Assessment District  City of Rohnert Park, CA, Citywide Fire Suppression District  Santa Clara County, CA, County Lighting Service Area Assessment District  City of Solvang, CA, Solvang Mesa Landscape & Lighting District No. 2004-1  City of Sunnyvale, CA, Downtown Parking Assessment District  City of Sunnyvale, CA, Conway Road Assessment District Benefit Assessment Act of 1982  City of Rancho Cucamonga, CA, Benefit Assessment District 90-1  City of Vista, CA, Street Maintenance District  City of Clovis, CA, Benefit Assessment District No. 95-1  City of Lincoln, CA, Benefit Assessment District No. 1 Cost Reimbursement Districts  City of San Diego, CA, International Business Center Cost Reimb. District  City of San Diego, CA, Mesa Shopping Center Cost Reimbursement District 128 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-18 Fee Districts  City of Brentwood, CA, Sewer Standby Charge  City of Brentwood, CA, Water Standby Charge  City of Concord, CA, Sewer Service Charge  Fairfield-Suisun Sewer District, CA, Sewer Service Charge  City of Livermore, CA, Sewer Service Charge  City of Norwalk, CA, Sewer Service Charge  City of Oakland, CA, Sewer Service Charge Fire Suppression Districts  City of Oakland, CA, Wildfire Prevention Assessment District  City of Rohnert Park, CA, Citywide Fire Suppression District Geological Hazard Abatement Districts  Canyon Lakes Geological Hazard Abatement District  Hillcrest Heights Geological Hazard Abatement District  Leona Quarry Geological Hazard Abatement District  Oakland Area Geological Hazard Abatement District  SW Pittsburg Geological Hazard Abatement District  Weidemann Ranch Geological Hazard Abatement District  Wendt Ranch Geological Hazard Abatement District Maintenance Assessment Districts  City of Alhambra, CA, Citywide Lighting and Landscape Maintenance District  Ambrose Recreation and Park District, CA, Landscape Maintenance District  City of Antioch, CA, Street Lighting and Landscape Maintenance Districts  Arden Manor Recreation and Park District, CA, Districtwide Landscape Maintenance District  City of Brentwood, CA, Landscape and Lighting Districts (60+ districts)  City of Brentwood, CA, Citywide Park Assessment District  City of Clovis, CA, Landscape Maintenance District No. 1  City of Concord, CA, Citywide Street Lighting District  City of Concord, CA, Downtown Landscape Maintenance District  City of Concord, CA, Landscape and Lighting District No. 3  City of Concord, CA, Pine Hollow Estates Landscape and Lighting District  Contra Costa County, CA, Landscape and Lighting District No. (LL-2)  Town of Danville, CA, Street Lighting Maintenance District No. 1983-1  East Bay Regional Park District, CA, Districtwide Landscape Maint. District  City of Encinitas, CA, Landscape Maintenance District No. 1  City of Hayward, CA, Consolidated Landscape and Lighting District No. 96-1  City of Hayward, CA, Maintenance District No. 1  City of Livermore, CA, Downtown Maintenance District 129 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-19  City of Long Beach, CA, Downtown Street Lighting District  City of Newark, CA, Landscape and Lighting Districts (8 separate districts)  City of Oakland, CA, Citywide Landscape and Lighting District  City of Oakley, CA, Street Lighting and Landscape Assessment District No. 1  Ortega Trails Recreation and Park District, CA, Wildomar Assessment District No. 68-4632 & No. 68-4633  City of Sacramento, CA, Additional Library Services No. 96-2  Santa Clara Open Space Authority, CA, Open Space Assessment District  Santa Clara County, CA, County Lighting Service Area  City of Santa Fe Springs, CA, Citywide Lighting and Landscape Maint. District  City of Seal Beach, CA, Citywide Lighting and Landscape Maintenance District  City of Solvang, CA, Solvang Mesa Landscape Maintenance District  City of Sunnyvale, CA, Downtown Parking Assessment District  City of Vista, CA, La Mirada Canyon Landscape Maintenance District  City of Vista, CA, Special Lighting Assessment District No. 1 Mello-Roos Community Facilities Act of 1982  City of Brentwood, CA, CFD No. 2, 3, 4 & 5  City of Campbell, CA, CFD No. 2  City of Clayton, CA, CFD No. 1  Contra Costa County, CA, CFD Nos. 2006-1, 2008-1 and 2010-1  Cordova Recreation & Park District, CA, CFD Nos. 01-1, 04-1, 14-1, 16-1, 16-2  Town of Danville, CA, CFD No. 97-1  City of Davis, CA, Mace Ranch CFD  City of Desert Hot Springs, CA, Public Safety CFD 93-1  City of Hercules, CA, CFD No. 2017-1  City of Huntington Beach, CA, Ellis-Goldenwest CFD 1990-1  City of Lincoln, CA, CFD Nos. 2004-1, 2004-1, 2016-1  City of Livermore, CA, CFD Nos. 2012-1, 2015-1, 2016-1  City of Napa, CA, CFD No. 2017-1  City of Oakland, CA, Rockridge CFD  City of Oakley, CA, CFD Nos. 1 (Cyprus Grove), 2005-1, and 2015-2  County of Orange, CA, CFD 87-5B, Rancho Santa Margarita  County of Orange, CA, CFD 87-5E, Rancho Santa Margarita  City of San Diego, CA, Miramar Ranch North CFD 90-1  City of San Jose, CA, North Coyote Valley CFD No. 5  City of San Jose, CA, Great Oaks – Route 85 CFD No. 6  City of San Ramon, CA, CFD No. 2014-1  City of Sunnyvale, CA, CFD No. 1 and 3  City of Victorville, CA, Western Addition CFD 90-1  City of Vista, CA, Hacienda Drive and Buena Vista Creek CFD 90-2  City of Vista, CA, North County Square CFD 92-1 130 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-20 Mosquito and Vector Abatement Districts  Contra Costa County Mosquito and Vector Control Assessment District, CA  Santa Clara County Mosquito and Vector Control Assessment District, CA  Shasta County Mosquito and Vector Control Assessment District, CA Municipal Improvement Act of 1913  City of Anderson, CA, Riverside Avenue East Assessment District  City of Brentwood, CA, Assessment Districts (11 separate districts)  City of Chula Vista, CA, Assessment Districts (10 separate districts)  City of Desert Hot Springs, CA, Arroyo Vista Assessment District No. 92-1  City of Desert Hot Springs, CA, Arroyo Vista Assessment District No. 93-2  City of Desert Hot Springs, CA, Two Bunch Palms Trail Assessment District 91-1  City of Lake Elsinore, CA, Assessment Districts 86-1, 90-1 and 93-1  City of Long Beach, CA, Downtown Transportation Assessment District  City of Newark, CA, AD Nos. 26, 30, 31, 32, 33, and 34  City of Merced, CA, 16th Street Assessment District  City of Merced, CA, Liberty Park Assessment District  City of Merced, CA, North Merced Sewer Improvement District  City of Merced, CA, Fahrens Park Assessment District  City of Newark, CA, Assessment Districts (8 separate districts)  City of Novato, CA, Eucalyptus Avenue Assessment District  County of Orange, CA, Irvine Coast Assessment District No. 88-1  City of San Clemente, CA, Lane Forester Ranch No. 98-1  City of San Clemente, CA, Undergrounding Utility District  City of San Diego, CA, International Business Center Assessment District  City of San Diego, CA, Mission Valley Heights Assessment District  City of San Diego, CA, Black Mountain Road Assessment District  City of Sunnyvale, CA, Conway Road Assessment District.  San Joaquin Area Flood Control Agency, CA, Flood Protection Restoration Assessment District No. 96-1  City of Vista, CA, Huff and Date Street Assessment District No. 86-2  City of Vista, CA, Oceanside Blvd., and Melrose Drive Improvement District No. 80-2R  City of Vista, CA, Raceway Basin Assessment District No. 86-1  City of Vista, CA, Sycamore Industrial Park Assessment District No. 81-2R Special Tax Districts  Acalanes Unified High School District, CA, School Parcel Tax  Hayward Area Recreation and Park District, CA, Park Special Tax  Knightsen Town Community Services District, CA, Flood Control Special Tax  City of Livermore, CA, Livermore Emergency Medical Services Tax  City of Livermore, CA, Storm Water Tax 131 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-21  Livermore Area Recreation & Park District, CA, Livermore Special Tax District 97-1  Livermore Joint Unified School District, CA, School Parcel Tax  City of Newark, CA, Citywide Emergency Medical Services Tax  Novato Unified School District, CA, School Parcel Tax  City of Oakland, CA, Citywide Library Tax  City of Oakland, CA, Oakland Emergency Medical Services Tax  City of Oakland, CA, Oakland Paramedic Services Tax  City of San Jose, CA, Citywide Library Services Tax  San Ramon Valley Unified School District, CA, School Parcel Tax 132 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND PROJECT SCHEDULE 133 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-1 Specific Approach and Scope of Work CFD No. 2015-1 Acquisition Audit Services On June 2, 2015, the City Council adopted the Resolution of Formation, which established Community Facilities District No. 2015-1 (the “CFD”) and Improvement Area No. 1 thereof, and designated a future annexation area (the “Future Annexation Area”), which included the remaining phases of the Dublin Crossing Project (Improvement Area No. 2, Improvement Area No. 3, Improvement Area No. 4, and Improvement Area No. 5). The Resolution of Formation also set forth the necessity for the CFD to incur bonded indebtedness in a total amount not to exceed $150 million. The first series of bonds for Improvement Area No. 1 were issued in August 2017 in the amount of $32,740,000 of which $30,385,000 was designated for the acquisition of improvements and the financing of fees. The first series of bonds for Improvement Area No. 2 were issued in July 2019 in the amount of $37,745,000 of which $36,331,867.45 was designated for the acquisition of improvements and the financing of fees. The authorized improvements and fees that can be financed with the CFD bonds are stated in Exhibit A of the acquisition agreement between the City of Dublin and Dublin Crossing, LLC, dated July 18, 2017 and as amended on December 4, 2018. The authorized improvements and fees correspond to Don Biddle Community Park, public storm drainage, water, sewer, street, and landscaping improvements that are required for the backbone facilities of the Dublin Crossing project. The City and Francisco & Associates, Inc. have reviewed 37 payment requests submitted as of January 2021 and approved approximately $61.2 million for reimbursement to the developer. Task No. 1 – Establishment of Procedures and Process Consultant shall review pertinent agreements and documents between the City of Dublin and the Developer pertaining to CFD No. 2015-1. Consultant shall coordinate with the Developer and City to establish a procedure and process for the submission, review, and approval of reimbursement requests for authorized improvements and fees. Consultant will provide feedback and suggestions to both the City and Developer on methods to streamline the review and reimbursement process. Task No. 2 – Initial Review of Developer Payment Request Within 10 business days following receipt of a payment request by the Developer, review and advise the Director of Public Works and Developer in writing whether the payment request is deemed complete. In the event the Payment Request is deemed incomplete or denied, advise the Public Works Director and Developer as to what documentation is missing or the reason for denial. Task No. 3 – Detailed Review of Developer Payment Request Once all required documents are received from the Developer, review each payment request to determine if the documentation provided substantiates the requested Purchase Price to be paid under the terms and conditions of the Acquisition Agreement and established procedures above. 134 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-2 Task No. 4 – Audit Report 1) Draft Audit Report: Consultant will prepare Draft Audit Report that includes all the items, and will include an item-by-item discussion of all eligible, disallowed, and ineligible costs: a) An executive summary of the audit findings; b) A summary of costs to be reimbursed for each facility and/or discrete component; c) Improvement location map; d) A summary listing of hard and soft costs; e) A contract summary outlining the original price, change orders (if any), final contract price, and the eligible, disallowed, and ineligible portions for reimbursement including an analysis based on the lessor of cost or value; f) A summary of invoices, proof of payment, and lien releases provided by the developer; and g) A recommendation from Consultant of the cost that is eligible and appropriate for reimbursement. h) All contracts, change orders, invoices, canceled checks, lien releases and other associated documents will be organized by contract, and will be referenced in the Audit Report as an Appendix. 2) Consultant will submit to the City an electronic copy in PDF of the Draft Audit Report, for review for each submittal (a submittal may cover more than one facility or discrete component). 3) Final Report: Consultant will submit an electronic PDF copy of the Final Audit Report to the City and to the Developer for each submittal. Consultant will provide a tracking report of each reimbursement processed and a tracking report for cumulative reimbursements to-date. Consultant shall maintain all records for up to three years after the conclusion of work performed and make this available to the City, upon request. Specific Approach and Scope of Work Street Lighting Maintenance Districts No. 1983-1 and 1999-1 & Landscaping and Lighting Districts No. 1983-2, 1986-1, 1997-1 PHASE I - PREPARATION OF THE ENGINEER'S REPORT Francisco & Associates, Inc. will prepare the ensuing year’s Engineer’s Reports for the City of Dublin. These reports will include a description of improvements/services, the annual budget for each benefit zone, the benefit spread methodology, assessment district diagram and a listing of individual assessments for each parcel within the assessment district. The specific tasks to complete the Engineer’s Reports are as follows: Task 1 - Project Kickoff Meeting Meet with City staff to review scope of work, project schedule and any changes to the proposed assessment districts from the previous year. Identify if there were any annexations or de-annexations to the assessment districts which may affect revenues. Identify if there have been any changes in the number and types of improvements/services that the assessment districts are providing for the ensuing year. Discuss any changes to the legal requirements associated with each financing district. 135 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-3 Task 2 - Collect Available Data Collect available data from the County Assessor’s office and City staff that is pertinent to the annual administration of the assessment districts, including Assessor parcel characteristics and maps, proposed budgets, listing of services and improvements, etc. The ensuing year’s data would include the closed secured property tax roll from the County. Task 3 – Update Parcel Databases Update the parcel databases to include the most current parcel information such as: property owner name, mailing address, situs address, use code, acreage, units, building permits, and any other pertinent parcel attributes that are needed to calculate the assessments. In addition, if property has subdivided or consolidated remove the retired parcels and incorporate the new parcels. Task 4 - Prepare Assessment Diagrams Prepare assessment diagrams to include parcels within the boundaries of the assessment districts and benefit zones. This includes all parcels that have either annexed or de-annexed into the assessment district from the prior year. Provide the City with 11” x 17” copies for their internal use. Task 5 – Prepare Automated Revenue Summary Table Prepare an automated summary table to calculate scenarios comparing expenditures to projected revenue. The automated table will allow the City to supplement the assessment revenue with other sources and/or recognize the application of prior year fund balance in calculating the maximum allowable assessment, desired reserve balance, and actual assessment. The table will also automatically calculate the maximum allowable assessment rate based upon inputting current and prior year’s CPI index numbers and current and prior year’s utility cost numbers. Task 6 – Develop Assessment District Budgets With assistance from City staff, review, and comment on the ensuing year’s budgets for each benefit zone. This will include operation and maintenance expenses, revenue sources, fund balances, etc. Assist City staff with forecasting revenue for the ensuing years budgets. Assist staff with analyzing the need for future capital improvements. Review the draft budgets with City staff prior to the preparation of the Draft Preliminary Engineer’s Reports. Task 7 - Draft Preliminary Engineer's Reports Based upon the information received at the project kick-off meeting and other team meetings, prepare the Draft Preliminary Engineer’s Reports. The Draft Preliminary Engineer’s Reports will include a description of improvements/services, the ensuing year’s operation and maintenance budget for each benefit zone, the benefit spread methodologies, Assessment District Diagrams, and a listing of individual assessments for the ensuing year. 136 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-4 Task 8 – Submit the Draft Preliminary Engineer's Reports to City Staff Submit the Draft Preliminary Engineer’s Reports to City staff for review and comment. Based upon the comments received from City staff on the Draft Preliminary Engineer’s Report, prepare the Final Preliminary Engineer’s Report in electronic and hard copy for City staff and City Council approval. Task 9 – Preparation of Draft Staff Reports and Draft Resolutions Prepare the draft staff reports and resolutions for approval at the Resolution of Intention City Council meeting. Provide an electronic copy of each document to City staff for review and approval. Task 10 – Adoption of the Resolution of Intention and Approval of the Preliminary Engineer’s Reports If requested, attend the City Council meeting regarding the adoption of the Resolution of Intention and approval of the Preliminary Engineer’s Reports. If requested, present Preliminary Engineer’s Reports and answer questions. Task 11 – Preparation of Draft Staff Reports and Draft Resolutions Prepare the draft staff reports and resolutions for approval at the Public Hearing City Council meeting. Provide an electronic copy of each document to City staff for review and approval. Task 12 – Final Engineer's Reports Based upon the comments received from City staff and City Council at the City Council meeting, prepare the Final Engineer’s Reports, and submit hard copies to City staff for City Council approval. Task 13 - Public Hearing If requested, attend the Public Hearing regarding the approval of the Final Engineer’s Reports and adoption of the Resolution Authorizing the Levy of Assessments. If requested, present the Final Engineer’s Reports and answer any questions. PHASE II –AUDITOR’S REPORT AND PROPERTY OWNER ASSISTANCE Following the Public Hearing, Francisco & Associates will complete the tasks needed to place the ensuing year’s assessments on the County’s secured property tax rolls. Task 1 – Auditor’s Reports Francisco & Associates will prepare and submit the annual Auditor's Report information to the County Auditor. The Auditor’s Reports will include the Final Engineer’s Reports, the City resolution authorizing the special assessments for the ensuing fiscal year and the electronic assessment database formatted per the County requirements. If there are any 137 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-5 rejected parcels resulting from the first submittal, we will research them and resubmit to the County to ensure that the City receives all revenue they are entitled to. Task 2 – Manual Assessment Bills If required, Francisco & Associates will prepare a listing of manual assessment bills for assessments levied on properties that do not receive a tax bill. The City will utilize the listing to prepare and mail all manual assessment bills. If requested, Francisco & Associates may assist with the preparation and mailing of the manual assessment bills. Task 3 – Final Assessment Rolls Francisco & Associates will provide the City with a Final Assessment Roll in hard copy and electronic copy for their records. In addition, provide the City with a summary report of the total parcels assessed by levy district. Task 4 - Property Owner Assistance Francisco & Associates will provide property owner assistance, which will involve researching property owner questions, providing written responses to their questions, if necessary, and coordinating any changes with the County Auditor’s office. Specific Approach and Scope of Work Emergency Medical Services Tax PHASE I - AUDITOR’S REPORT AND PROPERTY OWNER ASSISTANCE Francisco & Associates, Inc. will prepare the ensuing year’s EMS Auditor’s Report for the City of Dublin. This report will include a listing of individual taxes for each parcel subject to the EMS tax. The specific tasks to complete the EMS Auditor’s Report and place the ensuing year’s taxes on the County’s secured property tax rolls follow: Task 1 – Project Kickoff Meeting Meet with City staff to review scope of work, project schedule and any changes to the proposed district from the previous year. Identify if there were any annexations or de- annexations to the district which may affect revenues. Identify if there have been any changes in the number and types of services that the district is providing for the ensuing year. Discuss any changes to the legal requirements associated with the district. Task 2 – Collect Available Data Collect available data from the County Assessor’s office and City staff that is pertinent to the annual administration of the district, including Assessor parcel characteristics and maps, proposed budgets, building permits, listing of services, etc. The ensuing year’s data would include the closed secured property tax roll from the County. Task 3 – Update Parcel Database Update the parcel database to include the most current parcel information such as: property owner name, mailing address, situs address, use code, acreage, units, building permits, and 138 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-6 any other pertinent parcel attributes that are needed to calculate the taxes. In addition, if property has subdivided or consolidated remove the retired parcels and incorporate the new parcels. Task 4 – Auditor’s Report Francisco & Associates will prepare and submit the annual Auditor's Report information to the County Auditor. The Auditor’s Report will include the electronic special tax database formatted per the County requirements. If there are any rejected parcels resulting from the first submittal, we will research them and resubmit to the County to ensure that the City receives all revenue they are entitled to. Task 5 – Manual Special Tax Bills If required, Francisco & Associates will prepare manual bills for special taxes levied on properties that do not receive a tax bill. The City will utilize the listing to prepare and mail all manual special tax bills. If requested, Francisco & Associates may assist with the preparation and mailing of the manual special tax bills. Task 6 – Final Special Tax Roll Francisco & Associates will provide the City with a Final Special Tax Roll in hard copy and electronic copy for their records. In addition, provide the City with a summary report of the total parcels subject to the tax. Task 7 - Property Owner Assistance Francisco & Associates will provide property owner assistance, which will involve researching property owner questions, providing written responses to their questions, if necessary, and coordinating any changes with the County Auditor’s office. Specific Approach and Scope of Work Residential Garbage & Recycling Services (RGRS) Fee PHASE I - AUDITOR’S REPORT AND PROPERTY OWNER ASSISTANCE Francisco & Associates, Inc. will prepare the ensuing years RGRS Auditor’s Report for the City of Dublin. This report will include a listing of individual fees for each parcel subject to the charge. The specific tasks to complete the RGRS Auditor’s Report and place the ensuring year’s charges on the County’s secured property tax rolls follow: Task 1 - Project Kickoff Meeting Meet with City staff to review scope of work, project schedule and any changes to the proposed district from the previous year. Identify if there were any annexations or de- annexations to the district which may affect revenues. Identify if there have been any changes in the number and types of services that the district is providing for the ensuing year. Discuss any changes to the legal requirements associated with the district. 139 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-7 Task 2 - Collect Available Data Collect available data from the County Assessor’s office and City staff that is pertinent to the annual administration of the district, including Assessor parcel characteristics and maps, historical fee data by parcel, etc. The ensuing year’s data would include the closed secured property tax roll from the County. Task 3 – Update Parcel Database Update the parcel database to include the most current parcel information such as: property owner name, mailing address, situs address, use code, acreage, units, building permits, and any other pertinent parcel attributes that are needed to calculate the charges. This will include coordination with the City’s garbage and recycling service provider to obtain a listing of all residential properties in the City which are subject to the RGRS charge. In addition, if property has subdivided or consolidated remove the retired parcels and incorporate the new parcels. If requested assist the City in calculating rates and adding additional multi-family parcels to the property tax roll. Task 4 – Auditor’s Report Francisco & Associates will prepare and submit the annual Auditor's Report information to the County Auditor. The Auditor’s Report will include the electronic charge database formatted per the County requirements. If there are any rejected parcels resulting from the first submittal, we will research them and resubmit to the County to ensure that the City receives all revenue they are entitled to. Task 5 – Manual Charge Bills If required, Francisco & Associates will prepare manual bills for special fees levied on properties that do not receive a tax bill. The City will utilize the listing to prepare and mail all manual special charge bills. If requested, Francisco & Associates may assist with the preparation and mailing of the manual special charge bills. Task 6 – Final Roll Francisco & Associates will provide the City with a Final Roll in hard copy and electronic copy for their records. In addition, provide the City with a summary report of the parcels charged by levy designation. Task 7 - Property Owner Assistance Francisco & Associates will provide property owner assistance, which will involve researching property owner questions, providing written responses to their questions, if necessary, and coordinating any changes with the County Auditor’s office. 140 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-8 PROJECT SCHEDULES Based upon discussions at the project kickoff meeting we will develop a project schedule that is suitable to City staff. We are required to submit the assessments, charges, and taxes to the County in early August of each year. Acquisition Audit Services These services will be provided periodically when the Developer submits requests for reimbursement pursuant to the Acquisition Agreement. Street Lighting Maintenance Districts No. 1983-1 and 1999-1 & Landscaping and Lighting Districts No. 1983-2, 1986-1, 1997-1 Phase I Project Kick-off Meeting December Prepare Draft Preliminary Engineer’s Report February Prepare Preliminary Engineer’s Report March Council Approves Preliminary Engineer’s Report April Prepare Final Engineer’s Report May Council Conducts Public Hearing June Phase II Submit Auditor’s Report to County July/August Property Owner Assistance Annually Emergency Medical Services Tax Phase I Project Kick-off Meeting December Prepare Draft Annual Levy Report June Prepare Final Annual Levy Report July Phase II Submit Auditor’s Report to County July/August Property Owner Assistance Annually Residential Garbage and Recycling Services Fee Phase I Project Kick-off Meeting December Prepare Draft Annual Levy Report June Prepare Final Annual Levy Report July Phase II - Submit Auditor’s Report to County July/August Property Owner Assistance Annually 141 SECTION V PROPOSED PROJECT FEES AND RATES SCHEDULE FRANCISCO & ASSOCIATES, INC. SECTION V PROPOSED PROJECT FEES AND RATES SCHEDULE 142 SECTION V PROPOSED PROJECT FEES AND RATES SCHEDULE FRANCISCO & ASSOCIATES, INC. 5-1 The following is a listing of our fees by project. These fees do not include tasks associated with conducting a Proposition 218 balloting election should the City decide to increase assessments. If the City decides to increase assessments, we will prepare a supplemental proposal to cover the mailing and balloting services. Acquisition Audit for CFD 2015-1 T & M (Hourly Rates Below) Landscape and Lighting Maintenance Districts Street Lighting Maintenance Districts No. 1983-1 $5,750 (Lump Sum) Landscaping and Lighting Districts No. 1983-2 $2,950 (Lump Sum) Landscaping and Lighting Districts No. 1986-1 $2,950 (Lump Sum) Landscaping and Lighting Districts No. 1997-1 $2,950 (Lump Sum) Street Lighting Maintenance Districts No. 1999-1 $3,950 (Lump Sum) Emergency Medical Services Tax (EMS Tax) $2,750 (Lump Sum) Residential Garbage & Recycling Service Fee (RGR) $2,750 (Lump Sum) Francisco & Associates Current Billing Rate for Francisco & Associates, Inc. Principal Engineer/Project Manager $160.00/hour Project Engineer $140.00/hour Associate Engineer $120.00/hour Senior Project Analyst $120.00/hour Project Analyst $100.00/hour GIS Analyst $100.00/hour Clerical $65.00/hour Optional Tasks: Notices and Ballots T & M (Hourly Rates Above) Reimbursables would be billed at cost plus 15%. Reimbursable costs include County Assessor data and maps, mileage, etc. Estimated not to exceed $1,000. Mileage would be billed at $0.56/mile. 143 APPENDIX A EXAMPLE WORK FRANCISCO & ASSOCIATES, INC. APPENDIX “A” EXAMPLE WORK 144 APPENDIX A-1 EXAMPLE WORK LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS FRANCISCO & ASSOCIATES, INC. APPENDIX A-1 LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS (EXAMPLE WORK) 145 Prepared by: Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, CA 94583 (925) 867-3400 Fiscal Year 2020-21 Final Engineer’s Report June 2, 2020 City of Dublin Street Lighting Maintenance District No. 1983-1 146 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 TABLE OF CONTENTS i Francisco & Associates, Inc. Table of Contents Page No. Certificate .................................................................................................................... ii Section I - Introduction ............................................................................................. 1 Section II – Engineer’s Report ................................................................................ 3 Part A – Plans and Specifications ............................................................. 5 Part B – Estimate of Cost ........................................................................... 7 Part C – Assessment District Diagram .................................................. 12 Part D – Method of Apportionment of Assessments ........................ 14 Part E - Assessment Roll ........................................................................... 18 147 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 CERTIFICATE ii Francisco & Associates, Inc. ENGINEER'S REPORT CITY OF DUBLIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1983-1 FISCAL YEAR 2020-21 The undersigned, acting on behalf of Francisco & Associates, Inc. respectfully submits the enclosed Engineer's Report as directed by the Dublin City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California. Dated: May 4, 2020 By: Eduardo Espinoza, P.E. RCE # 83709 148 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 INTRODUCTION 1 Francisco & Associates, Inc. SECTION I INTRODUCTION The City of Dublin (“City”) levies and collects special assessments on parcels within the City of Dublin Street Lighting Maintenance Assessment District No. 1983-1 (“District”) to maintain the public street lighting improvements. The District was initially formed in 1983 to provide a dedicated source of funding for the ongoing maintenance of street lighting improvements within the boundaries of the District. The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed. General Description of the District The District was created in 1983 to replace the County of Alameda Lighting Service Area within the City of Dublin and to fund the maintenance and servicing costs for the City’s street lighting system. In Fiscal Year 1995-96, the City of Dublin acquired the PG&E-owned streetlights within the District to reduce maintenance costs. The District includes all parcels that were within the County of Alameda Lighting Service Area which includes all parcels within the City except for Dublin Ranch; the Clifton Parc development in the western hills; Tracts 7067, 8024, 8073 and 8074; and the Jordan Ranch Development. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted: “Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.” The City has determined that the annual assessments originally established for the District were for the maintenance and operation of street lights within the public street rights-of-way. As such, pursuant to Article XIIID Section 5(a), the pre-existing assessment amount has been 149 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 INTRODUCTION 2 Francisco & Associates, Inc. exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218. Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner. Summary of District A summary of the assessments to be levied for each property type are shown in the table below. Based upon the estimated expenditures, a transfer will be contributed to the Capital Improvement Fund Balance for Fiscal Years 2020-21 and 2021-22, which is also reflected in the projected fund balances. However, should expenditures continue to rise to a level that exceeds the annual assessment revenue, a transfer from the Operating Fund Balance will be required in that fiscal year. Should annual transfers be required to cover annual expenditures, the fund balance will be drawn upon and depleted in future years. Should this circumstance occur, this may require a significant reduction in service levels in future years so that expenditures match assessment revenues or the City will need to contribute to the District from other available funds or increase the current assessment rate by receiving approval by property owners within the District. Property Type Assessment Rate Single Family Residential (SFR)$19.34 per Parcel Condominium $19.34 per Parcel Duplex, Multi-Family Residential $38.68 per Parcel Triplex, Multi-Family Residential $58.02 per Parcel Fourplex, Multi-Family Residential $77.36 per Parcel Apartments, Multi -Family Residential $116.04 per Parcel Commercial/Industrial/Institutional $106.37 per Acre Vacant Commercial $53.18 per Acre Rural $9.67 per Parcel Exempt, Cemeteries, Common Open Space $0 per Parcel TABLE 1: ASSESSMENTS TO BE LEVIED Street Lighting Maintenance District No. 1983-1 150 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ENGINEER’S REPORT 3 Francisco & Associates, Inc. SECTION II ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE CITY OF DUBLIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1983-1 FISCAL YEAR 2020-21 Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, adopted by the City Council of the City of Dublin on May 19, 2020, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Street Lighting Maintenance District No. 1983-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II (Engineer’s Report), which consists of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2020-21, including incidental costs and expenses in connection therewith. The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Dublin. PART C: ASSESSMENT DISTRICT DIAGRAM This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Dublin. The lines and dimension of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report. 151 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ENGINEER’S REPORT 4 Francisco & Associates, Inc. PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received. PART E: ASSESSMENT ROLL This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference. 152 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 PLANS AND SPECIFICATIONS 5 Francisco & Associates, Inc. PART A PLANS AND SPECIFICATIONS The District provides for the continued installation, maintenance and servicing of street lighting improvements within the public right-of-way which provide special benefit to parcels and properties within the District. As generally defined in the 1972 Act, maintenance and servicing of the street lighting improvements may include one or any combination of the following: 1) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals. 2) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; d) Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. 4) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. 153 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 PLANS AND SPECIFICATIONS 6 Francisco & Associates, Inc. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 154 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ESTIMATE OF COSTS 7 Francisco & Associates, Inc. PART B ESTIMATE OF COSTS All public streetlights and other eligible improvements within the District are maintained and serviced on a regular basis, using assessment revenues. Since the assessment rate cannot be increased, due to the passage of Proposition 218 in 1996, assessment revenues have not always been sufficient to fund 100% of the annual operations and maintenance costs of street lighting in past years. In years where the revenues were less than the costs to maintain the District improvements, the District transferred funds from the District’s existing fund balances to fund the shortfall in assessment revenues. Although the District has seen an increase in revenue because of new development, the increases in costs have increased much more quickly than the increase in assessment revenue because of growth. The proposed cost estimate for the District is shown in Table 2. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements, including all labor, personnel, equipment, materials and administrative expenses for the next two (2) fiscal years. The summary also shows the estimated fund balance, and the projected contribution/(transfer) that will be required from the fund balance based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for two (2) fiscal years. The following describes the general services and costs shown in the cost estimate. District Costs Operating Supplies – The cost of supplies for ongoing maintenance and servicing of the street lighting improvements including street light repair parts and the labor associated with performing the repair work. In addition, a portion of this cost is set aside as a contingency amount for both large scheduled and unscheduled, but necessary repairs. Contract with Alameda County – The cost of street light maintenance provided from the County of Alameda based on the current fiscal year contract. California Street Light Association – The cost of Street Light Association dues based on the relative number of streetlights within the District. Utilities Electricity – The cost of street light electrical energy use, including miscellaneous utility charges. Improvements (Not Building) – The cost of improvements (not building) includes costs associated with the maintenance, construction, and rehabilitation of authorized improvements. Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above. 155 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ESTIMATE OF COSTS 8 Francisco & Associates, Inc. Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District. District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District. County per Assessment Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. Alameda County charges 1.7% of the total amount levied. Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the Fiscal Year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The annual fund Reserve Collection/(Transfer) and Capital Improvement Fund Collection/(Transfer) are shown under the Fund Balance Information section of the Cost Estimate. 156 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ESTIMATE OF COSTS 9 Francisco & Associates, Inc. Balance to Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property within the District are levied and collected on the tax roll. The following page shows the cost estimates for Fiscal Year 2020-21 and 2021-22. 157 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ESTIMATE OF COSTS    10 Francisco & Associates, Inc. 158 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ESTIMATE OF COSTS 11 Francisco & Associates, Inc. Capital Improvement Projects In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements. Following is a list of capital improvement projects the City plans to address utilizing District funds in the upcoming fiscal years and thereafter as funds allow. San Ramon Trail Improvements: The City has identified street lighting improvements needed along the San Ramon Trail. 159 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ASSESSMENT DIAGRAM 12 Francisco & Associates, Inc. PART C ASSESSMENT DISTRICT DIAGRAM The boundaries of the District are shown herein. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. A reduced copy of the Assessment Diagram is shown on the following page. 160 City of DublinLandscape and Lighting District No. 1983-1Assessment Diagram Prepared by Francisco & Associates, Inc. N:\Dublin\FY18-19\Diagrams\LLAD1983-1_Assessment Diagram (SA 04/20/2018) 3,250 0 3,250 6,5001,625 Feet Legend LLAD 1983-1 BoundaryCity Limit Parcel Lines Parcels within LLAD 1983-1 Dublin BlvdSan Ramon RdTassajaraRd161 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 METHOD OF APPORTIONMENT 14 Francisco & Associates, Inc. PART D METHOD OF APPORTIONMENT OF ASSESSMENTS General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4: “No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.” Benefit Analysis Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established. General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, right-of-way’s and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. 162 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 METHOD OF APPORTIONMENT 15 Francisco & Associates, Inc. Special Benefits — The method of apportionment (method of assessment) outlined herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties as enhanced by the presence of public lighting near those properties. The special benefits conferred on property from street lighting and other public lighting facilities includes the convenience, safety, and security of property, improvements, and goods. Specifically: 1) Enhanced deterrence of crime and the aid to police protection. 2) Increased nighttime safety on roads, streets and public areas. 3) Improved ability of pedestrians and motorists to see. 4) Improved ingress and egress to property. 5) Reduced vandalism and other criminal act and damage to improvements or property. 6) Improved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. All the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include: 1) Publicly owned parcels that are reserved as public open space or are developed as City parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels; 3) Certain public utility parcels; 4) Privately owned open space parcels; and 5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcels, of which these "sliver" parcels are a part, are assessed at the residential rate. 163 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 METHOD OF APPORTIONMENT 16 Francisco & Associates, Inc. Assessment Methodology The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated based on a formula that utilizes Equivalent Dwelling Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single family residential parcel is assigned 1.00 Equivalent Dwelling Unit (EDU) since it represented more than 73% of the total parcels within the District. EDU’s are assigned to the other land uses based upon the property’s development status, type of development (County of Alameda land use code) and property size as shown in the table below. Parcels determined to be vacant will be assessed at a reduced rate of 50%, by multiplying the parcel’s assigned EDU factor by 0.5 (or 50%). Single-Family Residential (SFR) — (County land use 1x) this land use identifies properties that are developed for single family residential use and are assigned a factor of 1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against (i.e. Equivalent Dwelling Unit “EDU”). This land use classification may include, but is not limited to, lots or parcels identified as single family residential homes, planned development (tract or townhouse type), and modular/manufactured single family residential units. Condominium Unit — (County land use 73) this land use identifies properties that are subdivided residential parcels that have more than one residential unit developed on the property. This land use is assigned 1.00 EDU per unit. Duplex, Multi-family Residential — (County land use 22) this land use identifies properties that are developed for multi-family residential use and are assigned a factor of 2.00 EDU per parcel. This land use classification includes double or duplex units. Triplex, Multi-family Residential — (County land use 23) this land use identifies properties that are developed for multi-family residential use and are assigned a factor of 3.00 EDU per parcel. This land use classification includes triplex units; or double or duplex units together with a single-family home. Property Type EDU Factor Single Family Residential (SFR)1.00 per Parcel Condominium 1.00 per Parcel Duplex, Multi-Family Residential 2.00 per Parcel Triplex, Multi-Family Residential 3.00 per Parcel Fourplex, Multi-Family Residential 4.00 per Parcel Apartments, Multi -Family Residential 6.00 per Parcel Commercial/Industrial/Institutional 5.50 per Acre Vacant Commercial 2.75 per Acre Rural 0.50 per Parcel Exempt, Cemeteries, Common Open Space 0.00 per Parcel TABLE 3: ASSESSMENT METHODOLOGY Street Lighting Maintenance District No. 1983-1 164 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 METHOD OF APPORTIONMENT 17 Francisco & Associates, Inc. Fourplex, Multi-family Residential — (County land use 24) this land use identifies properties that are developed for multi-family residential use and are assigned a factor of 4.00 EDU per parcel. This land use classification includes four living units; a fourplex, a triplex and a single-family home, two doubles or duplexes, or a combination thereof. Apartment Complex, Multi-family Residential — (County land use 7x, except 73) This land use identifies properties that are developed for multi-family residential use of five (5) or more units and are assigned a factor of 6.00 EDU per parcel. This land use classification may include, but is not limited to, lots or parcels identified as vacant apartment land capable of supporting 5 or more units, residential property converted to 5 or more units, cooperatives, restricted income properties, fraternities, sororities, church homes, multiple residential (5 or more units), and residential high-rise (7 or more units). Commercial — (County land use 3x, 8x, 9x) this land use identifies properties that are considered improved for commercial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as car washes, commercial garages, automotive dealerships, parking lots, parking garages, service stations, funeral homes, nursing or boarding homes, hospitals, hotels/motels, banks, medical-dental, single and multi-story office buildings, commercial land, department stores, discount stores, restaurants, shopping centers, or supermarkets. Industrial — (County land use 4x) this land use identifies properties that are developed for industrial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to lots, or parcels identified as vacant industrial land, warehouses, light and heavy industrial, nurseries, sand and gravel quarries, salt ponds, trucking and distribution terminals, wrecking yards, and miscellaneous industrial. Institutional — (County land use 6x, except 65) this land use identifies properties that are developed for institutional use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as vacant land that is a necessary part of an institutional property, improved government-owned property, low income housing (secured P.I.’s only), golf courses, private schools, churches, lodge-halls, clubhouses, and other institutional properties. Rural Property — (County land use 5x) this land use identifies properties that are defined as rural lands and are assigned a factor of 0.50 EDU per parcel. This land use classification may include, but is not limited to, lots or parcels identified as rural residential home sites, one or more mobile homes on rural home sites, rural property with significant commercial or industrial use, property used for agriculture (more than 10 acres), rural land in transition to higher land use classification, and rural land under non-renewal of the Williamson Act. Exempt Property, Cemeteries & Common Open Space — (County land use 0, 03-05, 65) this land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. This land use classification may include, but is not limited to, lots or parcels identified as exempt public agencies; property leased or owned by public utilities, cemeteries, and planned development common areas. 165 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ASSESSMENT ROLL 18 Francisco & Associates, Inc. PART E ASSESSMENT ROLL The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, are on file under separate cover with the City Clerk. Furthermore, the description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel shown in the assessment roll for Fiscal Year 2020-21. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. 166 Carmel Valley Recreation and Park District Park Maintenance Assessment District Prepared by: Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, CA 94583 (925) 867-3400 Fiscal Year 2020-21 Final Engineer’s Report June 10, 2020 167 Park Maintenance Assessment District Fiscal Year 2020-21 TABLE OF CONTENTS Francisco & Associates, Inc. -i- Table of Contents Page No. Agency Directory ................................................................................................................................ ii Certificates .......................................................................................................................................... iii SECTION I Introduction ............................................................................................................ 1 SECTION II Engineer’s Report ................................................................................................... 4 Part A - Plans and Specifications ............................................................................................. 6 Part B - Estimate of Cost ........................................................................................................... 7 Table No. 1 – Summary of Estimate of Cost FY 2020-21 .................................. 8 Part C – Maintenance Assessment District Diagram ......................................................... 9 Part D - Method of Apportionment of Assessment ........................................................... 11 Table No. 2 – Employee Density .......................................................................... 15 Table No. 3 – EDUs by Property Class ............................................................... 15 Table No. 4 – Sample Assessment Calculations ............................................... 17 Table No. 5 – Summary of Assessments .............................................................. 17 Part E - Property Owner List & Assessment Roll ............................................................ 19 Appendix A – FY 2020-21 Assessment Roll 168 Park Maintenance Assessment District Fiscal Year 2020-21 AGENCY DIRECTORY Francisco & Associates, Inc. -ii- CARMEL VALLEY RECREATION AND PARK DISTRICT PARK MAINTENANCE ASSESSMENT DISTRICT BOARD MEMBERS FISCAL YEAR 2020-21 Members of the Board of Directors Karolyn Stone President William Buffalo Board of Director Steve Goodman Board of Director Joseph Hertlein Board of Director Michael Thatcher Board of Director Leslie Girard County Counsel County of Monterey Francisco & Associates, Inc. Assessment Engineer 169 170 Park Maintenance Assessment District SECTION I Fiscal Year 2020-21 INTRODUCTION Francisco & Associates, Inc. -1- SECTION I INTRODUCTION ENGINEER'S REPORT CARMEL VALLEY RECREATION AND PARK DISTRICT PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2020-21 Background The Carmel Valley Recreation and Park District (hereinafter “CVRPD”) was created in 1985 to operate and maintain the Carmel Valley Community Park. At the time the CVRPD was created, an assessment was approved by a majority of the registered voters. This assessment provides a majority of the funding to cover CVRPD expenditures. The assessment rate remained the same from 1985 until 2017. In 2016, the Local Agency Formation Commission of Monterey County (“LAFCO”) published its 2016 Municipal Service Review and Sphere of Influence Study relating to park districts in the Coastal Monterey County. In this study, LAFCO discussed the challenges facing the CVRPD. The following are excerpts from that study:  “A benefit assessment, collected as part of annual property tax bills, is the District’s primary revenue source (about 66% of all revenue); the District receives no property tax allocation… The voter-approved measure included no provisions to adjust for inflation, … the amount of revenue has remained at approximately $50,000 per year since 1985. According to the Bureau of Labor Statistics, $50,000 in 1985 is equivalent to $112,000 in 2016 dollars (i.e. $112,000 would be required today to achieve the same purchasing power as $50,000 in 1985).”  “The District has had successes in reaching out to the community for donations for needed improvements.”  “However, the District continues to have an ongoing, structural deficit problem in relation to the original, 1985-level benefit assessment fee amount serving as the District’s main revenue source. At the same time, the physical size of the park is now approximately five times as large as the original 1.3-acre park site, resulting in more maintenance responsibilities and expenses.”  “The District has made strides to connect with grant funds and voluntary donations, as well as to control costs, in response to its limited and “shrinking” (in real-dollar terms) 1985-based revenues. However, based on the most recent five years of data, it seems unlikely that additional cost-saving measures are readily available to bring expenses into line with revenues.”  “Annual revenues are largely funded by a benefit assessment that was established in 1985 and has remained unchanged since then. Measures must be taken to bring revenues and expenditures into balance in order to ensure the District’s fiscal sustainability. The District is exploring the possibility of a ballot measure for a new parcel-based tax to increase revenues.” 171 Park Maintenance Assessment District SECTION I Fiscal Year 2020-21 INTRODUCTION Francisco & Associates, Inc. -2- In 2017, the CVRPD aimed to address the structural deficit in funding by implementing the following procedures to increase the assessment rates commencing in Fiscal Year 2017-18 for the assessment district. 1) Every property owner subject to the proposed assessment increase was mailed a ballot allowing the property owner to vote on whether to increase the assessments. A notice describing the assessment, the individual property owner’s annual assessment rate, the duration of the assessment, the reason for the assessment and the basis upon which the assessment is calculated accompanied the ballots. 2) The ballots returned during the 45 days after mailing or before the close of the public input portion of the public hearing, were to be tabulated to determine whether a majority protest against the increase in assessment existed. The ballots were to be weighted by their proportionate amount of the total assessment. 3) Publicly owned properties are assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment are the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. 4) CVRPD held a Public Hearing, June 15, 2017, to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, ballots were tabulated, and it was found that the property owners returning ballots (weighted by assessment amount) were in favor of the assessment, so the assessment increase and automatic annual increase in the maximum annual assessment rate in each following year was authorized. 5) At the conclusion of the Public Hearing, the CVRPD Board adopted a resolution confirming the assessment increase and the levy of assessments for Fiscal Year 2017-18. Current Annual Administration The costs of operation, maintenance and servicing of the improvements to be funded by the assessment district will be apportioned to each parcel within the assessment district in proportion to the special benefit it receives. The method of assessment may be amended from time to time by the Board, in order to apportion the costs in relation to the benefits being received. However, if the assessments are increased from the prior year beyond the maximum annual assessment for that fiscal year, they will be subject to the noticing and balloting procedures referenced in Proposition 218. Though the maximum annual assessment rate will increase in Fiscal Year 2020-21, the District which could have raised the assessment by as much as 10.76% ($61.25) has elected to levy $56.96 per benefit unit in Fiscal Year 2020-21. Therefore, the applied rate will have a 3% increase over that which was levied in Fiscal Year 2019-20. 172 Park Maintenance Assessment District SECTION I Fiscal Year 2020-21 INTRODUCTION Francisco & Associates, Inc. -3- Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report. As required by the Landscaping and Lighting Act of 1972, this Engineer's Report describes the improvements to be constructed, operated, maintained and serviced by the assessment district for Fiscal Year 2020-21, provides a cost estimate for the assessment district, and lists the proposed assessments to be levied upon each assessable lot or parcel within the assessment district. CVRPD will hold a Public Hearing on June 10, 2020, to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the CVRPD may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution, the final assessor's roll will be prepared and filed with the Monterey County Auditor's office to be included on the Fiscal Year 2020-21 secured property tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a separate fund and can only be used for the purposes stated within this Engineer's Report. 173 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 ENGINEER’S REPORT Francisco & Associates, Inc. -4- SECTION II ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE CARMEL VALLEY RECREATION AND PARK DISTRICT PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2020-21 Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Intention, being Resolution No. 2020-03, adopted by the Board of Directors on May 13, 2020, accepting the Engineer’s Report, adopted by the Board of Directors of the Carmel Valley Recreation and Park District, on May 13, 2020, and in connection with the proceedings for: CARMEL VALLEY RECREATION AND PARK DISTRICT PARK MAINTENANCE ASSESSMENT DISTRICT Herein after referred to as the "District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements within the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Offices of the Carmel Valley Recreation and Park District and are incorporated herein by reference. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Offices of the Carmel Valley Recreation and Park District. PART C: MAINTENANCE ASSESSMENT DISTRICT DIAGRAM This part incorporates by reference a diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. It has been prepared by the Engineer of Work and is on file in the Offices of the Carmel Valley Recreation and Park District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Monterey County Assessor for the year when this Engineer's Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report. 174 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 ENGINEER’S REPORT Francisco & Associates, Inc. -5- PART D: METHOD OF APPORTIONMENT OF ASSESSMENT This part contains the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated benefits to be received. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the Monterey County Assessor’s Parcel Numbers, and the net amount to be assessed upon the benefited lands within the District for FY 2020-21. The Assessment Roll is filed in the Offices of the Carmel Valley Recreation and Park District and is incorporated in this Engineer's Report by reference. The list is keyed to the records of the Monterey County Assessor, which are incorporated herein by reference. 175 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART A Francisco & Associates, Inc. -6- PART A PLANS AND SPECIFICATIONS The facilities, which have been constructed within the Carmel Valley Recreation and Park District, and those which may be subsequently constructed, and which will be operated, maintained and serviced are generally described as follows: Carmel Valley Community Park: This community park located near the intersection of Ford Road and Carmel Valley Road and is approximately 6.8 acres. The park includes; landscaping, trees, shrubbery, a gazebo, barbecue pits, picnic tables, an outdoor stage, volleyball and horseshoe areas, storage sheds, a flag pole, two restroom buildings, an activity house with meeting rooms, fencing, sidewalks, parking lot areas, etc. The construction, operation, maintenance and servicing of the park facilities and appurtenant facilities, include, but are not limited to; electrical energy, utilities such as water and sewer, materials, telephone, insurance, fees, the removal of trash and debris, contractual services such as landscaping, janitorial services, etc. necessary for the satisfactory operation, maintenance, and servicing of the existing and future park facilities. 176 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART B Francisco & Associates, Inc. -7- PART B ESTIMATE OF COST The 1972 Act provides that the total cost of construction, operation, and maintenance and servicing of the landscaping, park facilities, lighting, and associated appurtenant facilities can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the District can also be included. The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by the assessments shall be used only for the purpose as stated herein. A contribution to the District by the CVRPD may be made to reduce assessments, as the Board of Directors deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year. The estimated FY 2020-21 expenditures for the District facilities have been provided by the CVRPD and are estimated in Table No. 1 below. For a more detailed review of the estimate of cost, please refer to the CVRPD budget for FY 2020-21. 177 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART B Francisco & Associates, Inc. -8- FY 2020-21 Estimate of Cost REVENUES Projected Beginning Balance - July 1, 2020 $84,337 Other Revenues1 $11,300 Assessments $110,130 Interest $1,000 TOTAL REVENUES $206,767 DIRECT COSTS Services and Supplies $62,200 CVRPD Administration $24,832 Utilities $13,900 Amortization (Pumps) $770 County Collection Fee $267 Annual Assessment Administration $5,250 Operating Contingency $4,000 Capital Improvements $35,000 TOTAL COSTS $146,219 FUND BALANCE INFORMATION Projected Operating Reserve Fund Balance - June 30, 2021 $53,609 Projected Capital Reserve Fund Balance - June 30, 2021 $6,938 Ending Balance - Projected June 30, 2021 $60,548 TABLE NO. 1 CARMEL VALLEY RECREATION & PARK DISTRICT PARK MAINTENANCE ASSESSMENT DISTRICT PROPOSED INCOME AND EXPENSE 1 Consists of estimated fees, charges and donations. Other Revenues received from non-assessment revenues meet or exceed the amount required to pay for costs associated with the general benefits and the special benefits conferred to property outside the boundaries of the District ($11,889). The amount calculated associated with General Benefits in FY 2020-21 excludes costs associated with Capital Improvements. 178 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART C Francisco & Associates, Inc. -9- PART C MAINTENANCE ASSESSMENT DISTRICT DIAGRAM The boundaries of the Park Maintenance Assessment District are coterminous with the boundaries of CVRPD. The Diagram is on file in the Offices of the Carmel Valley Recreation and Park District and shown on the following page of this Engineer's Report. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Monterey County Assessor, for the year when this Engineer's Report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Only those Parks whose maintenance responsibility is taken care of through the Park Maintenance Assessment District are shown. 179 N:\Carmel Valley Rec & Park\Diagrams\Maint_Ass_District_Diagram.pdf (2017-04-04 SA) Carmel Valley Recreation and Park DistrictPark Maintenance Assessment DistrictMaintenance Assessment District Diagram Prepared by Francisco & Associates, Inc.3,000 0 3,000 6,000 9,0001,500 Feet Legend Carmel Valley Community Park Parcel Lines Park District Boundary 180 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -11- PART D METHOD OF APPORTIONMENT OF ASSESSMENT Part 2 of Division 15 of the Streets and Highways Code, the Landscaping & Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping, park facilities and lighting improvements. Section 22573 of the Landscaping & Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As a benefit based assessment, parcels receiving benefit from improvements maintained by the Park Maintenance Assessment District are subject to the assessment and will not be exempted as long as benefit is received. In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements" (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." Article XIIID of the California Constitution provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. 181 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -12- General Benefit Pursuant to the provisions of Proposition 218, which was approved by the California voters in November 1996, any general benefit received by the public-at-large from the community park must be identified and calculated. The costs associated with the general benefits from the community park cannot be assessed to the property owners within the District and must be paid for by some other funding source. The general benefit to the public-at-large can be calculated by determining the proportionate District resident versus District non-resident usage of the park. In the analysis of general benefit, CVRPD staff evaluated registration and permit issuance data projections and typical park usage data during the work week and weekends. CVRPD staff determined that 91% of participants using the park are from within the boundaries of the District and 9% are from outside the boundaries of the District. Based on this data, the CVRPD concludes that 9% of the parks usage is from the public-at-large and 9% of the total park budget is a fair calculation to use for calculating the general benefit portion of the costs. Special Benefit The CVRPD’s community park provides a special benefit to all residents within the boundaries of its District. A well-maintained community park allows residents to enjoy their free time by having picnics, playing organized sports or games, relaxing, having barbeques, birthday parties, etc. If the community park is not well maintained and allowed to deteriorate in condition it would become unattractive to the residents and usage of the park would drop off. In addition, an unattractive community park could result in purchasers of homes and businesses being more reluctant to want to move to the community. Crime could also increase in and around the park area if lighting is not well maintained and trees and bushes are untrimmed for long periods of time. Benefit Area The Carmel Valley Community Park is the only community park in the area which services the Carmel Valley Recreation and Park District residents and property owners. According to the National Park and Recreation Society, the service area for a community park is a 3.0-mile radius around the park. Therefore, parcels within this 3.0-miles radius of the community park receive a special benefit from the park services being provided and are therefore assessed for their pro- rata share of those special benefits described below. The Benefit Area map on the following page indicates the benefit area established based on the 3- mile service area. 182 N:\Carmel Valley Rec & Park\Diagrams\Benefit Area Map.pdf (2017-04-10 SA) Carmel V alley Recreation and Park DistrictPark Maintenance Assessment DistrictBenefit Area Map Pr epar ed by Fra ncisco & Assoc ia tes , Inc.3,000 0 3,000 6,000 9,0001,500 Feet Legend Carmel Valley Communi ty Park Parcel Lines Parcels within the Benefit Area 3.0-mile Service Radius Park District Boundary 183 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -14- Assessment Methodology The method for spreading the costs to each parcel is based upon the number of Benefit Units assigned to each parcel. As a benefit based assessment, parcels receiving benefit from the park improvements are subject to the assessment and will not be exempted as long they receive a special benefit. The number of Benefit Units assigned to each parcel is calculated as follows: Benefit Units (BUs) = Equivalent Dwelling Units (EDUs) x Benefit Factor (BF). Each of these components will be described below. Equivalent Dwelling Units The methodology used to assign EDUs to each land use in proportion to the benefit they receive relative to the single-family residential parcel is explained in this part of the report.  Single-Family Residential (SFR) Since the developed single-family residential parcel represents over 80% of the total parcels within the CVRPD boundary, it is used as the basic unit and is defined as 1.00 EDU. Developed SFR parcels are defined as parcels that have a land use classification as SFR with the Monterey County Assessor’s Office and are located within the boundaries of the District.  Residential Condominiums (CON) The building square footage of a residential condominium unit is typically 75% of the building square footage of a SFR home. Therefore, this can correlate to a condominium unit having 75% of the residents on average per unit when compared to an SFR home. Since there are fewer residents, the impact to the park maintenance is less. Therefore, the benefit for a condominium unit is equal to 75% of a single-family home, or 0.75 EDUs/unit. Condominium parcels are defined as parcels that have a land use classification as condominium, with the Monterey County Assessor’s Office and are located within the boundaries of the District.  Multi-Family Residential & Mobile Home Parks (MFR) The building square footage of a multi-family unit (e.g. apartment, duplex, tri-plex, mobile home, etc.) is typically 50% of the building square footage of a SFR home. Therefore, this can correlate to a multi-family unit having 50% less residents on average per unit than an SFR home. Since there are 50% fewer residents the impact to the park maintenance is less. Therefore, the benefit for a multi-family unit is equal to 50% of a single-family home, or 0.50 EDUs/unit. Multi-Family parcels are defined as parcels that have a land use classification as multi-family, which includes duplexes, triplexes, apartments, mobile homes, etc. with the Monterey County Assessor’s Office and are located within the boundaries of the District.  Improved Non-Residential Property (including Public Property) Non-residential properties such as commercial (COM), industrial (IND), institutional (INST), office (OFC) and medical (MED) properties also benefit from the park improvements. The special benefit arises from the opportunity for employees to utilize the park facilities before work, during lunch or after work. Non-residential properties are assigned EDUs based on their employee population compared to a typical single-family home. To determine the number of employees for a non-residential parcel the building square footage must obtained from the County Assessor’s office. The employee population can then be estimated by 184 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -15- multiplying by the employee density shown in Table No. 2 below by the parcel’s building square footage. For example, a commercial building would have on average 2 employees per 1,000 sq. ft. of building space compared to a single-family residential home which has an average of 2.85 residents per home. Therefore, a commercial building that is 1,000 sq. ft. in size would have 2 employees compared to 2.85 residents per home so the commercial building would have 0.702 EDUs/1,000 sq. ft. of building space (2.00 employees/2.85 residents = 0.702 EDUs). Table No. 3 below shows all the EDU calculations for each class of property.  Public Property Public property will be assessed if it is developed for residential and non-residential purposes described above. Public property used for parks, open space, right-of-way, etc. do not benefit from the park improvements and are not assessed.  Exempt Property Public property used for streets, parks, open space, right-of-way, easements, etc. do not benefit from the park improvements and are not assessed. Parcels that are non-buildable, common area parcels, open space, parks, and undeveloped parcels do not benefit from the park improvements and are not assessed. Land Use Employee Density COM 2 employees per 1,000 SF IND 1 employee per 1,000 SF INST 2 employees per 1,000 SF OFC 3 employees per 1,000 SF TABLE NO. 2 - EMPLOYEE DENSITY Residential Property Single Family 1.000 EDUs/Unit Condominium 0.750 EDUs/Unit Multi-Family 0.500 EDUs/Unit Non-Residential Property Commercial 0.702 EDUs/1000 SF Industrial 0.351 EDUs/1000 SF Institutional 0.702 EDUs/1000 SF Medical 1.053 EDUs/1000 SF Office 1.053 EDUs/1000 SF EDUs BY PROPERTY CLASS TABLE NO. 3 185 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -16- Benefit Factor Non-residential parcels benefit less than the residential parcels because their employees have less time/opportunity to use the parks than residents who live in the District. Employees can typically use the parks before work, during lunch and after work. Residents can use the parks during the same time and on weekends since they live in the area. This reduction in employee usage is demonstrated by the typical park construction standards which are to build 3.0 acres of park per 1,000 residents vs. 0.5 acres of park per 1,000 employees. Based on this information, it is reasonable to assume that for non-residential properties the opportunity to use and benefit from the park facilities is approximately 16.7% (0.5 acres / 3.0 acres) of that for residential properties, therefore non-residential properties receive a Benefit Factor of 0.167. Sample Benefit Unit Calculation The number of benefit units for a typical residential and non-residential property is shown below: Benefit Units (BUs) = Equivalent Dwelling Units (EDUs) x Benefit Factor (BF) Single Family Home BU = 1.00 x 1.00 = 1.00 BU 3,500 sq. ft. Commercial Building BUs = 3,500 SF x 0.702 EDUs/1,000 SF x 0.167 = 0.410 BUs Calculating Your Assessment Pursuant to the Table No. 1 on Page 7 of this Engineer’s Report, the assessment revenue needed for FY 2020-21 is $110,129.56. Since there is a total of 1,933.461 BUs within the District, the FY 2020-21 rate per BU is $56.96 ($110,129.56/1,933.461 BUs). The method used to calculate the assessment for each parcel is as follows: Step 1 - Each parcel is assigned a land use classification such as SFR (single-family), MFR (multi-family), COM (Commercial), etc., based on the Monterey County Use Codes. Step 2 - EDUs for each parcel are calculated based on the land use classification of the parcel. For residential parcels, the number of units are used in the calculation and for non- residential parcels the building square footage is used in the calculation. Step 3 - Benefit Units are then calculated for each parcel. Benefit Units (BUs) = Equivalent Dwelling Units (EDUs) x Benefit Factor (BF). Step 4 - The assessment amount for each parcel is then determined by multiplying the number of benefit units by $56.96/BU. 186 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -17- Please see Table No. 4 below for typical assessments of different land uses. Note: For collection on the County of Monterey property tax bills, the County Auditor- Controller requires all amounts to be submitted in even cents. Therefore, any parcel assessment that would be in odd cents will be reduced by one cent to meet this requirement. The land use classifications used for parcel are based on the last secured Monterey County Property Tax Roll. A summary of the benefit units and assessment revenue by land use classification is shown in Table No. 5 below. Equivalent No. of Dwelling Benefit Benefit FY 20-21 Total Residential Building Units (EDUs) Factor Units Rate per FY 20-21 Land Use Units Sq. Ft. per 1,000 sq. ft. (BF) (BUs) BU Assessment Commercial Parcel 1,000 0.702 0.167 0.117 $56.96 $6.66 Condominium/Townhome Parcel 1 0.750 1.000 0.750 $56.96 $42.72 Industrial Parcel 1,000 0.351 0.167 0.058 $56.96 $3.33 Institutional Parcel 1,000 0.702 0.167 0.117 $56.96 $6.66 Multi-Family Parcel 2 1.000 1.000 1.000 $56.96 $56.96 Office/Medical Parcel 1,000 1.053 0.167 0.175 $56.96 $9.99 Single-Family Residential Parcel 1 1.000 1.000 1.000 $56.96 $56.96 Undeveloped Parcels 0.000 0.000 0.000 $56.96 $0.00 TABLE NO. 4 - SAMPLE ASSESSMENT CALCULATIONS Land Use No. of Parcels Bldg. SF Units EDUs BUs FY 2020-21 Assessments Commercial 63 418,478 30 293.67 49.043 $2,793 Condominium 83 141,293 83 62.25 62.250 $3,546 Industrial 4 29,447 1 10.33 1.725 $98 Institutional 4 21,214 5 14.89 2.486 $142 Multi-Family Residential 21 24,993 76 41.00 41.000 $2,335 Office/Medical 8 22,509 - 23.69 3.957 $225 Single Family Residential 1,773 3,427,384 1,774 1,773.00 1,773.000 $100,990 Total - Benefit Inside District 1,956 4,085,318 1,969 2,218.83 1,933.461 $110,130 Land Use No. of Parcels Bldg. SF Units EDUs BUs FY 2020-21 Assessments Single Family Residential 33 - 33 33.00 33.000 $1,880 Total - Benefit Outside District 33 - 33 33.00 33.000 $1,880 TABLE NO. 5 - SUMMARY OF FY 2020-21 ASSESSMENTS BENEFIT INSIDE DISTRICT BENEFIT OUTSIDE DISTRICT 187 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -18- Adjustment of Assessments Any property owner, who demonstrates that the amount of their assessment is in error as a result of incorrect information being used to apply the foregoing method of spread, may file a written appeal with the Board of Directors. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the designee of the Board of Directors, shall promptly review the information provided by the property owner and if he/she finds that the assessment should be modified, the designee of the Board of Directors shall have the authority to make the appropriate changes in the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the designee of the Board is authorized to refund to the property owner the amount of any approved reduction if the District reserve is adequate. CPI Increase The FY 2020-21 maximum annual assessment rate per benefit unit has been increased by the annual change in the prior year’s Annual Average Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA). The 2018 Annual Average was 285.550 and the 2019 Annual Average was 295.004. This CPI increase of 3.31% was applied to the prior year’s maximum annual assessment rate per benefit unit of $59.29. Therefore, the FY 2020-21 maximum annual assessment rate per benefit unit is $61.25. Though the maximum annual assessment rate will increase in Fiscal Year 2020-21, the District which could have raised the assessment by as much as 10.76% ($61.25) has elected to levy $56.96 per benefit unit in Fiscal Year 2020-21. Therefore, the applied rate will have a 3% increase over that which was levied in Fiscal Year 2019-20. 188 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART E Francisco & Associates, Inc. -19- PART E PROPERTY OWNER LIST & ASSESSMENT ROLL A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within the Park Maintenance Assessment District is shown on the last equalized Property Tax Roll of the Monterey County Assessor, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for FY 2020-21 apportioned to each lot or parcel. The Assessment Roll is on file in the Offices of the Carmel Valley Recreation & Park District and is shown in this Report as Appendix “A”. 189 Park Maintenance Assessment District Fiscal Year 2020-21 APPENDIX A Francisco & Associates, Inc. APPENDIX A FY 2020-21 ASSESSMENT ROLL 190 APPENDIX A-2 EXAMPLE WORK ACQUISITION AUDIT SERVICES FRANCISCO & ASSOCIATES, INC. APPENDIX A-2 ACQUISITION AUDIT SERVICES (EXAMPLE WORK) 191 231 Market Place, Suite 543 ~ San Ramon, CA 94583 (925)867-3400 ~ fax (925) 867-3415 January 8, 2021 Andrew Russell, P.E. Public Works Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Community Facilities District No. 2015-1 (Dublin Crossing) Payment Request No. 37 – Mountain Cascade Inc., Contract Dear Mr. Russell: We hereby submit this recommendation for the payment of the purchase price for authorized improvements related to the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing). We have reviewed the information provided by Brookfield Residential on behalf of Dublin Crossing, LLC corresponding to Payment Request No. 37 and have determined the eligibility of reimbursement. Items that have been disallowed or deemed ineligible are detailed in the attached report. Below is a summary of our audit: We hereby state to the best of our knowledge, information and belief, based upon the documentation provided by the Developer that the Developer has complied with what we perceive as the requirements of the Funding, Construction and Acquisition Agreement. In summary, we recommend that reimbursement for project costs be approved in the amount of $515,499.53. If you have any questions about the above, or if you need any further assistance, please call me at (925) 867-3400. Authorized Improvement Amount Requested for Reimbursement Amount Approved for Reimbursement City of Dublin - Phase 2B Wet Utilities $495,553.50 $495,553.50 Construction Management (9.5% of Construction)$47,077.58 $47,077.58 Totals:$542,631.08 $542,631.08 Retention (5% per Acquistion Agreement):($27,131.55) Total Purchase Price Amount:$515,499.53 Recommended Payment Amount:$515,499.53 A Financial Services Group 192 Audit Report – CFD No. 2015-1 Payment Request No. 37 January 8, 2021 Page 2 Francisco & Associates, Inc. Sincerely, FRANCISCO & ASSOCIATES, INC. Ed Espinoza, P.E. Principal CC: Gonzalo Rodriguez, Brookfield Residential (Gonzalo.Rodriguez@brookfieldrp.com) Gregory Glenn, Brookfield Residential (Gregory.Glenn@brookfieldrp.com) Joe Guerra, Brookfield Residential (Joe.Guerra@brookfieldrp.com) Marilyn Stone, Brookfield Residential (Marilyn.Stone@brookfieldrp.com) Michelle Henry, Brookfield Residential (Michelle.Henry@brookfieldrp.com) Laurie Sucgang, Public Works (Laurie.Sucgang@dublin.ca.gov) Colleen Tribby, Assistant City Manager (Colleen.Tribby@dublin.ca.gov) Jay Baksa, Finance (Jay.Baksa@dublin.ca.gov) Yuliana Tjeng, Finance (Yulie.Tjeng@dublin.ca.gov) PW Files – Chron and CFD 2015-1 193 City of Dublin January 8 , 2021 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page i Francisco & Associates, Inc. TABLE OF CONTENTS Page I. INTRODUCTION 1 II. ANALYSIS OF PAYMENT REQUEST 2 III. SUMMARY OF PAYMENT REQUEST ANALYSIS 5 IV. REIMBURSEMENT RECOMMENDATION 6 APPENDIX Appendix 1 Map of Facilities Appendix 2 Funding, Construction, and Acquisition Agreement Appendix 3 Request for Payment Appendix 4 Agency Approvals Appendix 5 Summary of Supporting Documentation 194 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page 1 Francisco & Associates, Inc. I. INTRODUCTION On April 21, 2015, the City Council adopted a Resolution of Intention to form a community facilities district under the Mello-Roos Act of 1982, to levy a special tax and to incur bonded indebtedness for the purpose of financing authorized improvements corresponding to the Dublin Crossing project. After conducting a noticed public hearing, on June 2, 2015, the City Council adopted the Resolution of Formation, which established Community Facilities District No. 2015-1 (the “CFD”) and Improvement Area No. 1 thereof, and designated a future annexation area (the “Future Annexation Area”), which included the remaining phases of the Dublin Crossing Project (Improvement Area No. 2, Improvement Area No. 3, Improvement Area No. 4, and Improvement Area No. 5). The Resolution of Formation also set forth the necessity to incur bonded indebtedness in a total amount not to exceed $150 million for the CFD as a whole. CFD bonds will be issued in phases to facilitate the financing of the improvements in conjunction with the construction schedule. The first series bonds for Improvement Area No. 1 were issued in August 2017 in the amount of $32,740,000 of which $30,385,000 was designated for the acquisition of improvements and the financing of fees. The first series of bonds for Improvement Area No. 2 were issued in July 2019 in the amount of $37,745,000 of which $36,331,867.45 was designated for the acquisition of improvements and the financing of fees. The authorized improvements and fees that can be financed with the CFD bonds are stated in Exhibit A of the acquisition agreement (the “agreement”) between the City of Dublin (the “City”) and Dublin Crossing, LLC (the “Developer”), dated July 18, 2017 and as amended on December 4, 2018. The authorized improvements and fees correspond to public storm drainage, water, sewer, street, and landscaping improvements that are required for the backbone facilities of the Dublin Crossing project. Pursuant to the agreement, the City or its designee will review payment requests submitted by the Developer for the purchase of authorized improvements and discrete components thereof or for the financing of authorized fees. The City has designated Francisco and Associates, Inc. as the auditor of payment requests submitted by the Developer. The improvements submitted for review under Payment Request No. 37 generally consist of wet utilities improvements associated with Backbone Phase 2B of the Dublin Crossing project. Upon review and approval of the payment request, CFD bond proceeds in the amount of the approval items will be disbursed to the Developer per the terms of the agreement. 195 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page 2 Francisco & Associates, Inc. II. ANALYSIS OF PAYMENT REQUEST Supporting Documentation Submitted The following documents were provided by the Developer and reviewed as part of our analysis of the Developer’s payment request. •Copies of engineering, consulting, and construction contract documents, and relevant change orders between the Developer and contractors pertaining to the design and construction of the improvements. •Copies of invoices cancelled checks (or other proofs of payment received), lien releases, and other information supporting the amounts in the payment requests. •Engineer’s Certification of Improvements per the following Approved Plans: Improvement Plans – Tract 8361 - Boulevard Phase 2B, prepared by Ruggeri-Jensen-Azar, dated 01/18/18 An audit of the payment request submitted was conducted to confirm the work performed, that payments were made and received on the performed work, and that the appropriate lien releases were received. Payment Request No. 37 is comprised of the work performed under the contract with Mountain Cascade (Contract No. 61000273) (the “contract”) in the amount of $480,210.00. Along with the contract, the Developer submitted one (1) change order totaling $15,343.50. Payment request No. 37 is comprised of the entire contract and change order in the amount of $495,553.50 as summarized in Appendix 3 of this report. 196 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page 3 Francisco & Associates, Inc. Summary of Disallowed and Ineligible Items The Developer has provided contract documents, engineer’s certification of improvements, copies of invoices and proof of payment in support of amounts for reimbursement. Based on our review of these documents, the items submitted as part of this payment request appear to be eligible and reasonable in amount except for the items listed below. Ineligible items are not reimbursable; however, disallowed amounts will be reviewed for eligibility should the developer provide additional supporting documentation. Description of Disallowed Items (Mountain Cascade Contract No. 61000273): 1. Based on the supporting documentation provided, there are no items submitted with payment Request No. 37 that are deemed disallowed. Description of Ineligible Items (Mountain Cascade Contract No. 61000273): 1. Based on the supporting documentation provided, there are no items submitted with Payment Request No. 37 that are deemed ineligible. 197 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page 4 Francisco & Associates, Inc. III. SUMMARY OF PAYMENT REQUEST ANALYSIS The table below provides an overall summary of the Reimbursement Audit for Payment Request No 37. *Reflects total Contract and Change Order amount to date. Contractor Construction Amount Requested for Reimbursement Contract* Plus Change Orders Total Amount Invoiced Total Amount Paid Disallowed Amount Ineligible Amount Amount Approved for Reimbursement Mountain Cascade Inc.$495,553.50 $495,553.50 $495,553.50 $495,553.50 $0.00 $0.00 $495,553.50 Totals:$495,553.50 $495,553.50 $495,553.50 $495,553.50 $0.00 $0.00 $495,553.50 Construction Management (9.5% of Construction Costs per Acquistion Agreement):$47,077.58 Sub-Total:$542,631.08 Amount Previously Submitted for Reimbursement:$0.00 Retention (5% per Acquistion Agreement):($27,131.55) Total Purchase Price Amount:$515,499.53 Recommended Payment Amount:$515,499.53 198 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page 5 Francisco & Associates, Inc. IV. REIMBURSEMENT RECOMMENDATION We hereby state to the best of our knowledge, information and belief, based upon the documentation provided by the Developer that the Developer has complied with what we perceive as the requirements of the agreement for public improvements. Per the Acquisition Agreement Section 6 (Payment for the Facilities), we have audited the documentation provided by the Developer and have determined that $515,499.53 is eligible for reimbursement. Based on the latest CFD Improvement Fund balance provided by the City, there are sufficient funds to cover Payment Request No. 37. Therefore, we hereby recommend the City reimburse the Developer in the amount of $515,499.53. 199 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Francisco & Associates, Inc. APPENDIX 1 Location Map of Facilities 200 201 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Francisco & Associates, Inc. APPENDIX 2 Acquisition Agreement Removed for May 4, 2021 City Council meeting 202 City of Dublin January 8, 2021 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Francisco & Associates, Inc. APPENDIX 3 Request For Payment 203 Item Number Description Reimbursement Request 1 Mountain Cascade Inc. - Invoice #C64740 Total 227,950.20 2 Mountain Cascade Inc. - Invoice #4605 Total 218,047.95 3 Mountain Cascade Inc. - Retention Total 49,555.35 Total Reimbursement Request $495,553.50 Add Construction Management Fee 9.5%$47,077.58 Grand Total $542,631.08 City of Dublin Dublin Crossing, LLC Summary of Infrastructure Reimbursement Request #37 Attachment 1 10-Dec-20 204 City of Dublin January 8, 2021 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Francisco & Associates, Inc. APPENDIX 4 Agency Approvals 205 206 City of Dublin January 8, 2021 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Francisco & Associates, Inc. APPENDIX 5 Summary of Supporting Documentation 207 Mountain Cascade Inc. Contract ID: 61000273City of Dublin CFD No. 2015-1Phase 2B Wet Utilities123Inv. No. C64740 Inv. No. C64958 Inv. No. C65122Original ContractDate 4/20/2018 Date 8/20/2018 Date 11/20/2018Bid Item Item # Description of work Quantity Units Unit Price Total Price QTY Amount QTY Amount QTY Amount Quantity TotalCITY OF DUBLIN ON SITE IMPROVEMENTS 1 8" PVC Sewer 162 LF $73.00 11,826.00$ 162.00 11,826.00$ -$ -$ 162 11,826.00$ 2 Sewer Manholes 1 EA $5,800.00 5,800.00$ 1.00 5,800.00$ -$ -$ 1 5,800.00$ 3 Connect to Existing Sewer 1 EA $750.00 750.00$ 1.00 750.00$ -$ -$ 1 750.00$ 4 Remove Abandoned Sewer 90 LF $31.00 2,790.00$ 90.00 2,790.00$ -$ -$ 90 2,790.00$ 5 30" RCP SD 656 LF $124.00 81,344.00$ - -$ 656.00 81,344.00$ -$ 656 81,344.00$ 6 24" RCP SD 424 LF $97.00 41,128.00$ - -$ 424.00 41,128.00$ -$ 424 41,128.00$ 7 18" RCP SD 558 LF $109.00 60,822.00$ 558.00 60,822.00$ - -$ -$ 558 60,822.00$ 8 Storm Drain Manhole 3 EA $3,800.00 11,400.00$ 3.00 11,400.00$ -$ -$ 3 11,400.00$ 9 48" SD MH Base & Slab 14 EA $3,300.00 46,200.00$ 9.00 29,700.00$ 5.00 16,500.00$ -$ 14 46,200.00$ 10 Silva Cells 840 SF $104.00 87,360.00$ - -$ 840.00 87,360.00$ -$ 840 87,360.00$ 11 Connect to EX SD 2 EA $600.00 1,200.00$ 1.00 600.00$ 1.00 600.00$ -$ 2 1,200.00$ 12 8" PVC DW Line 506 LF $65.00 32,890.00$ 506.00 32,890.00$ -$ -$ 506 32,890.00$ 13 2" Water Service -3M Manifold 7 EA $2,550.00 17,850.00$ 7.00 17,850.00$ -$ -$ 7 17,850.00$ 14 2" Water Service -2M Manifold 1 EA $2,400.00 2,400.00$ 1.00 2,400.00$ -$ -$ 1 2,400.00$ 15 2" Water Service -Single Meter 1 EA $2,250.00 2,250.00$ 1.00 2,250.00$ -$ -$ 1 2,250.00$ 16 4" PVC Fire Serv Stub w/Valve 4 EA $3,100.00 12,400.00$ 4.00 12,400.00$ -$ -$ 4 12,400.00$ 17 8" Gate Valve 4 EA $1,900.00 7,600.00$ 4.00 7,600.00$ -$ -$ 4 7,600.00$ 18 Fire Hydrant 1 EA $7,350.00 7,350.00$ 1.00 7,350.00$ -$ -$ 1 7,350.00$ 19 Blow Off 3 EA $1,000.00 3,000.00$ 3.00 3,000.00$ -$ -$ 3 3,000.00$ 20 Connect to Ex. 8" DW Stub 1 EA $4,400.00 4,400.00$ 1.00 4,400.00$ -$ -$ 1 4,400.00$ 21 Recycled Water 8" PVC RW Line 440 LF $70.00 30,800.00$ 440.00 30,800.00$ -$ -$ 440 30,800.00$ 22 Recycled Water 1.5" Irrigation 1 EA $2,850.00 2,850.00$ 1.00 2,850.00$ -$ -$ 1 2,850.00$ 23 Recycled Water Blowoff 1 EA $1,900.00 1,900.00$ 1.00 1,900.00$ -$ -$ 1 1,900.00$ 24 Recycled Water Connect to Ex 8 1 EA $3,900.00 3,900.00$ 1.00 3,900.00$ -$ -$ 1 3,900.00$ CONTRACT TOTAL: 480,210.00$ Sub Total 253,278.00$ 226,932.00$ -$ 480,210.00$ Change OrdersCO #1 25 Excavation Joint Trench 1 $952.00 952.00$ -$ 1.00 952.00$ -$ 1 952.00$ CO #1 27 AC Pipe Demo & Offhaul 1 $14,391.50 14,391.50$ -$ 1.00 14,391.50$ -$ 1 14,391.50$ Change Order TotalCHANGE ORDER TOTAL: 15,343.50$ Sub Total -$ 15,343.50$ -$ 15,343.50$ Invoice Total 253,278.00$ 242,275.50$ -$ 495,553.50$ GRAND TOTAL: 495,553.50$ Retention Total (25,327.80)$ (24,227.55)$ 49,555.35$ -$ Invoice Payment227,950.20$ 218,047.95$ 49,555.35$ 495,553.50$ CONTRACT TOTALSINVOICED TOTALSN:\Dublin\Acq. Audit\Reimbursement Request No. 37 - Mountain Cascade\Excel\Req. 37_construction Page 1 of 1 208 Goodfellow Top Grade Construction, LLCContract ID: 61000279City of Dublin CFD No. 2015-1Phase 2B PavingPayment RequestItem No.Invoice No.InvoiceDate InvoiceAmount for Work Completed Retention Net Invoice Amount Check No.Amount Paid to Contractor under Current RequestCheckDate Actual Check Amt Proof ofPayment Made Payable ToLienRelease1 C64740 4/20/2018 253,278.00$ (25,327.80)$ 227,950.20$ 610002906 227,950.20$ 7/9/2018 227,950.20$ Cancelled Check Mountain Cascade Inc Cond.2 C64958 8/20/2018 242,275.50$ (24,227.55)$ 218,047.95$ 610003468 218,047.95$ 10/31/2018 218,047.95$ Cancelled Check Mountain Cascade Inc Cond.3 4943 6/25/2018 -$ 49,555.35$ 49,555.35$ 610002964 49,555.35$ 7/26/2018 429,827.40$ Cancelled Check Mountain Cascade Inc Cond.495,553.50$ -$ 495,553.50$ 495,553.50$ 875,825.55$ INVOICE INFORMATIONPAYMENT AND LIEN RELEASE INFORMATIONTotals:N:\Dublin\Acq. Audit\Reimbursement Request No. 37 - Mountain Cascade\Excel\Req. 37_construction209 January 28, 2021 Page 1 of 2 Francisco & Associates, Inc. N:\CMFA- Acquisition Audit\CFD No. 2020-5 (Granite Bluff)\Granite Bluff CFD - PR No. 1\Audit Package\To City\Granite Bluff CFD Payment Request No. 1 Audit Letter - To City (1-27-2021).docx January 28, 2021 Ted Williams Finance Analyst City of Rocklin 3970 Rocklin Rd Rocklin, CA 95677 Subject: CMFA CFD No. 2020-5 (City of Rocklin – Granite Bluff) CMFA BOLD Series 2020B Disbursement Request Dear Ted: We hereby submit our review of the KB Home Sacramento, Inc. request for payment related to the City of Rocklin impact fees to be funded from the subject CFD bond issue. We have reviewed the information provided on behalf of CMFA and have determined the eligibility of payment as summarized in the table below. Enclosed is a Disbursement Request form to be executed by the City of Rocklin and returned to CMFA. The Disbursement Request form corresponds to the reimbursement amount to the City. We expect the funds to be transmitted to the City within a few days after receipt by CMFA. If you have any questions, please call me at (925) 867-3400. Sincerely, FRANCISCO & ASSOCIATES, INC. Ed Espinoza, P.E. Principal CC: John Stoecker, CMFA (jstoecker@cmfa-ca.com) Travis Cooper, CMFA (tcooper@cmfa-ca.com) David Judy, KB Home Sacramento, Inc. (dajudy@kbhome.com) Mike Whipple Jr, Development & Financial Advisory (Mike.whipplejr@devFA.com) IMPACT FEE DESCRIPTION AMOUNT REQUESTED FOR REIMBURSEMENT AMOUNT VERIFIED TOTAL AMOUNT APPROVED FOR CFD REIMBURSEMENT City Traffic Fees $52,836.00 $52,836.00 $52,836.00 City Public Facilities Impact Fee $58,618.00 $58,618.00 $58,618.00 AMOUNT APPROVED FOR REIMBURSEMENT TO CITY $111,454.00 A Financial Services Group 210