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HomeMy WebLinkAboutItem 4.12 Assessment Dist Fee Admin Services CITY CLERK File # D[2][QJ[Q-~[Cj AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 6, 2007 SUBJECT: ATTACHMENTS: RECOMMENDATION: .1.;lv ~ \ /.) FINANCIAL STATEMENT: Agreement with MuniFinancial for Assessment District and Fee Administration Services Report Prepared by Melissa Morton, Public Works Director '1Y1r1--- Resolution and Agreement Adopt the resolution approving the agreement with MuniFinancial and authorize the Mayor to execute the agreement. The cost of these services would be paid by the individual assessment districts or fees. The following chart includes the proposed contract rates for 2007-08 as compared with the 2006-07 rates on the previous contract: 2007-08 2006-07 DISTRICT I FEE BASE FEE RATES Citywide Street Light Maintenance $4,000 $6,400 Assessment District 83-1 Landscape Maintenance Assessment $2,500 $1,200 District 83-2 (Stagecoach) Landscape Maintenance Assessment $2,500 $1,200 District 86-1 (Dougherty) Landscape Maintenance Assessment $2,500 $1,200 District 97-1 (Santa Rita)) Dublin Ranch Street Light $3,500 $2,750 Maintenance Assessment District Refuse Collection Fee $3,700 $2,750 EMS Fee $3,700 $2,750 Dublin Blvd. Extension Assessment $500 $1,700 District Total $22,900 $19,950 ------------------------------------------------------------------------------------------------------------- COpy TO: Bill Moses, MuniFinancial Page 1 of! ITEM NO. t.t. \ 2- g:\consultants\munifinancial\agenda statement agreement 2-6"()7 u The following table compares the total proposed cost for each firm submitting a proposal: MuniFinancial HdLCC SCI Taussig & Associates Harris & Associates $22,900 $17,500 $18,500 $31,000 $36,550 DESCRIPTION: The City has utilized consulting firms for assessment district and fee administration services for the past seven years. Staff recently issued a Request for Proposals (RFP) for these services. Five proposals were received. After reviewing the proposals, Staff interviewed the three who were determined to be the most responsive of the candidates (MuniFinancial, SCI, and Taussig and Associates). Contracts involving the acquisition of professional services are exempt from the competitive bidding requirements, pursuant to Dublin Municipal Code Section 2.36.050. The RFP process is used to identify differences in approach to the project as well as making certain that the cost is competitive. While HdLCC proposed the lowest aggregate cost, their proposal indicated that they expected the City to provide the amounts to be assessed, which meant that City Staff would still need to formulate the spread of assessments and prepare the assessment diagrams. HdLCC does provide many services and is currently the City's property tax and sales tax consultant~ however, the assessment district administrative services portion of their proposal was less than what was proposed by other firms, being limited to utilizing the data provided by the City to prepare the assessment roll for submittal to the assessor. The staff time involved in doing the parcel research and preparing the assessment spread is considerable and would impact City Staff's workload during the normally busy budget preparation and beginning of the Spring construction season. After interviewing the three firms noted above, Staff determined MuniFinancial to be the most responsive in terms of experience, proximity, and available staffing. MuniFinancial would serve this contract from an office in Sacramento and would therefore be readily available for meetings or consultations. They agreed to provide a point of contact for the public at no additional charge. This feature would allow Dublin property owners to call the same "800" number for questions on any of the assessments or fees instead of listing three separate City department telephone numbers. A report of calls handled would be provided to the City on at least a quarterly basis. MuniFinancial has multilingual staff available to handle the inquiries. In addition, the City would be able to access the assessment information via the Internet and could therefore instantly respond to any property owner questions coming into the City offices. The other firms interviewed either did not offer these services or indicated that there would be an additional charge. MuniFinancial also has an extensive client list, including clients in Alameda County, and therefore already has the Alameda County parcel data. MuniFinancial has the largest special district formation and administration practice in the nation and has 35 staff assigned specifically to this task. Given the fact that all levies must be filed at the same time, it is important that the firm chosen have adequate staff to fulfill the obligation for all clients. In 2006-07, MuniFinancial prepared levies on more than 6 million parcels in 638 different Maintenance Assessment Districts. On January 8,2007, letters were sent to all of the firms who submitted a proposal, advising them of Staff's recommendation. 2 rro3 The proposed cost of these administration services would be paid by the individual assessment district or fee and is similar to the cost paid in prior years. The agreement would be for a three-year term, allowing for annual cost increases commensurate with the Consumer Price Index rate of increase. References contacted were long-term clients of MuniFinancial and comments were positive. Staff recommends that the City Council adopt the resolution approving the agreement with MuniFinancial and authorize the Mayor to execute the agreement. 3~3 l DtlL\S RESOLUTION NO. -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************** APPROVING AGREEMENT WITH MUNIFINANCIAL FOR ASSESSMENT DISTRICT AND FEE ADMINISTRATION SERVICES WHEREAS, the City of Dublin requested consultant proposals for Assessment District and Fee Administration Services; and WHEREAS, five proposals were received and reviewed, and MuniFinancial was determined to be the most responsive; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the agreement with MuniFinancial for Assessment District and Fee Administration Services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement, attached hereto as Exhibit "A." PASSED, APPROVED AND ADOPTED this 6th day of February, 2007. AYES: NOES: ABSENT: ABSTAINING: Mayor ATTEST: City Clerk g: Iconsllltant/mllnifinandal/reso agreement YdL ~-lo-Ol l,t~ 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 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in 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 February 6, 2007 Page 1 of 15 3 D)-~,45 ~ 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 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 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 II dC" '"'"r ~~t'~. 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 Exhibit 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 6' 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 Liabilitv 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 . l.\ ,~ ~";"""",,,,. 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 coveraqe. 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 " L..\ 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 Liability 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 AVII. Consulting Services Agreement between City of Dublin and MuniFinancial February 6, 2007 Page 6 of 15 4.4.2 Verification of covera~e. 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. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separ.ate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 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 Covera~e. 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 ~ U \ . 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 \0 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. 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. 6.2 Consultant No AQent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 GoverninQ Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental ReQulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, 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 If Cl q 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 L\ ,_I 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 Assi~:mment and SubcontractinQ. 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 1 Q } 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 \4, \ L\ party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California, 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 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 Assians. 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 ......... 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 InteQration. 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 " . ~.~ \. l" \ Janet Lockhart, Mayor ~.~? .d" CO..NS..U~.T.~~l~"'".."/ ~~.;,:?~/ .. "/. ~~ , ;::1/ ~.. ,.. ~- ~t""(tJ!'/ ..,&.11 Mark Rlsco, Division Manager, Vice President, District Administration Services CITY OF DUBLIN Attest: Fawn Holman, City Clerk Approved as to Form: Elizabeth Silver, City Attorney G:ICONSUL T ANTSlconsulting agreement REVISED (June 2004).doc Consulting Services Agreement between City of Dublin and MuniFinancial February 6, 2007 Page 1.5 of 15 \1 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 II {,.....~. ~.~ 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 (Stagecoach) $2,500 Landscape Maintenance Assessment District 86-1 (Dougherty) $2,500 Landscape Maintenance Assessment District 97-1 (Santa Rita)) $2,500 Dublin Ranch Street Light Maintenance Assessment District $3,500 Refuse Collection Fee $3,700 EMS Fee $3,700 Dublin Blvd. Extension Assessment District $500 Total $22,900 G:\CONSULTANTS\consulting agreement REVISED (June 2004).doc Consulting Services Agreement between City of Dublin and MuniFinancial--Exhibit B February 6, 2007 Page 1 of 1 ~----~ ~;I'lhJniFjnancia.1 \q c: ..1 t~ ...,~ December 12, 2006 Ms. Ginger Russell, Senior Administrative Analyst Public \V'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. lv'luniFinancial 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. \V'e 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 1,415 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 m the development and continual enhancement of , our customized proprietary software system. This system houses, manipulates, and stores the data needed for accurate charge administration and historical recordkeeping; 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, f};:7il/dan, who '.,vill 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, MuniFinancial ~/~ Mark Risco, Vice President and Division Manager District Administration Services 10 TABLE OF CONTENTS PROJECT UNDERSTANDING FIRM DESCRIPTION Corporate Overview MuniFinancial's Major Focus MuniFinancial's Structure QUALIFICATIONS AND EXPERIENCE Demonstrated Administrative Knowledge Related Project Experience Staff Experience and Qualifications Su bconsu Ita nts/su bcontractors SCOPE OF SERVICES Landscaping and Lighting Assessment District Administration 1915 Act Assessment District, Citywide Refuse Fee, and Citywide EMS Fee Administration Optional Services Client Responsibilities PROJECT TIMELlNE District Administration (Fiscal Year 2007/08) CUENT REFERENCES CONTRACT EXCEPTIONS Page 4; Section 4.1, "Workers' Compensation" Page 5; Section 4.2.3, "Additional Requirements"; Item "e" Page 5, Section 4.3.1, "Professional Liability Insurance" Page 5, Section 4.3.2, "Professional Liability Insurance" COST PROPOSAL District Administration Services Optional Services Reimbursable Expenses Additional Services 1 2 2 3 4 5 5 9 9 14 15 15 17 18 18 20 20 21 22 22 22 22 22 23 23 23 24 25 I\lfu niFinancial ROJECT UNDERSTANDiNG MuniFinancia1 understands that the City of Dublin wishe;;Jto retam\a consulting firm to provide annual administration services for thei,Clty's eight \8) districts, , . along with separate levies. These districts are compris(,# of the follow1flg: Citywide Street Lighting Maintenance ,J4.ssess,emt Djstrict 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 adclition, 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 adclitional 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 clistrict 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. \'Ve look forward to the opportunity to bring our experience and expertise to the City of Dublin. S-.-...;:, . MuniFinancial RM OEseRl ION C RPORAT VE MuniFinancial WILLDAN Sorving Public; Agencios ~ \~%~'Z4~;~ /\RROYC) C;Ft)TL<',i'-lIC' L Ameri.um Homeklnd Solutions ~ fvluniFinancial MuniFinancial, 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 . 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. \X1illdan 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 LVilldan Group) I n(. AHS is dedicated to helping clients enhance their preparedness and responsiveness to domestic security: AHS intends to partner '..vith clients to assist them \'lith 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 training. <, .. \..1 MUNIFINANCIAL'S MAdOR Focus MuniFinancial has the largest Special District formation and administration practice in the nation. \Ve 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: Ml1niFinancial provides the Administration of Special Taxes, assessments, standby charges and utility rates; Arbitrage Rebate calculations; Municipal Disclosure reports preparation and dissemination; . . pnmary servlCes: V' District Administration Services V' 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 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 on June 24. 1988, MuniPinancial's center of operations has been the City of Temecula, California. Committed to our successful corporate philosophy of personal serl'ice 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: StatgAgencies ../ Counties ../ Cities ../ School Districts ../ Special Districts <t Community Services Districts . Recreation and Park Districts . Water Districts . Vector Control Districts ._.~._-- .._--~-_.-~--_.'-~--" -_._~.,~----~ ~MuniFinancial 3 2.,.t.) l f\,1UNIFINAN IAL'S STRUCTUR MuniPinancial'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 MuniFinancial structure: tv1arwgemel7t !nforrpatiOT7 Systems Financial Consulting Services District A drnlnistration Services Federal Comb/lance Servic~s 22 Support TSupport Staff ~~ MuniFinancial "! t:r ~~ f~ t.. 0(,. '><~ QUALI ICATIONS AND EXPERIENCE DEMDNST ED A"DM!N! RATIVE KNOWLEDGF 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 ~f7ashington. Together with our affiliate engineering company, MuniFinancial offers a truly unique range of services to local government. With hundreds of ongoing client relationships for finance, 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. MuniMagic 1!ttnctfqntisctfl'..i?xtensio.n.. 'of~ta E!i:lt(ibase.'setttjJ~revieUJilrt reconciliation Preparqtion..ofi qt1~UCl.li~ngine~r~s Reports,. budget and resolutions Bill charges directly though County tax roll .j Comprehensive reporting v Financial analysis, modeling and budget forecasting v Toll-free line v Reporting on phone call activity ,; Reporting on collections and payment status Calculation of prepayment quotes Legislative updates MuniPinancial's District Administration Services address the ongoing day-to-day activities associated v with the long-term collection of bonded and v 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, MuniPinancial 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, - 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): \V'eb access to parcel data is available to clients for whom MuniFinancial administers district data. Details on this exceptional service are available upon request. ~~MuniFinancial .5 :J. Lo c.; t/~ District Administration Services Historical Statistics The following charts provide information on districts that MuniPinancial is contracted to annually administer. On behalf of our clients, we are now responsible for levying over half a billion dollars each year. 40 35 '" 30 W f: '<?5 Z 0 tJ 1 S tl % 5 ,----- i Ul t- lz.na - ~ lOCH.l ~ BOD- to 600 Cl 4QC ~ zoo COUNTIES SERVED 00,'04 Q4,'DS 05/06 C6:07 FISCAL YEAR DISTRICTS --, ADMINISTERED I I I I I I I I I ! 16CH1 1400 - o D3:n4 04iO$ r.lS/r.J6 nG/rl'7 rlSCAL YEAR [700 - I 6C:r.; , m 500 I Z 0400 :i .:...'-'W 1ft 1 C:;O DOLLARS LEVIED ! :::iCO -1 0':::;'/04 Q4/w-5 o ~~/t.l6. 06:l17 FISCAL YEAR CONTRACTS BY AGENCY TYPE 080"5 .; WA.'r~;:t: D,S'T'nini"" ~ I I ~A RtC D!STR~C,9 D1ST~ICTS ~ H.!O;r~g~ ~ .2 5 15 SPCCU:~.L C'~TR:;CTS ~ n 2n ~~ 1\1uniFinancial AGENCIES SERV"D I I I ! I I ......~I ~ zoo i 1<:,)5- I '90 try 185 I W (j 1S0 Z I"} 5- I W I!) 170 1<( 165 I~ 160 I I 155 i 150 0::3/Q4 04/0S 05/06 FISCAL YEAR m z o F'ARCELS LEVIED 7 - -' :<: " ~ "~ .J W tJ (t <( Il. ~:) " 0- 03/04 04/05 05/06 05/07 FISCAL YEAR i;005/Q7 PI STRI CTa ADMIN' STERED BY AGENCY T'(PE I i C 1'T11;:n ~ 1,182 W......'r'l;R OI9't<:!lt::TS A c SO's, :33 m 4'; 25 OIST~ICT$~ R.Ej:'s...;S~' Z DISTRICTS ~ 57 47 2006/07 DISTRiCTS AOMlN1ETEREO SvTYPE LANOSCAPE: 6: Ul:'lHT.NlS AasF..:SSMf:NT DISTRiCTS 'i DiffiTRlCTS N 638 DISTRICTS " DBO~5 D15,RICTS MIse ~ 4a f.}n:>TRIC is Ola~Rlr.;TS; STANO~JY ~ 27 DISTRICTS DISTRICT l\:;,~~'e (; 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. }"luniFinancial has prepared hundreds of kvy 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 a financing 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. ~ I\lluniFinancial /' {){~ crl,j II ~ \Ve 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 work 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 ena~ling 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, ete. 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 APN: Cre:aedb?: C~IDQle~ I C~",.,'I"". T;'PeofCa"er: AM~I)l'ik~Cae. Ae$'oluliori: Caller . callm Time Cilll Handler APN Name Reason for call Call ResolutltlR Comments 1 0533115iD41D47Raj Chander 2167 4127i1J4 9:16 Laura Castro . 2080 4!21i1J414.47 Raj Chander 387 2/17i1J4937 Julie Grucella 80 213/04 13:37 Julie Grucella . 220 219/D4 1636 Julie Grucella 2111 4123i1J48:50 Raj Chander 21229030 Michelle 21415025 Sandra 23351001 Vito 23410033 Chilma 23413027 Joan 23414045 Dave 23420030 Jim Realtor Multiple Queries (See Cot11t11ant) Provided\isrbaIFlesponse/Explanation Property ()V\iner Other (See Comment) .. .R.eferred Caller to County Property Owner Charge MethodologyExplanation Provided Verbal Response/Explanation Property Owner . Final Maturity Date of Bond/District Provided Verbal Rasponse/Explanation Realtor Final Maturity Date of Bond/District Provided Verbal ResponseiExplanation Prop8rtyO\~nerm Improvements Descriptionm Other(See Comment) Prospective Owner. Charge Ivtethodolggy Explanatio~'fJrovi~ed Verbal Response/E'xplanatiorl if~ MuniFinancial d'1 [:i R LAT D ROJECT Ex NC 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 VaJlejo 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 EXPER!ENCE AND QUALIF!CATl N 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. ::..... fVluniFinancial '" l..l.~ 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: 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 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: marcgra>muni.com For this commitment, Mr. Kopecky, F.E., from our affiliated Anaheim, California, company- If:7iJJdan-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. MuniFinancia! 10 t./~ 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 partial listin:z.s. Upon request, MuniPinancial will provide a complete listing of related projects for each of the team members. 5 Years' BILL lVloSES and Mr. Moses is a senior project manager in the District Administration 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; 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 kV;i, bond fund administration, payoff computations, and Delinquency Management. City of West Sacramento Western Hills Water District City of Riverbank City of San Rafael City of Belvedere City of Corte Madera City of Martinez City of Woodland Mammoth Community Water District June Lake Public Utilities District Calaveras County Water District City of Hercules City of Vallejo City of Brentwood City of Roseville Ech.H::ation ~ MuniFinancial 1" J 3-;; t tJ 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 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 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 v,r-1th Investors Bank and Trust. His expertise includes project management, performance, and financial analysis and budgeting. of .~~MuniFinancial MAR GR.I~ALVA . 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 n Project Highlights Education \:K7 ~lt Put:diG ~~4 ~~ MuniFinancial RI HARD KOPECKY As president and CEO of Wi/Man, Mr. Richard Kopecky, P.E., directs the managers of Willdan's 17 regional and local offices, and continues. to be active in personally providing and checking 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 administration and coordination of services to a number of client agencies in the counties of Los Angeles, Kern, and San Bernardino. Services provided to these municipalities included: Assessment Districts , Budgets Building/ 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 Mr. Kopecky possesses more than 37 years of civil engineering experience, including administration and preparation of engineering development control ordinances; and the establishment of development requirements related to drainage, roads, sewers, soils and geology, and water. 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. 13 3~ 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 with 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 SUB NS L TAN s/su ON 1'"'!:::;: ~ '-" 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. l\1h..u~iFinandal 14 SCOPE OF ERVICES LAi'~D5CAPIN AND LI HTIN As E MENT D!STRICT A INISTRATIOj'-.J As a part of this proposal for City of Dublin, MuniPinancial 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, incluc:ling 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," immec:liately 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 and/or 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. l\f1uniFinancial i5 \Ve 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 will 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 Engineer'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, MuwFinancial 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 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. 191 5 ,~CT ASSi="SSMENT DISTRI 1 C!TYW!Dt. REFUSE FE 1 AND CITYW!DE EMS FE 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 inquiries 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 ",vill 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. s: MuniFinandal 17 OPTIONAL SERViCES Taxpayer Point of Contact (Property Owner Service Calis) Provide the Alameda County Auditor/Controller "vith 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 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. We 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 ESPONSIBILlT1ES 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 resolutions. ~ MuniFinancial ',:'-;"; .l () ~q q~ 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 c:listrict. Annual information related to fund balances for the c:listrict. 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. ~ IViuniFinancial 19 ~o on Y ~ 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 April/May May May May/June May/June September/October January 31 I PROdECT TASKS. .. , After Notice to Proceed, coordinate with tll~City.to transfer releVpQtinfO{l1lation, Prepare;; Clndupdate<'.lnelecironic database con" 9 parcel bf,lsisd21taandanllual fee/assessmentlevy' amounts.~.eview., " .. ot documentation. Kickoff meeting to review the existing, districtsandto discuss possible changes for the upcoming fiscal year, including budgeU$$Ues, E\sweil as. legislative thi3nges that may im act the districts. Prepare a levytimeline, including keydatescmdtimeframes forpertinElnt tasks, Prepare preliminary Engineer's Reportfqr the City's Intent Meetlng..([.LDs). Enhance thElparcel database through a cql'T1parisoqbetweenexisting parcel data, and the current County Secured Roll Utillzingoursoftw$re, MuniMagic;we gte.ableto effectively identify.and updateland usechanges,a[Jd track parcel reconfigurations. Forlandscapingand.UghtIhg Assessment Distrids;prepare theannuai FinalEhgineer's Report in aocorciance with the Landsoaping and Lighting Act of 1972, Proposition 218, and the City's Municipal 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 accordingly, Calculate and app0l1ion 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 Office. Provide 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 mall Prepare and provide to the Alameda County Assessor the annual report required by Revenue and Taxation Code Section 163, ~ fv1uniFinancial '/(1 "{,,,'.,/ FERENC S _~~A Client relationships are extremely important to us. We encourage you to contact our clients regarding our commitment to personalized service and performance. City of Hercules (5.10) 799-8242 Blancaflor of Vallejo (707) 649-3414 Gonzales City of Riverbank Kathleen (209) 869-"1128 MuniFinancial NE of Reports, and update/transfer of levy data to IheCounty Administration of City's 11 Landscape Maintenance Districts. Includes database maintenance, and researching parcel changes; plus preparing and providing annual Engineer's Rep()rts Administration of the City of Riverbank's 5 Landscaping and Lighting Districts, as vvell as annLlal Engineer's Reports 9 '12 $2,0'14,73"1 $540,038 EL COUNT S,5.00+ 12,00()+ 2,500+ INVOLVED Project B W tvlose$ Al1Eiiyst Al!isonMoore + Senior Project Manager Bill Moses ~ Senior Analyst Allison Moore 10 Senior Analyst Marc Grijalva ........m.._._..._._......~...._.__... + Senior Project Manaqer Bill Moses .. Analyst Ginny Grudzinski ....' C"";:I ..c V\ Page 21 ..".... , .) CONT ACT Ex EPTIONS ]I. 1 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' COMPENSAT!ONH An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified tlrst class mail, return receipt reque:,red postage prepaid, has been given to the City, ten (10) days' notice if cancellation is due to nonpayment of premium. " . An endorsement shall state that coverage shall not be :nJspcndcd, -,-oided, canceled by either party, reduced in coverage ()t in limit:;, except after thirty (30) days' prior written notice by certified first class mail, retu1'Cl receipt requested postage prepaid, has been given to the City, ten (10) days' notice if cancellation is due to nonpayment of premium. Any deductible or self-insured retention shall not exceed $250~000 $150,000 per claim. PAGE 5. SECTION 4.3.2. "PROFESSIONAL LIABILiTY I NSURANCE1' An endorsement shall state that coverage shallrtot be su:,pcndcd, vClided, canceled by either party, first class reduced in cc\cragc er-:in limits, except after thirty (30) days' prior written notice by certified mail, postage prepaid return reccip rcq1Jc;tcd, has been given to the City, ten (10) days' notice if cancellation is due to nonpayment of premium. ~ MuniFinancial 22 COST PROPOSAL The following amounts reflect application of the scope of services. They are based on the time we estimate we 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 (CPI) for San Francisco-Oakland-San Jose area, as calculated by the United States Department of Labor. DISTRiCT ADMINl TRATI N S RVI.CES DISTRICT / ITEM D 83-1 LL 97-1 (Santa Rita) 2,500 SLMD 99-1 3,500 Refuse Collection Fee 3,700 EMS Fee 3,700 1915 Act AD (Dublin) 500 $ 22,900 OPT!ONAL SERVICES Taxpayer Point of Contact (Properly Owner Service Calls) No charge for this service (included). ~~ l:"-cMuniFinancial 23 L\4 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 fig~res 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. o Preparation and Mailing of Public Notices and Ballotsfbr'Tricreased Assessments Duplication and Malling of Legal Notices and Newsletters $0.50 to $1.75 Per Parcel Ballot Tabulation Services Time and Materials Basis Rr--IM URSA LE Exp NSES MuniFinancial will be reimbursed for out-of-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 ata later date with the City. ~, MuniFinancial 24 ADDITIONAL S RVI ES 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 Senior Analyst Analyst Analyst Assistant Property Gvmer 105 85 75 ..._._._......._".,.__.._.__.~_~....._____w,~...".."._M....."___m.~__."_.._.......__..._......"'.........._..._..........".._...".."'..~..,,_,._.....m_...._...__..___. Support ~ J\'1uniFinancial 25'