HomeMy WebLinkAboutItem 4.11 Assmt Dist Fee Admin Svcs
CITY CLERK
File # D[ll][l1][Q]-[3][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 20, 2008
SUBJECT:
Amendment to Consulting Services Agreement with MuniFinancial
for Assessment District and Fee Administration Services
(Modification to Scope of Work and Additional Compensation)
Report Prepared by: Melissa Morton, Public Works Di~
ATTACHMENTS:
1)
2)
Resolution Amending Agreement
Agreement dated February 6, 2007
RECOMMENDATION: ~ Adopt Resolution approving Amendment No. 1 to the
JR MuniFinancial contract to include the addition of two GHADs and
0' to provide additional compensation of$5,000.
FINANCIAL STATEMENT:
The cost of these services would be paid by the individual
assessment districts or fees. The following chart includes the
proposed additional contract rates for 2008-09:
New District
Fallon Village Geologic Hazard
Abatement District
Annual Fee
$2,500
Schaefer Ranch Geologic Hazard
Abatement District
$2,500
DESCRIPTION: Historically, the City of Dublin has utilized consulting firms to
prepare the annual Engineer's Reports required for each assessment district. In 2007, the City Council
approved the agreement with MuniFinancial to conduct assessment district and fee administration
services.
On December 18, 2007, the Board of Directors approved the creation of the Fallon Village and Schaefer
Ranch Geologic Hazard Abatement Districts (GHADs).
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COpy TO: Marc Grijalva, MuniFinancial
Page 1 of2
ITEMNO.~
G:\CONSULTANTS\MuniFinancial\agst amend May 20 2008.doc
Staff wishes to begin assessing the GHADs in Fiscal Year 2008-2009. In order to fulfill legal
requirements for the preparation of the Engineer's Report, the original agreement with MuniFinancial
must be amended to include fee administration duties for the GHADs. MuniFinancial has agreed to an
annual fee of$2,500 for each GHAD.
On December 18, 2007, the City Council approved the use of City Staff on an interim basis to provide
services to the GHADs. It is the opinion of the City Attorney that MuniFinancial is acting as City Staff
through its fee administration duties and therefore falls under the purview of the December 18 action. The
GHADs will reimburse the City for costs incurred from MuniFinancial's GHAD fee administration duties.
Staff recommends that the City Council adopt the resolution approving Amendment No. 1 to the
MuniFinancial contract to include the addition of two GHADs and to provide additional compensation of
$5,000.
Page 2 of2
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RESOLUTION NO. - 08
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND MUNIFINANCIAL
FOR ASSESSMENT DISTRICT AND FEE ADMINISTRATION SERVICES
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and MuniFinancial, entered
into an agreement on February 6, 2007, to perform Assessment District and Fee Administration Services;'
and
WHEREAS, on November 7, 2006, by Resolution No. 211-06, the City Council of the City of
Dublin initiated proceedings, and on December 5, 2006, by Resolution No. 224-06, ordered the formation
of the Schaefer Ranch Geologic Hazard Abatement District (Schaefer Ranch GHAD) pursuant to the
provisions of Division 17 (Section 26500 et seq.) of the Public Resources Code, entitled "Geologic
Hazard Abatement Districts"; and
WHEREAS, on November 6, 2007, by Resolution No. 196-07, the City Council of the City of
Dublin initiated proceedings, and on December 4,2007, by Resolution No. 216-07, ordered the formation
of the Fallon Village GHAD pursuant to the provisions of Division 17 (Section 26500 et seq.) of the
Public Resources Code, entitled "Geologic Hazard Abatement Districts"; and
WHEREAS, on December 18, 2007, the City Council approved the use of City Staff on an
interim basis to provide services to the Schaefer Ranch and Fallon Village GHADs; and
WHEREAS, On February 5, 2008, The Board of Directors of the Schaefer Ranch and Fallon
Village GHADs ordered the annual levy and collection of assessment against the properties within the
Schaefer Ranch and Fallon Village Geologic Hazard Abatement Districts, for the 2008-2009 Fiscal Year
and for subsequent years, the assessment amounts apportioned in accordance with the engineer's report,
on file with the GHAD District Clerk, adjusted for inflation annually to reflect the percentage change in
the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers as of the preceding
December; and
WHEREAS, it is necessary to amend MuniFinancial's scope of work to include the Schaefer
Ranch and Fallon Village GHADs;
NOW, THEREFORE, the parties hereto agree as follows:
Scope of Work
Scope of Work shall be modified to include the additional scope of work as described in
MuniFinancial's letter dated January 28,2008 (Exhibit A).
Compensation
The total cost for time-and-materials work under this amendment s!,WI,not, exceed a,n add,', itional"
$5,000 based on Exhibit A. .1. lftA~OI lC
PASSED AND ADOPTED on the 20th day of May, 2008, by the following vote:
AYES:
NAYS:
ABSTAINED:
ABSENT:
c2 ~lf '}
Mayor
ATTEST:
City Clerk
G:\CONSUL T ANTS\MuniFinancial\Reso amend May 20 2008.DOC
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MuniFinancial
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A Member of The Willdan Group of Companies
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January 28, 2008
Ms. Erin Lamberger
Administrative Analyst
Public Works Department
City of Dublin
100 Civic Plaza
Dublin, California 94568
Re: Addendum to Administer Two New Districts for the City of Dublin
Dear Ms. Lamberger:
As discussed, attached are two (2) originals of an addendum to the original agreement dated
February 6, 2007; whereby, the following two (2) new districts have been appended:
. PaBon VjJJage Geologic Hazard
Abatement District
. Schaefer Ranch Geologic Hazard
Abatement District
If acceptable, please sign both documents, returning one (1) in the envelope that has been provided
for your convenience.
We look forward to continuing to serve the City of Dublin and working with you and your staff. If
you have any questions regarding this agreement, please contact me at your earliest convenience at
either (916) 924-7000, or via email atmarcg@muni.com.
Very truly yours,
MuniFinancial
/
1:/~~
//
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//
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Marc Grijalva, Project Manager
District Administration Services
Attachment
MG:aer\G:\Contracts\Califomi.\D"trict Admu,istration Services (DAS)\Dublu,\Contracts\2007\Dubl;" Addeo f;"a1 Sent (Add 2 New GHAD, fallon-Schaefer) 12-27-07 (2).doc
EX.-T 1\.
To the Resolution
FIRST ADDENDUM TO AGREEMENT
1.+ 1 If/I
EXHIBIT A - FEES FOR SERVICES
Assessment District Administration
Appending New Districts
The number of parcels and districts shown below is the basis of this addendum. Provided service
falls under the Landscaping and Lighting Assessment District Administion scope of services of the
original agreement dated February 6, 2007. Any substantial variation in number may cause a change
in our fee structure. These fees and rates are subject to increase, which will not exceed the most
recent annual change in the Consumer Price Index (CPI) within the San Francisco-Oakland-San Jose
areas, as calculated by the United States Department of Labor. Unless another billing format is
mutually agreed upon between the City of Dublin and MuniFinancial, fees are payable monthly, as
the work progresses, on a percentage-completion basis.
1- .. - - -~:i:-----r~;::bT~nnuaIFee
Fallon Village Geologic Hazard Abatement 1,043 $ 2,500
District
Schaefer Ranch Geologic Hazard Abatement 302 2,500
District
Houri Rates
Additional services may be authorized by the City of Dublin and will be billed at our then-current
hourly consulting rates. Our current hourly rates are:
Title - I - Hourly Rate - I
Division Manager
Principal Consultant
Senior Project Manager
Project Manager
Senior Project Analyst
Senior Analyst
Analyst
Analyst Assistant
Property Owner Services Representative
Support Staff
$ 180
145
125
105
95
85
75
65
50
45
Addendum to Agreement Dated:
P~I.~..__."; ?nn'T
Page 1
City of Dublin
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FIRST ADDENDUM TO AGREEMENT
EXHIBIT A - FEES FOR SERVICES
The agreement between MuniFinancial and the City of Dublin, dated February 6, 2007,
(hereinafter, the "Agreement") is amended as follows:
A. Section One (1) entitled, "Services," of the "Consulting Services Agreement Between the City of
Dublin and MuniPinancial" for annual District Administration Services is amended to include:
. FaBon Village Geologic Hazard
Abatement District
. Schaefer Ranch Geologic Hazard
Abatement District
B. Section Two (2) of the Agreement entitled, "Compensation," is amended to include the
afore-listed fees.
All other tenus and conditions contained in the Agreement shall remain in full force and effect.
Executed this January 28, 2008.
CITY OF DUBLIN
MUNIFINANCIAL
By, ,tl::ff~Z7v By,
/J1p~m~M
Print Name _ ). - .
~/~ aJ/l:r(YJI.#/~r
Title
Mark J. Risco
Vice President
Addendum to Agreement Dated:
_ ~__ / ...,ALl"'7
Page 2
City of Dublin
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MUNIFINANCIAL
THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City")
and MuniFinancial ("Consultant") as of February 6,2007.
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 date first noted above
and shall end on June 30,2010, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to 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 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 in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assianment 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 Section 1.1 above and to satisfy Consultant's obligations hereunder.
Consultant shall not be responsible for delays beyond Consultant's reasonable control.
Section 2. COMPENSATION. City hereby agrees to pay Consultant an annual sum not to exceed
Twenty Three Thousand Dollars and No Cents ($23,000), notwithstanding any contrary indications that
may be contained in Consultant's proposal, for services to be 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.
Consulting Services Agreement between
City of Dublin and MuniFinancial
ITTIC_ElT 2.
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Except as specifically authorized by City, 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. Invoices shall contain the following information:
· Clear numerical identification, with no duplication of numbering;
· 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;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, 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, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
· The Consultant's signature.
2.2 Monthlv 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 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.
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 2 of 15
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2.4 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. ~hi~it B.
2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 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 in order to verify costs incurred to that date.
2.8 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.
2.9 Rate Adiustments. Consultant will be entitled to an annual rate adjustment upon each
annual anniversary of this Agreement, the amount of said increase to be approved by the
City. The base for computing the adjustment shall be the Consumer Price Index for Urban
Wage Earners for the San Francisco-Oakland Bay Area published by the U.S. Department
of Labor, Bureau of Labor Statistics (Index) which is published for the year ending in
December. If the Index has increased over the Index for the prior year, the rates for the
following year shall be established by multiplying the rates for the current year by a
fraction, the numerator of which is the Renewal Index and the denominator of which is the
Index for the preceding year. In no case shall the adjusted rates be less than the initial
rates as set forth in Exhibit B. A sample calculation is set forth below. The Public Works
Director shall calculate the adjusted rate on each anniversary date of this agreement and
shall provide notice to Consultant of such new rates.
SAMPLE CALCULATION: (Using 1% index increase as an example)
HOURLY CHARGE RATE
INDEX INCREASE (Assuming 1%) 150 x .01 = 1.50
$150.00/hr
1.50/hr
$151.50/hr
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.
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 3 of 15
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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 beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance 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.
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 to the City. 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. 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 thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. 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 ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those 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
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by first class mail, postage prepaid, has been given to the City, 10
days' notice if cancellation is due to nonpayment of premium. Consultant shall notify City
within 14 days of notification from Consultant's insurer if such coverage is suspended,
voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1.000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 4 of 15
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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 covera~e. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed.
1/73) covering comprehensive General Liability and Insurance Services Office
form number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("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 an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled by either
party except after thirty (30) days' prior written notice by first class mail,
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 5 of 15
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postage prepaid, has been given to the City, ten (10) days' notice if
cancellation is due to nonpayment of premium. Consultant shall notify
City within 14 days of notification from Consultant's insurer if such
coverage is suspended, voided or reduced in coverage or in limits.
4.3 Professional Liabilitv Insurance. 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 ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals'
errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $250,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be canceled by either party,
except after thirty (30) days' prior written notice by first class mail, postage
prepaid, has been given to the City, ten (10) days' notice if cancellation is due to
nonpayment of premiums.
4.3.3 The following provisions shall apply if the professional liability coverages are
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 five 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 must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
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 AV/!.
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 6 of 15
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4.4.2
4.4.3
4.4.4
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Verification of coveraae. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms
of such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the 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.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coveraae. In the event that any coverage required
by this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
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
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;
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 7 of 15
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· 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. Consultant shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses
and costs (including, without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Consultant's performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's
inability to evaluate Liability or because the Consultant evaluates Liability and determines that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the Town. If the
Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Consultant under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the
tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any
type to express or implied indemnity against the Indemnitees.
However, notwithstanding the foregoing, in accordance with California Civil Code Section 1668, nothing in
this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or
property of another, or violation of law. In addition, and notwithstanding the forgoing, to the extent this
Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be
amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be
prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6.
STATUS OF CONSULTANT.
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 8 of 15
.'
6.1
6.2
Section 7.
7.1
7.2
7.3
7.4
/4 ~ LtC;
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. 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 Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. 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.
Consultant No 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.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
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.
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, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 9 of 15
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)51 Lf~
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 comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 10 of 15
I G .~r 4c;
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 thirty (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,
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 Assianment and Subcontractina. 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 bv Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 11 of 15
" , 7 (~ If C)
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.
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 three (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 Section 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 TEN THOUSAND DOLLARS ($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 three (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
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 12 of 15
..
I <?;f L;-4
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 Severabilitv. 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.
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 Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve
(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 twelve 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
Government Code S1090 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
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 13 of 15
-'
.
ri ~ 41
may be subject to criminal prosecution for a violation of Government Code S 1090 and,
if applicable, will be disqualified from holding public office in the State of California.
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 Melissa Morton,
Public Works Director ("Contract Administrator"). All correspondence shall be directed
to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Any written notice to City shall be sent to:
Melissa Morton
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility,. as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 14 of 15
"
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dO ~1 49
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CON" SU, L~//r ----=--
t!( /~--z:::~
r
Mark Rlsco, Division Manager,
Vice President, District Administration Services
Atlest~_
Fawn Holman, City Clerk
Approved as to Form:
. . r ,
~ , '... - '.
Elizabeth Silver, City Attorney
G:\CONSUL TANTS\consulting agreement REVISED (June 2004).doc
Consulting Services Agreement between
City of Dublin and MuniFinancial
February 6, 2007
Page 1.5 of 15
c9 I ~f iF]
EXHIBIT A
SCOPE OF SERVICES
To provide general Assessment District and Fee Administration Services as delineated in the proposal
dated December 12, 2006, which is attached hereto.
For taxpayer point of contact services, the City will require a report of calls received, including the name of
the taxpayer, APN, description of request, and description of response, on at least a quarterly basis.
Consulting Services Agreement between
City of Dublin and MuniFinancial-Exhibit A
February 6, 2007
Page 1 of 1
(~02 :1 11
EXHIBIT B
COMPENSATION SCHEDULE
Compensation shall be paid per the following Fee Schedule:
DISTRICT I FEE 2007-08 BASE FEE
Citywide Street Light Maintenance Assessment District 83-1 $4,000
Landscape Maintenance Assessment District 83-2 (StaQecoach) $2,500
Landscape Maintenance Assessment District 86-1 (DouQherty) $2,500
Landscape Maintenance Assessment District 97-1 (Santa Rita)) $2,500
Dublin Ranch Street LiQht Maintenance Assessment District $3,500
Refuse Collection Fee $3,700
EMS Fee $3,700
Dublin Blvd. Extension Assessment District $500
Total $22,900
G:ICONSUL TANTSlconsulting agreement REVISED (June 2004).doc
Consulting Services Agreement between
City of Dublin and MuniFinancial--Exhibit B
February 6, 2007
Page 1 of 1
,~ MuniFinancial
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December 12,2006
Ms. Ginger Russell, Senior Administrative Analyst
Public \'</orks Department
City of Dublin
100 Civic Plaza
Dublin, California 94568
Re: Proposal to Provide Administration of Assessment Districts and Fees Collected on Property Tax Bill Services
to the City of Dublin
Dear Ms. Russell:
In response to the City of Dublin's Request For Proposal dated November 16, 2006, we are pleased to present the following
proposal for District Administration Services. MuniFinancial understands that the City wishes to retain a consulting firm to
annually administer its existing eight (8) districts comprising five (5) Landscaping and Lighting Assessment Districts, one (1)
1915 Act Improvement District, one (1) Excise Tax for Emergency Medical Services, and one (1) Service Fee for Residential
Garbage & Recycling Services. We are also aware that the City may, at its discretion, wish the optional requested services of
Taxpayer Point of Contact, Mailing, and Balloting. As attributes are considered in the selection of a firm to handle these
important tasks, we believe that the City will determine that MuniFinancial is both uniquely equipped and committed to
handling these tasks with the greatest level of quality, as well as District Administration Services excellence, for the following
reasons:
Commitment - this past year, our staff was responsible for administering 1A15 Special Districts representing $592
million on 6.12 million parcels-that's over half a billion dollars in individual fees, charges, taxes and assessments in
38 counties in California on behalf of 194 public agencies. All of the 1,415 levies were submitted on time to each of the
respective counties.
Depth of Experience - MuniFinancial has consistently been at the forefront of innovative approaches to Special
District formation and administration in California. We pioneered many practices that are now considered industry
standards by our competitors. Some of our clients for Assessment District Engineering Services include the cities of
Sacramento, Roseville, Hercules, Vallejo, and Riverbank.
Technology - we have invested considerable resources in the development and continual enhancement of
MlJniMagic:"'\ our customized proprietary software system. This system houses, manipulates, and stores the data needed
for accurate charge administration and historical record keeping; moreover, it allows us make your data available via direct
Internet access to your staff. The advancements in our software allow City staff to access current parcel and special
assessment records, as well as access detailed reports.
As MuniFinancial is actively involved with all of the above-mentioned services requested by the City of Dublin, we will act as
an extension of City staff to provide the requisite experience and technical knowledge to successfully complete this project
in a timely manner. In view of that fact, Mr. Bill Moses will serve as senior project manager, while Mr. Marc Grijalva will
provide a local support presence as senior analyst and will act as the City's "primary" contact from MuniFinancial's office in
Sacramento, California. For this commitment, we have also enlisted the assistance of Mr. Richard Kopecky, P.E., from our
affiliate company, rrJ'illdan, who will serve as the principal assessment engineer.
Thank you for this opportunity to serve the City of Dublin and request that if you should have any questions, please contact
Senior Project Manager Bill Moses or me at (800) 755-MUNI (6864). We can also be contacted via email atbillm@muni.com
and markr@muni.com, respectively. Based on the attached scope of work and fee schedule, which is valid for up to ninety
(90)-days from the proposal date, I have the authority to bind the firm.
Sincerely,
MuniFinancia1
~/~
Mark Risco, Vice President and Division Manager
District Administration Services
2736.'> V'i(l Industria, Sltite 110
Temecula, Cali/omia 92'i90
qC;1:~:qtn l>lIU-n.; ('ntH
Td: (800) 755-MU'vf (6864)
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c3 4 ~ 41
TABLE OF CONTENTS
PROJECT UNDERSTANDING 1
FIRM DESCRIPTION 2
Corporate Overview 2
MuniFinancial's Major Focus 3
MuniFinancial's Structure 4
QUALIFICATIONS AND EXPERIENCE 5
Demonstrated Administrative Knowledge 5
Related Project Experience 9
Staff Experience and Qualifications 9
Subconsultants/subcontractors 14
SCOPE OF SERVICES 15
Landscaping and Lighting Assessment District Administration 15
1915 Act Assessment District, Citywide Refuse Fee, and Citywide EMS Fee
Administration 17
Optional Services 18
Client Responsibilities 18
PROJECT TIMELlNE 20
District Administration (Fiscal Year 2007/08) 20
CLIENT REFERENCES 21
CONTRACT EXCEPTIONS 22
Page 4; Section 4.1, "Workers' Compensation" 22
Page 5; Section 4.2.3, "Additional Requirements"; Item "e" 22
Page 5, Section 4.3.1, "Professional Liability Insurance" 22
Page 5, Section 4.3.2, "Professional Liability Insurance" 22
COST PROPOSAL 23
District Administration Services 23
Optional Services 23
Reimbursable Expenses 24
Additional Services 25
~ MuniFinancial
P';lge i
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PROJECT UNDERSTANDING
MuniFinancial understands that the City of Dublin wishe~y'to retam\a consulting
firm to provide annual administration services for thei'City's eight '\8) districts,
along with separate levies. These districts are comprisy,d of the follow~lg:
Citywide Street Lighting Maintenance )4ssess,emt District 83-1
(approximately 9,563 parcels);
Landscaping and Lighting Mainteance Assessment District 83-2 (Stagecoach Road) (703
parcels) ;
Landscaping and Lighting Maintenance Assessment District 86-1 (Dougherty Road)
(1,150 parcels);
Landscaping and Lighting Maintenance AssessmentDistrict 97-1 (Santa Rita Area) (967
parcels) ;
Dublin Ranch Street Lighting Maintenance Assessment District 99-1 (2,644 parcels);
EMS (Emergency Medican Service) Tax (13,359 parcels);
Dublin Boulevard Extension 1915 Act Assessment District (15 parcels); and lastly
Residential Garbage and Recycling Services Fee (9,505 parcels).
In addition, should it be required by City staff, the City wishes to explore the option of the format
and content review of mailed legal notices, as well as of the data necessary to distribute ballots.
As we are actively involved in the administration of Landscaping and Lighting Districts, Community
Facilities Districts, Local Improvement Districts and Special Parcel Taxes throughout the State of
California, we understand the complexities and challenges faced by local agencies as the day-to-day
administration of these Special Districts is completed; and we are attuned to the additional attention
to detail warranted by the passage of Propositions 218 and 13. As a result, we have selected a project
team to address the need for experienced personnel in the area of comprehensive district
administration. Our team will complement and serve as an extension of in-house agency staff in
providing specialized expertise and services related to Special Districts.
As a basis for this project, we will utilize our extensive experience gained in administering over six
million parcels for 1,415 Special Districts; thus helping to ensure that the City has access to
current trends and activity in many communities.
We look forward to the opportunity to bring our experience and expertise to the City of Dublin.
~MuniFinancial
Page J
}' 1'i!!.
FIRM DESCRIPTION
b:
CORPORATE OVERVIE\N
"
R MuniFinancial
'\X7 ~1~~1g~~
~ARROYO
vIA""",,.,', :,$1B, " ' (':1' \ H r (~l,t N ICr'\ I
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A.merican Homeland Solutions
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MimiFinancial, Willdan, Arroyo Geotechnical, and
American Homeland Solutions are the four (4)-company
public service team that has grown from the 1964
establishment of Willdan Engineering, known today as
W/illdan Group" Inc. This group of companies provides
financial and economic consulting, civil and structural
engineering, planning, geology and geotechnical engineering,
and security consulting services for public sector clients
throughout California and across the nation.
MuniFinancial provides financial and economic consulting for
growth planning, revenue generation, debt administration, and
municipal services, with specialties, such as ongoing Municipal
Disclosure and Arbitrage Rebate compliance. Established in
1988, MuniFinancial has worked with more than 600 public
agencies throughout the United States.
Willdan is a full-service, multi-disciplinary California
corporation that specializes in consulting, engineering and
planning services for governmental agencies. Willdan has
expanded in size, locations, and service capabilities; thus
becoming an industry leader in public works design, planning,
and financing. Its staff of over 441 professional and technical
experts includes specialists in highways and roadways, drainage
and flood control, bridges, traffic and transportation,
municipal landscape architecture, environmental planning;
construction management, building and safety services, urban
and regional planning; water resources, structural engineering,
computer-aided analysis and design; and other technical fields.
Arroyo Geotechnical offers a full complement of
geology/geotechnical engineering capabilities, including soils
engineering, earthquake and seismic hazard studies, geology
and hydrogeology engineering. Arroyo Geotechnical also
maintains a full-service geotechnical laboratory.
American Homeland Solutions (AHS) is the most recently
formed subsidiary of Wi/Man Group) Inc. AHS is dedicated to
helping clients enhance their preparedness and responsiveness
to domestic security. AHS intends to partner with clients to
assist them with obtaining available funding and finding
innovative security solutions. Some of the areas of opportunity
include homeland security needs assessments, school security
planning, grant writing, public education outreach, and
emergency response trammg.
~MuniFinancial
Page 2
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MUNIFINANCIAL'S MAJOR Focus
MuniFinancial has the largest Special District formation and administration practice in the nation.
\X1e are also known as the pre-eminent Municipal Disclosure firm and a major provider of Arbitrage
Rebate services. Our clients include cities, counties, state agencies, port authorities, housing agencies,
Special Districts, and school districts. Our staff of approximately 80 professionals acts as an
extension of agency staff, providing such services as:
Administration of Special Taxes, assessments,
standby charges and utility rates;
Arbitrage Rebate calculations;
Municipal Disclosure reports preparation and
dissemination;
MUhiFinancial', provides' 'tne following,
primary serviGes: '
./ District Administration Services
./ Financial Consulting Services
./ Federal Compliance Services
Economic studies, such as fiscal analyses of
new development, LAFCO studies and
developer impact fees;
Financial studies to identify funding sources or determine optimal utility rates, standby charges
and cost of services; and
District formation services for capital project Assessment/Local Improvement Districts,
Community Facilities Districts, Landscaping and Lighting Districts and Special Taxes.
In addition, we are dedicated to the improvement of our technology. Our Information Technology
staff has created MuniFinancial's Municipal Administration Go.vernment Information
Coordinator (/i.:fu11.iNJagic), a custom software program to address the specific requirements
related to administering taxes, assessments, standby charges and fees. The latest advance in the
program allows clients to access parcel information through the Internet with a menu-driven format.
Since our inception and incorporation onjune 24. 1988, MuniFinancial's center of operations has
been the City of Temecula, California. Committed to our successful corporate philosophy of personal
sert1ice for 18 years, we provide support throughout the year - and for years after. Clients can be
assured that should any questions or issues arise, we can be reached.
MuniFinancial focuses on the following client base:
.../ Sta~e:llgencies'
../ Counties
../ Cities
../ School Districts
../ Special Districts
· Community Services Districts
· Recreation and Park Districts
· Water Districts
· Vector Control Districts
~ MuniFinancial
Page 3
0;8 ~tr'1
MUNIFINANCIAL'S STRUCTURE
MuniFinancial's mission is to provide our clients services as rapidly and
as economically as possible. Our approach to all projects involves
assembling a core team of key staff to be responsive to our clients' needs.
Our strategy is to integrate the MuniFinancial Team with client staff and
other design team members as much as is practical to form a cohesive
and flexible unit capable of responding to the required scope of services
and any unforeseen situations which may arise. MuniPinancial's strong
professionals have extensive hands-on experience in all aspects of
Financial Consulting Services.
Periodically, throughout the course of a project and at the end of each
submittal, the project manager and/ or principal-in-charge will contact the
client to get feedback on the MuniFinancial's Team's performance to
ensure the client is satisfied. The following organizational chart outlines
the basic MuniPinancial structure:
,';.. Frank Trlpepl
President and CEO
ManagerHentlnfQrmation
Systems
'" rkRisco'
esident and
Division Manager
District Adrninistration
Services
Financial Consulting
Services
Federal Compliance
Services
~~
~ MuniFinancial
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QUALIFICATIONS AND EXPERIENCE
DEMONSTRATED ADMINISTRATIVE KNOWLEDGE
As the largest Special District formation and
administration practice in the nation, MuniFinancial
provides administration, financial, and consulting
services in four (4) states-California, Arizona,
Florida) and Washington. Together with our affiliate
engineering company, \Villdan, MuniFinancial
offers a truly unique range of services to local
government. With hundreds of ongoing client
relationships for fmance, engineering, and other
services, we have been consistently called upon to
assist public agencies with a wide range of special
projects. We bring to the City of Dublin the
experience and knowledge of seasoned municipal
finance consultants and engineering experts under
one (1) roof.
./
tln,nual Engin
Reports, "bu t.atzdresolutions
./ Bill charges directlyth()ugh County tax
rolt
./ Comprehensive reporting
./ Financial analysis, modeling and budget
forecasting
-/ Toll-free line
./ Reporting on phone call activity
./ Reporting on collections and payment
status
Calculation of prepayment quotes
Legislative updates
MuniFinancial's District Administration Services
address the ongoing day-to-day activities associated ./
with the long-term collection of bonded and ./
pay-as-you-go Special Taxes, assessments, fees,
utility rates, and standby charges. These types of services demand accurate, timely, and
knowledgeable treatment of many details. Subsequently, MuniFinancial focuses on quality control
and brings the advantage of current technology and knowledge of recent legislation to our clients.
MuniFinancial has several attributes that set us apart from our competitors:
Our company was formed to specifically offer annual district administration as a specialty
service. Our organizational structure and systems have been designed to meet the needs of this
niche market;
Our staff has more than 18 consecutive years of providing engineering and consulting services
related to Special Districts;
A focus on personalized customer service, expressly on acting as an extension of agency staff;
itfuniJ1agic - specifically designed for district administration. This is the database tool we use
to process levies, automate Delinquency Management, and to serve as a central source to address
property owner and interested parties' inquiries. New functionality allows reporting on phone
call activity;
Financial consulting services that include cost-of-service studies, rate analyses, district formation,
fiscal impact studies, and economic analyses. All of these available services enhance our ability to
serve public agencies;
A dedicated staff committed to meeting deadlines, being responsive to clients, and working hard
to stay on top of legislative and industry developments;
In-house licensed engineers to generate Engineer's Reports and related documents; and
Internet access (optional): Web access to parcel data is available to clients for whom
MuniFinancial administers district data. Details on this exceptional service are available upon
request.
!;:---4 Page 5
~MuniFinancial
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District Administration Services Historical Statistics
The following charts provide information on districts that MuniFinancial is contracted to annually
administer. On behalf of our clients, we are now responsible for levying over half a billion dollars
each year.
COUNTIES SERVED
::15
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FISCAL YEAR
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i
DISTRICTS ADMINISTERED
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III
J- IZOO
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Q 400
. 'II:: 200
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DOLLARS LEVIED
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CONTRACTS BY AGENCY TY PE
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~ MuniFinancial
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AGENCIES S5:RV5:D
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190
lB5
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165
160
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05/06
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03/04
04/05
FISCAL YEAR
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PARCELS LEVIED
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FISCAL YEAR
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2006/07 DISTRICTS ADMINISTERED SY AGENCY TYPE
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emO"..38
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COU,..TIES ~ 16
~R"QPN:ATION & PAJltK
DISTRICTS - 5"7
OfUTRICT!I .
26
DISlTAICTS.
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2006/07 OISTRICTS AOMINISTEREO BVTYPE
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OISTRIt:1'9 - 63S DllITRfCTS
ASSESSMENT OISTRICTS'!
424 01 TRICTS
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DISTRICT
Page 6
01 <().;f Lf"~1
Assessment Engineering Experience
With the passage of Proposition 218 in November of 1996, greater focus has been placed on
assessment methodologies, determination of benefit and corresponding assessments.
MuniFinancial has prepared hundreds of levy reports; thus giving the company one of the most
comprehensive set of assessment methodologies in the industry that is applicable to various
assessment districts.
The requirement of a "special" benefit finding, distinct from a "general" benefit identified in
Proposition 218, was not a radical departure from the pre-existing practice and case law.
However, since many assessment formulas might not withstand the heightened scrutiny that is
likely to result from Proposition 218, the identification of special and general benefits during the
review of assessment methodologies is very important. The clarity and documentation of benefit
findings in the Engineer's Report is a critical factor for supporting annual assessments; and each
year, MuniFinancial works closely with our clients to enhance this documentation.
Communication and Protest Ballot Experience
Since the enactment of Proposition 218, MuniFinancial has assisted numerous local governments
with the formation of new districts, re-engineering projects and assessment increases. Our clients
have discovered the benefits to the entire process of engaging a firm that brings a financial
management and planning perspective to the creation of new districts or to proposing assessment
increases. Engineering firms are just that - firms that specialize in engineering. The public
perceives Landscape and Lighting (L&L) districts as afinancing mechanism, not as a blueprint.
Our ability to consider the needs of all stakeholders in Assessment Districts provides our clients
with not only well-documented information, but with satisfied constituents and policymakers over
time. During the countless public meetings and hearings in which we were involved over the past
several years, we were largely responsible for educating the public on the benefits of the financing
mechanism. Our finance-oriented approach successfully meets the public's demand for straight
answers. We avoid relying on convoluted engineering analysis during public meetings (even though,
of course, our Engineer's Reports are prepared using engineering analysis).
The core of our successful approach to annual hearings and property owner protest ballot
proceedings is the knowledge that the property owners are our customers, too - not just the
agency.
Experience with the Alameda County Auditor/Controller
Our staff has long-time experience working with the Alameda County Auditor/Controller's Office,
the Assessor's Office, and Tax Collector. Our project team has more than 16 years' experience
working with these offices and is extremely familiar with their procedures and practices.
In addition, because MuniFinancial submits numerous assessments to the County, we have
developed a strong working relationship that has benefited the County and our clients.
Quality Assurance/Control
A key to our success is a designated project manager responsible for implementing quality control
measures. Mr. Bob Quaid, CPA, is instrumental in preparing quality control checklists and sign-off
mechanisms for all of our administration services. These quality control measures are embedded in
the latest evolution of our administration software and are a required element of the day-to-day
analyst and project management activities within the division.
~ MuniFinancial
P,tge 7
.
.
32 ~ I;-~
~J., .",,-
\vTe also incorporate three (3) levels of review for our products and deliverables. These review levels
of all work products include: 1) Peer review, 2) Project manager review, and 3) Final quality
assurance manager review. Peer reviews involve one (1) analyst reviewing the \vork of another,
while project manager reviews are conducted on each district product prior to delivery to the quality
assurance manager. The quality assurance manager then performs a final review for districts. This
assures that our final product has been thoroughly reviewed for potential errors; thus providing
quality client deliverables.
Property Owner Service Representatives
MuniFinancial's four (4) full-time property owner services representatives spend their days accepting
phone calls related to assessments, charges, and taxes. They have been trained to respond to
questions relating to fees, charges, assessments, and Special Taxes; moreover, our representatives are
fluent in English and Spanish. They use MuniFinancial's proprietary computer system to readily
access the owner's name, the Assessor's Parcel Number, the existing taxes or assessments, and more;
thus enabling expedient service. -
The property owner services representatives are available to respond to phone calls from eight (8:00
a.m.) in the morning until five (5:00 p.m.) in the evening, Monday through Friday, excluding major
holidays when the MuniFinancial offices are closed.
To allow consistent answers for common questions, we have
established scripts for other clients, such as what the charge funds
are, how long the charge will be levied, can it be paid off, will it
increase, what is the difference between this charge and other tax bill
water fees, etc. We will meet with your staff to discuss appropriate
answers to these and other pertinent questions; likewise, we will
provide our property owner service representatives with an
authorized script. In addition, our property owner service
representatives will keep a phone call log. A screenshot of
MuniMagic's call log interface is shown to the right.
Utilizing MuniMagic's reporting capabilities, the sample phone call
log report (below) is generated from information keyed into
MuniMagic's call log interface (shown above).
SAMPLE
Assessment District 1
Phone Call History
.. Cal p[og"'''j::':'ili l".jQJtf31
'~PN';'-'61o=182=o24-'- ..- .-...-..-.~
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ColD... !iii/~02npw-E !i
iI
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II
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Call 10 Time Call flandler APNC Nailer Reason for Call Call Resolution Commenls
ame
1053 3/15104 10:47Raj Chander
2167 4127104916 Laura Castro
2080 4121104 14:47 RaLQ~ander
387 2/171049:37 Julie Grucella
80 213104 13:37 Julie Grucella
220 219104 16:36 Julie Grucella
2111 41231048:50 Raj Chander
21229030 Michelle
21415025 Sandra
23351001 Vito
23410033 Chilma
23413027 Jaan
23414045 Dave
23420030 Jim
Realtor Multiple Queries (See Comment) Provided Verbal Response/Explanation
Property Owner Other (See Comment) Referred Caller to County...
Property Owner Charge Methodology Explanation Provided VerbaIRespon~e/Explanation
Property Owner Final Maturity Date of Bond/District Provided Verbal Respa~se/Explanation
Realtor Final Maturity Date ofBondlOistrict Provided Verbal Respanse/Explanation
Property Owner Improvements Description . Other (See G(lmment)
Prospective Owner Charge. Methodology Explanation Provi,qedVerbal Response/Explanation
~ MuniFinancial
Page 8
Q <' o-ll,Q
<.J~ ; cr I
RELATED PROJECT EXPERIENCE
The following project descriptions are relevant samples of similar projects where MuniFinancial
provides Assessment Engineering Services:
City of Riverbank
MuniFinancial performs the annual administration of the City of Riverbank's five (5) Landscaping
and Lighting Districts (2,837parcels): Consolidated, Crossroads, Ridgewood Place, Rivercove,
Sierra Vista, Sterling Ridge, and Heartlands. The work for this project entails the preparation of a
levy timeline; a review the existing districts' assessment diagrams and budgets; preparation and
maintenance of a parcel database; preparation of resolutions; attendance at City meetings,
workshops, andlor public hearings; answering questions and phone inquiries as requested by City
staff andlor property owners; preparing and providing the annual Engineer's Reports; transferring
the levy data onto a County compatible tape; filing the collection tapes, resolutions to levy, and
other required documents with the County; reviewing and revising parcel numbers from County's
parcel exceptions list; and providing the City with a levy summary.
City of Vallejo
MuniFinancial performs the annual administration of the City of Vallejo's eleven (11) Landscape
Maintenance Districts. The work involved in this project includes database maintenance, while
researching parcel changes, and preparing and providing the annual Engineer's Reports. In
aggregate, these districts consist of 7,877 active parcels. As the district comprises many parcels, the
majority of the work involved in this project involves gathering data. Most of our time is dedicated
to ensuring data accuracy and researching parcel changes.
City of Hercules
MuniFinancial currently provides ongoing annual administration services for the City of Hercules's
five (5) 1972 Act Landscaping and Lighting Districts (LLD), including Victoria by the Bay, Hercules
Village, Bayside LLD, Baywood LLD and Hercules 83-2 LLD. These districts total over 8,300
parcels. Our services include the review of the district budgets provided by the City to assist with
accurate cost-recovery accounting; the preparation and maintenance of a parcel database using the
parcel information from the current County Assessor's secured roll; the drafting of resolutions; the
preparation of the annual Engineer's Reports; the update and transfer of levy data to the County;
and the research of exceptions, if necessary.
STAFF EXPERIENCE AND 41UALIFICATIONS
Project Management
As a successful consulting firm, we understand the importance of project management and team
support. MuniFinancial has successfully guided diverse consultant teams through many projects for
the benefit of our clients. These projects include district administration, formations, consolidations,
annexations, workouts, refundings, and other special projects. Likewise, our expertise also extends to
Arbitrage Rebate calculations and Disclosure services, facilities financing planning, and Delinquency
Management services; consequently, we are able to bring a long-term perspective to the challenges
facing local agency financing.
~MuniFinancial
P.tge 9
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2q-1t;~
Key Personnel
MuniFinancial's success is founded upon a corporate philosophy' emphasizing personalized service.
Our project manager/analyst teams are designed to allow clients more immediate access to a single
individual knowledgeable about all of the client's districts and issues. Questions are answered with a
single phone call. to a single person.
For this project, Mr. Bill Moses will be the City of Dublin's senior project manager; while Mr.
Marc Grijalva's local presence in Sacramento will allow him to act as the City's "primary,"
day-to-day contact. This structure reduces duplication of effort, and each analyst's understanding of
a client's specific needs is increased; thus fostering comprehension of regional issues and concerns.
The following work descriptions address the roles that our personnel would be playing for this
engagement:
Bill Moses, Senior Project Manager
Mr. Moses is tasked with overseeing the administration of the program, and ensuring quality and
accuracy. He, along with the supporting analyst, will generate the annual charges, research parcel
changes, field taxpayers' inquiries, and review the Engineer's Reports.
He is located in our Temecula corporate office at:
27368 Via Industria, Suite 110
T emecula, California 92590
Phone: (951) 587-3525
Toll Free: (800) 755-MUNI (6864)
Fax: (951) 587-3510
Email: billm@muni.com
Marc Grijalva; Senior Analyst and Primary Contact
Mr. Grijalva is charged with preparing the resolutions, annual Engineer's Reports, and
maintaining the proprietary databases. Moreover, his responsibilities relating to the 1915 Act
Assessment District consist of preparing bond calls, analyzing flow of funds, researching parcel
changes, and providing information to property owners.
He is located in our Sacramento office at:
2150 River Plaza Drive, Suite 300
Sacramento, California 95833
Phone: (916) 924-7000
Fax: (916) 924-3644
Email: marcg@muni.com
Richard Kopecky, P,E.., Assessment Engineer
For this commitment, Mr. Kopecky, P.E., from our affiliated Anaheim, California, company-
Willdan-will be the principal assessment engineer responsible for the preparation/review of
the Engineer's Report.
Further detailed resumes for the above-mentioned key personnel is presented on the following
pages.
~~
~MuniFinancial
Page 10
..
2~1 Ltc]
Resumes
Resumes of key personnel assigned to the City of Dublin's project are presented below. Please note
that due to the large volume of clients, the provided indices of related experiences are only
partiallistin~s. Upon request, MuniPinandal will provide a complete listing of related
projects for each of the team members.
District Administration Services
5 Years' Experience
Areas of Expertise
Project Landscaping
and Lighting District
Highlights
Education
~ MuniFinancial
BILL MOSES
Mr. Moses is a senior project manager in the District Administration
I Services group at MuniFinancial. His responsibilities include the
: administration of Mello-Roos Community Facilities Districts, 1972
Act Landscape and Lighting Districts, 1915 Act Local Improvement
Districts, and other Special Districts in Northern California's region.
Mr. Moses has experience in creating and maintaining Special
District databases; calculating and preparing annual assessments,
Special Taxes, and reports; calculating Special Tax prepayments;
I assisting with district analysis for refunding purposes; preparing
bond calls; analyzing flow of funds; and providing information to
property owners.
He is responsible for overseeing six (6) analysts in administering
these Special Districts, and his team provides annual levy, bond fund
administration, payoff computations, and Delinquency Management.
Rel~lted Experience
City of West Sacramento
Western Hills Water District
City of Riverbank
City of San Rafael
City of Belvedere
i' City of Corte Madera
City of Martinez
City of Woodland
Mam11'!-oth Community Water District
June Lake Public Utilities District
Calaveras County Water District
City of Hercules
City of Vallejo
City of Brentwood
City of Roseville
Pilge 11
.
:2G::{'+1
Areas of Expertise
MARC GRIJALVA
Mr. Grijalva is a senior analyst within the Northern California
Region of MuniFinancial's District Administration Services group.
His attention is focused on clients within the counties of
Sacramento, Contra Costa and Alameda for which he is involved
in the administration of Mello-Roos Community Facilities
Districts, 1972 Act Landscaping and Lighting Districts, 1915 Act
Project Highlights Local Improvement Districts, and other Special Districts.
, With regard to the Landscape and Lighting Districts, he is charged
: with preparing the resolutions, annual Engineer's Reports and
! maintaining the proprietary databases. His Community Facilities
: District administration tasks include maintaining Special District
: databases, preparing annual Special Taxes, calculating Special Tax
prepayments, and assisting with district analysis. His
Education responsibilities relating to Local Improvement Districts consist of
! preparing bond calls, analyzing flow of funds, researching parcel
: changes, and providing information to property owners.
: Prior to joining MuniFinancial, Mr. Grijalva was a manager of
, Global Corporate Actions with Investors Bank and Trust. His
expertise includes project management, performance, and financial
analysis and budgeting.
Related Experience
. County of Alameda
City of Vallejo
City of Sacramento
City of Foster City
City of Millbrae
City of Ceres
City of Kingsburg
County of Placer
Nevada County
River Highlands CSD
Western Hills Water District
West Contra Cost Health Care District
~ MuniFinancial
Pdgi' 12
.
,
371'//
ASSe$Snlent Engineering (Wilfdan)
: As president and CEO of Wi/Man, Mr. Richard Kopecky, P.E.,
i directs the managers of Willdan's 17 regional and local offices, and
I continues. to be active in personally providing and checking
j engineering and financial services to clients. Prior to becoming
. Willdan's President and CEO, Mr. Kopecky served Willdan for many
years as manager of the Los Angeles, San Bernardino and Lancaster
offices, where he was responsible for administnition and coordination
of services to a number of client agencies in the counties of Los
Angeles, Kern, and San Bernardino. Services provided to these
Project Highlights i municipalities included:
Assessment Districts
Budgets
Bui1ding/ safety plan check and inspection
City engineering
City traffic engineering
Community development block grants
Construction management and surveying
Development and infrastructure review
Disaster response and recovery
Fee studies and districts
Landscape architecture
Planning
Proposition 218 compliance
Public works design
Underground utility districts
Water and wastewater design
37 Years' Experience
Areas of Expertise
Education
I
\K7 ~l~~(~R~~
,
~MuniFinancial
RICHARD KOPECKY
j
i Mr. Kopecky possesses more than 37 years of civil engineering
I experience, including administration and preparation of engineering
1 development control ordinances; and the establishment of
development requirements related to drainage, roads, sewers, soils
and geology, and water.
Related Experience
City of Santa Clarita: Served as deputy building official and as
City engineer for three (3) years. Directed the design, bidding, and
construction management of major capital improvement projects
within the City.
City of Lancaster: Served as City engineer for eleven (11) years; he
was responsible for the design, bidding, and construction
management of major capital improvement projects within the City.
P<1ge 13
J3::; 1'1
City of Big Bear Lake: Mr. Kopecky was responsible for the
design, bidding, and construction management of major capital
improvement projects.
City of California City: Served as City engineer for two (2) years
and was responsible for the design, bidding, and construction
management of major capital improvement projects.
These projects required preparation of preliminary design reports,
including cost estimates and coordinating design efforts v.rith other
. engineering disciplines. Additionally, Mr. Kopecky has been the
. assessment engineer in numerous Mello-Roos Community Facilities
Districts and Assessment Districts under the 1982, 1972, 1943, 1915,
1913, and 1911 Acts.
Professional Affiliations
American Public Works Association
American Society of Civil Engineers
Professional Registrations
Registered Professional Engineer since 1966: RCE 16742
S U BCONSU L TANTS/S UBCONTRACTORS
MuniFinancial will not be enlisting assistance from subconsultants/ subcontractors for the
commitments outlined in this Request For Proposal. However, should the required mailing services
increase in number, MuniFinancial may enlist the assistance of a City-approved mailing house.
~MuniFinancial
Page 14
SJ;fCf1
SCOPE OF SERVICES
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
ADMINISTRATION
As a part of this proposal for City of Dublin, MuniPinandal offers to perform the following
service tasks:
Task 1:
Prepare Levy Timeline and Kickoff Meeting
Prepare a levy timeline of key dates and timeframes for pertinent tasks throughout the year,
including completion of budgets, Engineer's Reports, and resolutions for required City Council
actions. (A proposed timeline for fiscal year 2006/07 is presented in the section entitled, "Project
Timeline," immediately following the scope of services.)
Task 2:
Obtain and Review Existing Documents and Information
Coordinate with the City and Alameda County Assessor's Office to obtain in an electronic format
the fiscal year 2006/2007 parcel database for each district, along with available boundary maps,
budget information, and historical data. MuniFinancial will review the existing district assessment
diagrams to determine the specific areas of maintenance within the districts, and obtain County
parcel maps, as needed.
Task 3:
Update and Maintain Parcel Database
Once the parcel database has been obtained from the City and County Assessor's Office, as well as
updated with data from the current Alameda County Assessor's Office Secured Roll, MuniFinancial
will continue to update the database for each district as new data becomes available. Parcels annexed
into the district, as provided by the City, will be added to the database and maintained.
MuniFinancial will enhance the data through parcel research using various third party resources,
County Assessor maps, updated secured roll information, and specific information provided by the
City (e.g., up-to-date map approval status, building permit, or certificate of occupancy issuance data).
Updates to the database will include those necessitated by the addition andlor removal of parcels,
land subdivisions and merges, ownership and mailing address changes, and adjusted Benefit Unit
(ED) information. This database will then become the source for the calculation of the annual
district assessments.
Based upon their assigned benefit, our MuniMagic software will be used to calculate the annual
parcel assessments in the districts. This software is capable of handling complex assessment
methodologies and formulas, calculating the annual assessments, and producing files in the required
format for submittal to the Alameda County Auditor/Controller's Office. The same data can then
be used to produce copies of the entire database of assessed parcels in hardcopy, CD-ROM, or
other electronic formats.
Task 4: Assist with Establishment and Review of District Budgets
MuniFinancial will assist City staff in the preparation of annual budgets; and review the district
budgets to ensure the appropriate incorporation of actual maintenance contract costs, City staff or
material costs, capital costs, and other incidental costs into the district budget. In so doing, achieve
maximum cost-to-benefit equity.
~MuniFinancial
Page 15
,
, ~."
l;u ;14-9
We will coordinate with City staff to assist with accurate accounting cost recovery to ensure that the
districts pay costs incurred in their annual administration. In addition, MuniFinancial will use the
updated parcel databases for the districts to provide estimates of the assessment revenue for the
upcoming fiscal year. These revenue estimates will be incorporated into the fiscal year budgets for
the districts that will be analyzed and \vill also be used to determine required changes in the level of
assessment or funding from other sources. If necessary, MuniFinancial can meet with City staff to
discuss aspects of the annual budget.
Task 5:
Prepare Resolutions and Staff Reports
MuniFinancial will prepare resolutions necessary for the authorization of the annual Engineer's
Report, as well as to obtain the preliminary and final approval of the Engineer's Report. We will also
assist in the preparation of staff reports.
Task 6:
Meetings
In addition to the annual kickoff meeting, MuniFinancial will attend up to two (2) City meetings,
workshops and/or public hearings. We will also be available to answer questions as requested by
City staff.
Task 7: Prepare Annual Engineer's Report
In accordance with the Landscaping and Lighting Act of 1972, Proposition 218, and the City of
Dublin's Landscaping and Lighting District format, MuniFinancial will prepare the annual
Engineer's Report for the existing districts.
MuniFinancial will provide the preliminary and final Engin~er's Reports in draft form for City
review. Once final approval has been obtained from City staff, MuniFinancial will submit the
Engineer's Report in a final form for City Council presentation.
Task 8:
Provide Assistance with Mailed Notices (if Required)
MuniFinancial will supply the City with parcel owner data for mailing legal notices and newsletters
. each year to property owners. To produce the database, we will rely on the most current tax roll we
obtain from the County of Alameda's Assessor's Office.
Task 9:
Transfer of Levy Data
Upon completion of the district public hearing(s) and adoption of the Resolution to Levy,
MuniFinancial will transfer the levy data onto a tape or CD compatible with the County computer
system. This media will be used for entering individual parcel levy amounts onto the tax bills. On
City staffs behalf, MuniFinancial will prepare (as necessary) additional County-required
correspondences relating to the submittal, correction, or removal of assessments to the secured roll.
Task 10: Resolve Parcel Exceptions
Upon receipt of a parcel exceptions list from the County, MuniFinancial will revise parcel numbers
and report the revised parcels/updated levy amounts to the County. Any other changes will be
submitted to the County on an "as needed" basis, as required.
~ MuniFinancial
Page 16
Jl~_~~~.~~knm1j<"i '.;re+.~<LPI1W~~~~,~.;t~~N~~~~' ..ft~tt~lZ~it~~~~~~~".~ t>!lw'c:~~~:"~ ::;~:^,,~~~l;;is~~~;~~:
tf/ ~ lf1
Task 11: Provide Final Assessment Roll and Levy Summary
Two (2) bound copies of the districts' final assessment rolls (one [1] for the City Clerk, and one [1]
for City staff) will be provided to the City. Likewise, a levy summary comparing budget amounts, to
the actual applied levy and total units assessed, will also be furnished.
A hardcopy printout and CD containing the County-applied levy amounts and other parcel-specific
information relating to the districts will also be supplied to City staff, as requested.
1 9 1 5 ACT ASSESSMENT DISTRICT, CITYWIDE REFUSE
FEE, AND CITYWIDE EMS FEE ADMINISTRATION
MuniPinancial can perform the following District administration services for the City of
Dublin:
Task 1:
Provide Assessment Data to County
Provide assessment installment information for each parcel, formatted in the required configuration
on CD or other media, to the County Auditor/Controller's Office for placement on the property tax
roll.
Task 2:
Research and Resubmit Rejections
, "
Research and, if possible, resubmit installment amounts that are rejected by the County
Auditor/Controller's Office. Any assessment installment that cannot be collected on the County
property tax roll will, on behalf of the City, be invoiced directly to the property owner of record.
Task 3:
Field Inquiries
Provide a toll-free number to field inqumes from County staff, property owners, and other
interested parties regarding assessment proceedings and. annual installments.
Provide R&T 163 Report To County (1915 Act Assessment
District)
Provide a report to the County Assessor's Office each year as required by Revenue and Taxation
Code 163. The report will include a listing of each active parcel contained in the Assessment
District, the remaining assessment amount, and the owner of each parcel based on the County
Secured Roll. Additional information will be provided for parcels that paid off their assessment
during the year and will include the date and amount paid and, if available, the party paying off the
assessment. This information will be sent electronically, and in hardcopy format, to the County in
January of each year.
Task 4:
Task 5:
Provide Final Assessment Roll and Levy Summary
A bound copy of the districts' final assessment rolls will be provided to the City. Likewise, a levy
summary comparing budget amounts, to the actual applied levy and total units assessed, will also be
furnished.
A hardcopy printout and CD containing the County-applied levy amounts and other parcel-specific
information relating to the districts will also be supplied to City staff, as requested.
~ MuniFinancial
Puge 17
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OPTIONAL SERVICES
Taxpayer Point of Contact (Property Owner Service Calls)
Provide the Alameda County Auditor/Controller with a toll-free number for placement on the
secured property tax bills, next to each districts' charge. MuniFinancial will also provide a toll-free
number for use by the City of Dublin and property owners.
Moreover, as directed by the City, MuniFinancial can act as primary contact to answer questions
related to fees, Assessment Districts, noticing procedures, and tax bills.
Mailings
Preparation and Mailing of Public Hearing Notices and Ballots for
Increased Assessments
Our firm is a leader in providing full-service Assessment District administration and formation
services. We bring to our clients in-depth experience with Assessment District technical analysis, as
well as the ability to effectively communicate complex issues with property owners through
user-friendly notices and ballots.
As an optional service, we will prepare easy-to-understand notices and ballots for each property
owner. In fact, our ballots are written in a manner that simplistically conveys the purpose of the
ballot, without getting immersed in technical jargon. While these notices contain all the legal
requirements of Proposition 218, they are, however, presented in an understandable format.
Ballot Tabulation Services
If determined to be required by City staff, MuniFinancial can offer, as an optional service, the
directing and processing of the ballot tabulation effort following the public hearing of any proposed
assessment increase. \Y.!e have developed a sophisticated ballot tabulation program in Microsoft
Excel that uses a bar-coding and scanning system. This program allows us to tabulate approximately
500 to 600 ballots per hour. Produced results will be passed on to the City Clerk for declaration of
balloting outcome at the following City council meeting.
Should the City decide to embark on a new or increased assessment, we would be happy to discuss
our approach, including community workshops, property owner polling, noticing options, and
balloting formats.
CLIENT RESPONSIBILITIES
MuniFinancial will rely on being able to obtain the following information from the City of Dublin
and, if needed, the City will assist MuniFinancial in obtaining this information:
Electronic database with current parcel listing and corresponding parcel information (e.g., Street
Lighting Code, Benefit Units, zone identification, land use codes, units, front footage, fiscal year
2006/2007 charge amount, etc).
Copies of Assessment District diagrams reflecting location of specific zones.
Copies (electronic if possible) of fiscal year 2006/2007 Engineer's Reports, agenda bills, and
resolu tions.
~MuniFinancial
Page 18
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1-131 Lf-1
Historical information related to each District's formation and the associated bonds for the
initial setup of each district. This information may include, but is not limited to, diagrams and
recorded notices for each district; Engineer's Reports; assessment rolls; copies of resolutions
approved during the formation process for the district; copies of pertinent bond documents; and
databases of parcels in each district, including historical levy information and historical
information relative to the bonds and payoffs within the district.
Annual information related to fund balances for the district.
Cost Recovery data for inclusion in the annual budget.
Approved resolutions authorizing the levy of the Refuse Charge and EMS Fees for each year,
along with an electronic database with the corresponding amounts for each respective parcel.
The City will assist MuniFinancial in obtaining the above and any other applicable information, if
needed.
The City of Dublin's acknowledges that MuniFinancial shall be relying upon the accuracy of the
information provided by the City or their designees and that MuniFinancial shall not be liable for
any inaccuracies contained in such information.
~~
~ MuniFinancial
Page 19
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PROJECT TIMELINE
MuniFinancial prides itself on being responsive to customer needs. Consequently, in keeping with
the City's stipulation for meeting deadlines, we provide the following timelines for District
Administration Services. Dates may be modified, as needed, to meet City requirements and to ensure
a timely levy placement on the County's tax roll.
Please note: A more specific schedule of events and milestones will be developed in
concert with the City of Dublin's requirements after consultation with City
staff.
The timeline below incorporates the dates provided in the RFP for the Administration of
Assessment Districts and Fees Collected on Property Tax Bills. MuniFinancial is committed to
meeting this schedule
DISTRICT ADMINISTRATION (FISCAL YEAR 2007/08)
(The City Council meets the First and Third Tuesday of each Month)
DATE
January
February
February/March
April/May
May
May
May/June
May/June
Prior to
August 10
August
September/October
Prior to
January 31
. Ptepqrepreliminary Engineer's Report for the City's Intent Meeting (LLDs).
Enhance th~parceldatabase through a compatisol'1.betWeenexisting parcel data, and the
current GountySecured Roll data. Utilizing our software. f\lluniMagic, we are able to
effectiveJidentiand u date land usechanes, Cl!idJ reel reconti urations.
For Landscaping and Lighting Assessment Districts,prepartheannual Final Engineer's
Report in accordance with the Landscaping and LightingAet of 1972, Proposition 218, and
the Cit 's Muniei al Code.
Coordinate with City staff to obtain listings of any approved exemptions or building permits
necessary for the calculation of Special Taxes, and update the electronic database
accordin I .
Calculate and apportion the assessments as specified in the Method of Apportionment for
that district.
Provide fee/assessment levies for each parcel to the Alameda County Auditor/Controller's
for placement on the annual property tax roll.
Correct and resubmit installment amounts rejected by the County Auditor/Controller's
Office.
Provide. City with applied reports comparing budgeted amounts to the actual applied levy,
along with electronic database (in Microsoft Excel) of the final applied rolls. Prepare and
mail handbills, if neeessa
Prepare and provide to the Alameda County Assessor the annual report required by
Revenue and Taxation Code Section 163.
~ MuniFinancial
Page 20
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45 pp If-1
CLIENT REFERENCES
Client relationships are extremely important to us. We encourage you to contact our clients regarding our commitme
and performance.
PARC
Cnu
PROJECT De:SCR1RT!ON
. City of
Hercules
I AdministratiolTd
LA:GtLandscaping" ..,. ...., ...
Tpistricts(l...L[)s). 'nefu ".'... vieW
lofdistrir:;fbudgets (cost-recOvery
Erwin (5tH) I acc;oLJrlfihg),database
Blancaflor 799-8242 t preparation lmainten~hce,
I drafting of resolutions.. .
1 preparation of annuaIEngil1eer's!
l Reports, and update/transfer of i
i levy data to the County j
~~___ '_'_____L_____~___~___...___,..__J--.-----.~---
I Administration of City's 11 i
i Landscape Maintenance I
I Districts. Includes database ;
(707) I maintenance, and researching
649-3414 .
i parcel changes; plus preparing I
I i and providing annual Engineer's
..------!-..--'--'---'-l-----------jJ:~~J~9~S--- '" .------...----}-----------.-
! I Administration of the City of i
City of I Kathleen (209)! Riverbank's 5 Landscaping and I ?
Riverbank I Acosta 869-7128 i Lighting Districts, as well as I 1,-
i i annual Engineer's Reports i
! I I
3
$1,646,282 8,50(
City of
Vallejo
Sam
Gonzales
9
$2,014,731 12,00
$540,038 2,50(
~MuniFinancial
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CONTRACT EXCEPTIONS
The following are comments received from our attorney regarding The City of Dublin's sample
agreement. Should we be selected to negotiate a contract, additional copies under separate cover will
be provided, and our principal-in-charge and attorney will be available to speak with the City's legal
counsel to resolve any possible differences quickly.
In view of that, MuniFinancial requests consideration of the following exceptions to the sample
agreement provided with the RFP for the Administration of Assessment Districts and Fees
Collected on Property Tax Bill dated December of 2006:
PAGE 4; SECTION 4.1 , "WORKERS' COMPENSATION"
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior
written notice by ccrcified first class mail, return receipt requested postage prepaid, has been
given to the City, ten (10) days' notice if cancellation is due to nonpayment of premium.
PAGE 5; SECTION 4.2.3, "ADDITIONAL REQUIREMENTS";
ITEM" E"
An endorsement shall state that coverage shall not be :m:;pcndcd, yv-oiclcd, canceled by either party,
reduced in co','erage Of in limits, except after thirty (30) days' prior written notice by certified first
class mail, return receipt requested postage prepaid, has been given to the City. ten (10) days'
notice if cancellation is due to nonpayment of premium.
PAGE 5, SECTION 4.3.1 "PROFESSIONAL LIABILITY
INSURANCE"
Any deductible or self-insured retention shall not exceed $250.000 $150,000 per claim.
PAGE 5, SECTION 4.3.2, "PROFESSIONAL LIABILITY
INS U RA N C E"
An endorsement shall state that coverage shall not be suspended, \'ojcled, canceled by either party,
first class reduced in coverage Of in. limits, except after thirty (30) days' prior written notice by
ccnified mail, postage prepaid return receipt rcq,-lc3tcd, has been given to the City, ten (10)
days' notice if cancellation is due to nonpayment of premium.
~MuniFinandal
Page 22
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COST PROPOSAL
The following amounts reflect application of the scope of services. They are based on the time we
estimate \,Ve will spend on average each year for the district and fees administration. As the work
progresses, fees are payable monthly, on a percentage-completion basis, unless another billing
format is mutually agreed upon between the City of Dublin and MuniFinancial. In addition, the base
fee listed below will be subject to an annual increase through 2009/10, which will not exceed the
change in the annual Consumer Price Index (CPT) for San Francisco-Oakland-San Jose area, as
calculated by the United States Department of Labor.
DISTRICT ADMINISTRATION SERVI.CES
SLMD 83-1
LL 83-2 (Stagecoach)
LL 86- t (Dough.erty)
2,500
2,500
_~'___'_M"'___"__M"""'___'____"_"_'__~'_'__'_____~~.--:....-_._0.-_. _....H..____..._.._.....--..._______.._~~___,_____
LL 97-1 (Santa Rita) 2,500
.H_.H_..._.._...__...._..__..__._....;..___._.~.._._..;....__...._..._____.____~..__,:....:..__ --..-..--.----~------_.--_.---~...-------.~~--.~--
SLMD 99-1 3,500
1915 Act AD (Dublin)
3,700
3.700
500
Refuse Collection Fee
EMS Fee
Total
$
22,900
OPTIONAL SERVICES
Taxpayer Point of Contact (Property Owner Service Calls)
No charge for this service (included).
~MuniFinanciaJ
Page 23
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Mailings/Ballot Tabulation
We have provided a possible range of "per parcel" costs that are dependent upon various factors,
such as the format and content of the notice and ballot, and whether or not postage would be
included on the return envelope. The figures below are for estimation purposes only. The
estimated fee for ballot tabulation services relies upon the number of parcels balloted. Because these
figures are unknown at this time, we propose a "time and materials" basis for ballot tabulation
services. As noted in our proposal, we have the ability to tabulate approximately 500 to 600 ballots
per hour.
Preparation and Mailing of PubliC PIe
Notices and Ballots for Increased
Assessments
Duplication and Mailing of Legal Notices and
Newsletters
$0.50 to $1.75
Per Parcel
Ballot Tabulation Services
Time and Materials Basis
REIMBURSABLE EXPENSES
MuniFinancial will be reimbursed for out-oE-pocket expenses estimated not-to-exceed $3,000
annually. Examples of reimbursable expenses include, but are not limited to: minor postage, travel
expenses, mileage (currently 48.5~ per mile), copying (currently 6~ per copy), the purchase of
Assessor's parcel maps, County data tapes, or similar data information. These expenses will be billed
to the agency at cost with no overhead markup on a monthly basis as the costs are incurred and will
be clearly identified and included on the district administration services invoices. The manner in
which the expenses are allocated to each of the underlying eight (8) districts will be discussed with
the City, prior to billing for said expenses.
Expenses related to the creation of assessment diagrams, boundary maps, and such, are not included
in the table above or the out-of-pocket expenses. These items, if such services are desired,'will be
negotiated at a later date with the City.
~MuniFinancial
P,7gl? 24
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ADDITIONAL SERVICES
Hourly Rates
Additional services may be authorized by the City and will be billed at our then-current hourly
consulting rates. Our current hourly rates are:
Project Manager
Project Manager
Senior Analyst
Analyst
Analyst Assistant
Property Owner Services Representative
Support Staff
105
85
75
65
50
45
~ MuniFinancial
Page 25